1.0 ACCEPTANCE OF TERMS

1.1 The following Terms of Service ("TOS") are between you ("You" or "Your"), 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 "SBC Yahoo!"), and consists of the most current versions of the terms and conditions of the TOS, as well as the SBC Privacy Policy, Yahoo! Privacy Policy, the Yahoo! Terms of Service, the SBC Acceptable Use Policy, the Store Guidelines, Business Mail Additional Terms of Service, and the applicable Small Business Mail Guidelines (all together, the "Terms"). These Terms constitute a legal document ("Agreement") that details Your rights and obligations as a subscriber of SBC Yahoo! Merchant Solutions, SBC Yahoo! Web Hosting, SBC Yahoo! Mail Business Edition, SBC Yahoo! Domain Services, 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.

1.2 SBC Yahoo! reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether SBC Yahoo! has provided You individual notice, Your continued use of the Service following SBC Yahoo!'s notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to SBC Yahoo! is updated and correct.

1.3 If You are registering a new domain name in conjunction with the Service, Your use of the domain name is also subject to the Melbourne IT Domain Name Registration Agreement .com, .net, .org, .biz, and .info or Melbourne IT Domain Name Registration Agreement .us, set forth below, which is an agreement between You and Melbourne IT, and not with SBC Yahoo!.

1.4 BY COMPLETING THE REGISTRATION PROCESS ("Registration Process") AND CLICKING THE "I ACCEPT" BUTTON, YOU: (a) agree to be bound by these Terms and, if applicable, the Melbourne IT Domain Name Registration Agreement; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Service registration form, including billing and credit card related information and other account information (all together, the "Account Information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; and (d) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS.

2.0 DESCRIPTION OF SERVICE

2.1 The complete list of services (the "Service") governed by these Terms is as follows:

• SBC Yahoo! Merchant Solutions: Merchant Intro, Merchant Enhanced, and Merchant Premium
• SBC Yahoo! Web Hosting: Web Hosting Intro, Web Hosting Enhanced, and Web Hosting Premium
• SBC Yahoo! Mail Business Edition ("Business Mail")
• SBC Yahoo! Domain Services: Domain Pointer and Domain Parking
• SBC Yahoo! GeoCities: GeoCities Plus, GeoCities Pro, and GeoCities Free

2.2 If You are an SBC Yahoo! Merchant Solutions customer, Your Service includes E-Commerce (Store) functionality, Web Hosting, Business Mail, and Domain Registration. Except for Section 12 (Personal Mail), these entire Terms apply to You

2.3 If You are an SBC Yahoo! Web Hosting Enhanced or SBC Yahoo! Web Hosting Premium customer, Your Service includes Web Hosting, Business Mail, and Domain Registration. Except for Sections 10 and 12 (Merchant Solutions, Personal Mail) these entire Terms apply to You.

2.4 If You are an SBC Yahoo! Web Hosting Intro or SBC Yahoo! GeoCities Pro customer, Your Service includes Web Hosting, Personal Mail, and Domain Registration. Except for Sections 10 and 11 (Merchant Solutions and Business Mail), these entire Terms apply to You.

2.5 If You are an SBC Yahoo! Business Mail customer, Your Service includes Business Mail and Domain Registration. Except for Sections 10 and 12 (Merchant Solutions and Personal Mail), these entire Terms apply to You.

2.6 If You are an SBC Yahoo! Domain Services customer, Your Service includes a single web card, a single Business Mail account, and Domain Registration. Except for Sections 10 and 12 (Merchant Solutions and Personal Mail), these entire Terms apply to You.

2.7 If You are an SBC Yahoo! GeoCities Plus or GeoCities Free customer, Your Service includes a GeoCities web address. Except for Sections 10, 11, 12, and 13 (Merchant Solutions, Business Mail, Personal Mail, and Domain Registration), these entire Terms apply to You.

2.8 Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to these Terms. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for Your access to and use of the Service and any Software, and for all related fees.

