Yahoo!

Yahoo! GeoCities Pro Additional Terms
1. ACCEPTANCE OF YAHOO! TERMS
Welcome to Yahoo! GeoCities Premium Services ("Premium Services"). Your use of the Premium Services in conjunction with a GeoCities Pro package ("GeoCities Pro") is subject to these Additional Terms that supplement the Yahoo! GeoCities Terms of Service ("GeoCities TOS") hereby incorporated by reference. To the extent that these Additional Terms are inconsistent with the GeoCities TOS, these Additional Terms will prevail. Yahoo! reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://order.sbs.yahoo.com/sbs/tos/geopros_tos.html and the most recent version of the GeoCities TOS at the URL indicated above. Please note: These Additional Terms apply to GeoCities Pro only. The GeoCities Plus premium service package is governed by a different set of additional terms, located at http://docs.yahoo.com/info/terms/geoplusterms.html.
DESCRIPTION OF SERVICE
GeoCities Pro and Premium Services provide the functionality that allows a Yahoo! user to register or transfer their own domain and to host a complete web site. In addition to features already offered on Yahoo! GeoCities, this package offers several premium features. Your site will: be free of advertising, have increased data transfer, and enable you to offer personal email accounts using your domain name.
3. DOMAIN REGISTRATION
3.1 If You Register a New Domain Name:
If you register a new domain name in conjunction with a GeoCities Pro package, the following terms apply (in addition to those set forth in the GeoCities TOS):
Yahoo! has chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar for .com, .net, .org, .biz, .info, and .us domain names, to provide domain name registration services. You hereby authorize Yahoo! to acquire your selected domain name from INWW. In order to receive a domain name, you must agree to INWW's terms and conditions located at http://domains.yahoo.com/inwwagree.html for .com, .net, .org, .biz, and .info domain names and http://domains.yahoo.com/inwwagree_us.html for .us domain names, as may be amended. You understand that you are creating a separate contractual relationship between you and INWW, and that you, and not Yahoo!, are responsible for all fees, liability, and obligations in connection with that relationship. Until this Premium Service is cancelled or otherwise terminated, Yahoo! will pay on your behalf the domain registration/renewal fees as part of the Premium Service. You agree that your obligations to indemnify under "Indemnity" in the Yahoo! Terms of Service includes any claim or demand associated with your domain name, any domain name pre-registration services provided through the Service, or the INWW terms and conditions. You will be listed as the registrant and administrative contact in connection with your domain name, unless you choose another registrant and administrative contact. If you choose a registrant and administrative contact other than yourself, such person(s) must enter into an agreement directly with the INWW and, additionally, will be bound by this Agreement in addition to yourself. You hereby authorize Yahoo! to list itself as the billing contact, technical contact, and name server in connection with your domain name and to take any actions Yahoo! deems appropriate in those capacities. However, upon termination of the Service, Yahoo! may immediately cease acting in those capacities and reserves the right to transfer your account to INWW for collection of past-due amounts. In the event of such transfer, you authorize INWW to serve as the billing contact, technical contact, and name server in connection with your domain name and to take any actions the INWW deems appropriate in those capacities. Upon termination of the Service, Yahoo! will not be responsible to forward any notices, emails, or other correspondence to you or to take any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing Yahoo! as the billing, technical contact, and name servers in connection with your domain name, unless Yahoo! notifies you otherwise.
3.2. IF You Want to Use Your Existing Domain Name:
If you choose to use a domain name under the Service that you have already registered with another provider, you must request that the original registrar change the name servers for the domain name as designated by Yahoo!, on your behalf. PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME UNDER THE SERVICE THAT YOU HAVE ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO YAHOO! FOR THE SERVICE DO NOT INCLUDE REGISTRATION FEES OWED BY YOU TO YOUR PRIOR PROVIDER, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR CURRENT PROVIDER, INCLUDING RENEWAL FEES. ADDITIONALLY, IF YOU CHOOSE TO USE A DOMAIN NAME PREVIOUSLY REGISTERED THROUGH VERISIGN/NETWORK SOLUTIONS, YOU HEREBY AUTHORIZE YAHOO! TO SUBMIT A REQUEST TO VERISIGN/NETWORK SOLUTIONS TO CHANGE THE NAME SERVERS AND/OR TECHNICAL CONTACT TO YAHOO! ON YOUR BEHALF. SUCH REQUEST BY YAHOO! WILL NOT BE FINALIZED UNTIL YOU PROVIDE AUTHORIZATION TO VERISIGN/NETWORK SOLUTIONS.
4. YAHOO! ID AND YAHOO WALLET REQUIREMENT
To create a web site with GeoCities Pro and Premium Services, you must have a valid Yahoo! ID and have agreed to the Yahoo! Terms of Service. You must also have a Yahoo! Wallet, which will save your credit card, billing, and shipping information and other information ("Registration Data"). If you do not have a Yahoo! ID or a Yahoo! Wallet and wish to create a Premium Services account through GeoCities Pro, you will be prompted to complete the registration process for them before you can pay for GeoCities Pro. Click here for more information on Yahoo! Wallet.
