AT&T Yahoo! Business Mail Sub-Account User Terms of Service

1. ACCEPTANCE OF AT&T YAHOO! TERMS

Welcome to AT&T Yahoo! Business Email, Custom Mailbox, and Business Mail ("AT&T Yahoo! Email Products"). Your use of AT&T Yahoo! Email Products is subject to the following Email Sub-Account Terms of Service ("ESTOS") are between you ("You", "Your" or "Merchant"), SBC Internet Services (Ameritech Interactive Media Services, Inc., Pacific Bell Internet Services, SNET Diversified Group, Inc., Southwestern Bell Internet Services, Inc., or Prodigy Communication Corp.) (collectively referred to as "SBC Internet Services" or "SBC") and Yahoo! Inc. and its affiliates ("Yahoo!") (SBC Internet Services and Yahoo! are collectively referred to as "AT&T Yahoo!"), and consists of the most current versions of the terms and conditions of the TOS (http://docs.yahoo.com/info/terms/sbc/smallbusinessterms.html), as well as the SBC Privacy Policy (http://www.sbc.com/sbc_privacy_policy/0,,1,00.html), Yahoo! Privacy Policy (http://privacy.yahoo.com/privacy/us/fin/index.html), the Yahoo! Terms of Service (http://docs.yahoo.com/info/terms/), the SBC Acceptable Use Policy (http://www.webhosting.com/pages/ab_policies.shtml), the Store Guidelines (http://docs.yahoo.com/info/guidelines/sbc/store.html), Business Email Additional Terms of Service (http://docs.yahoo.com/info/guidelines/sbc/business.html), and the applicable Small Business Mail Guidelines (http://docs.yahoo.com/info/guidelines/sbc/mail.html) (all together, the "Terms"). These Terms constitute a legal document that details Your rights and obligations as a subscriber of SBC Yahoo! Merchant Solutions, SBC Yahoo! Web Hosting, SBC Yahoo! Business Email, and/or SBC Yahoo! Domains and/or SBC Yahoo! Geocities (each referred to as the "Service" and jointly as the "Services"). You must accept these Terms as a condition of the Service, and must have a valid SBC Yahoo ID. Any person or entity acting on Your behalf shall also be bound by these Terms and You agree to be responsible for such person's or entity's actions. Your SBC Yahoo! Internet access service, if any, is separately governed by your Membership Agreement for that service: http://sbc.yahoo.com/terms.

AT&T Yahoo! reserves the right to update and change, from time to time, these ESTOS and all documents incorporated by reference. The most recent version of these ESTOS is located at (http://order.sbs.yahoo.com/sbs/tos/sbc_bm_addtl_terms.html) and the most recent version of the AT&T Yahoo! Terms of Service at the URL indicated above.

2. DESCRIPTION OF SERVICE

This email service provides functionality that allows the subscriber to the AT&T Yahoo! email account ("Account Subscriber") to create email sub-accounts ("ESA") for individual users ("Sub-Account Users") for the purpose of sending and receiving email through the email account of the Account Subscriber. An Account Subscriber may grant access to any individual that is a registered AT&T Yahoo! user with an active AT&T Yahoo! User ID.

3. OWNERSHIP OF BUSINESS MAIL ACCOUNT AND SECURITY

The Account Subscriber and each Sub-Account User are responsible for maintaining the security of the email account and all sub-accounts, and are fully responsible for all activities that occur under the email account and sub-accounts. The Account Subscriber and all Sub-Account Users agree to immediately notify AT&T Yahoo! of any unauthorized use of the account or any other breaches of security. AT&T 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 AT&T Yahoo! be liable in any way for any acts or omissions of the Account Subscriber or any Sub-Account User including any damages of any kind incurred as a result of such acts or omissions.

4. YAHOO'S PROPRIETARY RIGHTS

AT&T Yahoo! grants to you a non-transferable, non-exclusive right and license to use the email service as provided through the publicly available internet user interface and any associated data or content. The Account Subscriber and each Sub-Account User agrees not to (nor allow a third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the email service.

9. DISCLAIMER OF WARRANTIES

The Account Subscriber and each Sub-Account User understands and agrees that this email service is provided "AS-IS" and that AT&T Yahoo! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

10. AT&T YAHOO!'S RESERVATION OF RIGHTS

AT&T Yahoo! expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any AT&T Yahoo! service, including any email service, if Yahoo, in its sole discretion believes you or someone on the email account has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the AT&T Yahoo! Terms of Service or these ESTOS.

11. INVALIDITY OF SPECIFIC TERMS

If any provision of these ESTOS 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.

12. LOCATION OF LAWSUIT

These Terms and the relationship between You and AT&T Yahoo! shall be governed by the laws of the State of California without regard to its conflict of law provisions, and specifically excluding from application to these Terms that law known as the United Nations Convention on the International Sale of Goods. You and Yahoo agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California. The failure of Yahoo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.