3.0 INTELLECTUAL PROPERTY

3.1 Except for the rights expressly granted herein, this Agreement does not transfer from SBC Yahoo! to You any SBC Yahoo! developed and/or owned technology, and all rights, title, and interest in and to such technology will remain solely with SBC Yahoo!. Except for the rights expressly granted herein, this Agreement does not transfer from You to SBC Yahoo! any of Your developed and/or owned technology, and all rights, title, and interest in and to such technology will remain solely with You. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.

3.2 Notwithstanding anything to the contrary in this Agreement, SBC Yahoo! will not be prohibited or enjoined at any time by You from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of SBC Yahoo!.

3.3 SBC Yahoo! may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and You expressly authorize SBC Yahoo! to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to You.

3.4 You shall not use SBC Yahoo!'s name or any language, pictures, or symbols which could, in SBC Yahoo!'s judgment, imply SBC Yahoo's identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without SBC Yahoo's prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between SBC Yahoo! and You, including the method and timing of such announcements, must be approved in advance by SBC Yahoo! in writing. SBC Yahoo! reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material breach of these Terms.

3.5 Yahoo!, and other Yahoo! product and service names, and all of their related logos, are each trademarks of Yahoo! Inc. (the "Yahoo! Marks"). Without Yahoo!'s prior written permission, you agree not to display or use in any manner, the Yahoo! Marks.

3.6 SBC and the SBC logos and all other SBC brands, logos, and product and service names ("SBC Marks") are registered trademarks or trademarks of SBC Knowledge Ventures, L.P. Any use of SBC Marks is prohibited without prior written permission of SBC Knowledge Ventures, L.P.

4.0 PAYMENT

4.1 Payment Terms

Unless modified in accordance with Section 4.6, You will pay all fees due according to the prices and terms applicable to your Services, including option features. SBC Yahoo! reserves the right to require a security deposit prior to provisioning Service. All installation or set-up fees and non-recurring charges, along with the first month¢s recurring charges, shall be due and payable: (1) if You are being billed with Your SBC affiliate telephone bill (where available), on the due date of such bill; or (2) if You are having bills charged to your credit card, within ten (10) days of initiation of Service. Thereafter, recurring fees will be invoiced, in advance on Your telephone bill (where applicable) or charged to Your credit card. If Your credit card or Your Billing Telephone Number ("BTN"), if applicable, is invalid or You are otherwise past-due in your payments for any reason, the Service may be terminated and removed from SBC Yahoo!'s servers by SBC Yahoo! with or without notice, and all the information contained within deleted permanently. SBC Yahoo! accepts no liability for information or content that is deleted due to an invalid credit card or BTN or where Your payments are past-due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional set up fees. In the event You fail to pay charges, SBC Yahoo! may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse SBC Yahoo! for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or SBC Yahoo! on the charges and all late payment, interest, or other fees as stated on Your bill. You will also be charged a fee for any check returned to SBC Yahoo! (or your telephone company) relating to the Service. SBC Yahoo! or Your applicable SBC affiliate telephone company may modify its billing practices or late payment charges by providing You with prior written notice of the modification. SBC Yahoo! in its discretion may offer discounts or special offers from time to time.

4.2 Merchant Solutions

If You are an SBC Yahoo! Merchant Solutions customer, You will be charged, as applicable, (a) a one-time set-up fee, (b) a monthly hosting fee, and (3) monthly transaction fee equal to a percentage of the Total Revenue, with payments due with the billing for the month after the calendar month to which the transaction fee applies. SBC Yahoo! will calculate all fees.

"Total Revenue" means the total dollar amount, excluding shipping and handling charges and any applicable taxes, of all transactions conducted through Your Store. See Section 10.1. You will be entitled to identify, and exclude from Total Revenue, those transactions conducted through Your Store that are cancelled or for which no products are shipped to the purchaser ("Excluded Transactions"), except that You must identify a transaction as an Excluded Transaction within 90 days from the date on which the transaction was originally conducted. SBC Yahoo! shall be entitled to audit, at a mutually agreed upon time during normal business hours, those records of Yours relating to Total Revenue, including Excluded Transactions, and otherwise to investigate Total Revenue, including Excluded Transactions, which might include contacting the purchaser to confirm that a transaction at issue is an Excluded Transaction.