5. PAYMENT TERMS
5.1 Monthly Billing
The credit card that you provide as part of your Registration Data for Yahoo! Wallet will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Yahoo! gives notice to the contrary, payment for your GeoCities Pro and Premium Services are billed on a monthly basis and are non-refundable.
5.2 Setup Fee
When you register for GeoCities Pro you will be charged a one-time, non-refundable setup fee.
5.3 Data Transfer Fee
If you choose the automatic billing option for extra data transfer for your GeoCities Pro package and you go over your package allotment, you will be billed automatically for each extra transfer rate increment. You will not be refunded for the extra data transfer in that increment that you did not use. If you do not choose automatic billing at registration, and you use up all your data transfer capability in any given month, you can go back to your options settings and opt in to automatic billing. You may opt out of automatic billing for extra data transfer at any time.
5.4 Cancellation and Termination
If you cancel your GeoCities Pro and Premium Services account before the end of the monthly term, your cancellation will take effect immediately and your GeoCities Pro website will revert to the size and capacity of a free Yahoo! GeoCities web site. Your domain name will remain registered for its current term but will cease working with your email and pointing to your web site. Your access to your site will be limited to deleting files until you are under the free web site capacity limit. In addition, you will no longer have the added benefits and tools of GeoCities Pro. Once you are under the limit, you will be able to fully access and use your site.
If your credit card is invalid for any reason, your Premium Services may be cancelled and all the information contained within deleted permanently. Yahoo! accepts no liability for information that is deleted due to an invalid credit card.
In addition, Yahoo! may immediately terminate your Premium Services for any failure to follow the Agreement by you. Such termination of your Premium Services may result in the deactivation or deletion of your Yahoo! GeoCities web site and the forfeiture and relinquishment of all files contained in your account.
6. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of the Premium Services account and are fully responsible for all activities that occur under the account and any other actions taken in connection with the registered domain name, including those of users to whom you give email accounts on your domain ("Domain Email Users"). You agree to immediately notify Yahoo! of any unauthorized uses of the account or any other breaches of security. Yahoo! cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Yahoo! be liable, in any way, for any acts or omissions, of you or any Domain Email User, to whom you give an email account on your domain, including any damages of any kind incurred as a result of such acts or omissions.
7. DOMAIN EMAIL USERS
Please note that all Domain Email Users must have Yahoo! IDs and are subject to the Yahoo! Terms of Service. Yahoo! expressly assumes no liability for any losses incurred by the company due to Domain Email User activities.
8. COMMERCIAL USE
Notwithstanding Section 5(q) of the GeoCities TOS, you may use your GeoCities Pro website for certain commercial purposes. However, if you use your GeoCities Pro site for commercial uses, those uses are limited and you hereby agree, warrant, and represent that:
a) you are responsible for all goods and services offered in connection with the Premium Services, all materials used or displayed in connection with the Premium Services, and all acts or omissions that occur in connection with your Premium Services account or password.
b) you will display on your web site your contact information, including at a minimum, your company name, address, telephone number, fax number, and email address. You agree to update such information and to keep it true, accurate, current, and complete.
c) you will not resell, assign, or transfer your rights or obligations under the GeoCities TOS or these Additional Terms.
d) you will not use these Premium Services in a manner that principally provides hosting, storage, or other resources to third parties.
e) you have full power and authority under all relevant laws and regulations to offer and sell the goods and services offered, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered.
f) you have full power and authority under all relevant laws and regulations to copy and display the materials used or displayed.
g) you have full power and authority under all relevant laws and regulations to provide for delivery of goods or services as specified.
h) you will not engage in the offering or sale of anything that constitutes or encourages a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or services or the violation of export control or obscenity laws.
i) you will not engage in the sale of any good or service that defames, impersonates, or invades the privacy of any third party or entity.
j) you will not engage in any sale of goods or services that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others.
k) you will post a privacy policy on your web site that, at a minimum, discloses any and all uses of personal information collected from users by you; (b) to provide a hypertext link to your privacy policy on the home page of the web site and on all pages where you collect personal information; and (c) to use personal information only as expressly permitted by your privacy policy.
9. YAHOO!'S RESERVATION OF RIGHTS
Yahoo! expressly reserves the right to immediately modify, suspend, or terminate Registrant's Premium Services account and refuse current or future use of any Yahoo! service, including any Premium Services account and GeoCities Pro, if Yahoo!, in its sole discretion, believes Registrant or someone on the Premium Services account: (i) has violated or tried to violate the rights of others; (ii) offers content, goods, or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (iii) has become the subject of a government complaint or investigation; or (iv) has violated, threatens to violate, or acted inconsistently with the spirit or letter of the GeoCities TOS or these Additional Terms.
10. INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the such documents remain in full force and effect.
11. LOCATION OF LAWSUIT
The Yahoo! Terms of Service and the GeoCities TOS which apply to your Premium Services, provides that both you and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.