4.3 Web Hosting, Business Mail, Domain Services, and GeoCities

If You are an SBC Yahoo! Web Hosting, SBC Yahoo! Business Mail, and/or SBC Yahoo! GeoCities customer, You will be charged, as applicable, (a) a one-time set-up fee and (b) a monthly Service fee. If You are an SBC Yahoo! Domain Services customer, you will be charged, as applicable, (a) a one-time set-up fee and (b) an annual Service fee. SBC Yahoo! will calculate all fees.

4.4 Data Transfer Fee

For SBC Yahoo! Merchant Solutions and SBC Yahoo! Web Hosting customers, if You choose the automatic billing option for extra data transfer for the Service during the Registration Process 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 during the Registration Process, 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.

4.5 Upgrades and Downgrades

You can upgrade or downgrade between the plans and products listed in Section 2 above at any time. Such upgrade or downgrade will take effect immediately. For any upgrade in plan level or product, if you pay by credit card, the credit card that You provided will automatically be refunded a pro-rata amount for the lower level Service and charged a pro-rata amount for the higher level Service. The refund and charge will both be based on the number of days remaining in Your contract term. The anniversary date of service will not change. For any downgrade, Your credit card will be refunded a pro-rata amount for the days remaining in Your contract term. You may also be charged, as applicable, an Upgrade or Downgrade fee. Fees may not be credited towards other services. If you are being billed with Your telephone bill (where available), the refund and charge will be calculated as set forth above and included on your next bill.

4.6 Price Changes

SBC Yahoo! may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Service. Upon renewal, as provided in Section 5.1, the prices charged may be changed without notice to the then prevailing price for the Services.

Current Fee Schedules

http://smallbusiness.sbc.yahoo.com/webhosting for webhosting; http://smallbusiness.sbc.yahoo.com/bzinfo/prod/dom/ for domains; http://smallbusiness.sbc.yahoo.com/bzinfo/prod/com/pricing.php for merchant solutions; and http://smallbusiness.sbc.yahoo.com/bzinfo/prod/bemail/ for mail.

4.7 Taxes

You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter "Tax") imposed on, or with respect to, the Services under this Agreement.

4.8 Bill Inquiries and Refunds

If You believe You have been billed in error for the Service, please notify SBC Yahoo! within 60 days of the billing date by contacting Customer Service about the error. Customer Service can be reached at 1-866-SBCY-WEB (1-866-722-9932). SBC Yahoo! will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. All inquiries regarding payment or your account should be directed to 1-866-SBCY-WEB (1-866-722-9932).

5.0 TERM AND TERMINATION

5.1 Term

The initial term of this Agreement and these Terms will commence on the date that You click the "I AGREE" button to these Terms (or the first date on which you use the Service, whichever comes first) and will remain effective for the period of time corresponding to the plan You select during the Registration Process ("Initial Term"). If You wish to terminate the Services at the end of the Initial Term or any subsequent term to which you have agreed ("Renewal Term"), notice of intent to terminate must be given in written form emailed from email contact account to support@sbcyahoohosting.com at least 30 days prior to the termination date. Neither U.S. mail nor phone notification shall be acceptable. If You fail to notify SBC Yahoo! of Your intent not to renew, this Agreement will be automatically renewed for a month-to-month period at the SBC Yahoo! then-current rates and charges for a month-to-month Service. If You wish to renew for a Term equal to your Initial Term ("Renewal Term"), if available, You must notify SBC Yahoo! at least 30 days prior to the renewal date of Your desire to renew for the Renewal Term. If You renew for a Renewal Term, this Agreement will be renewed for the Renewal Term at the SBC Yahoo! then-current rates and fees. Except as set forth in these Terms, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its Terms.

5.2 Cancellation/Termination by You

You may cancel Your Service and terminate these Terms at any time. If You cancel the Service before the end of the Initial or Renewal Term, Your Service and access to the Service will be discontinued immediately, and no refund will be provided for any payments You have made. If the Initial or Renewal Term is more than one month, and you cancel Your Service prior to the expiration of such Term, an early termination fee may apply to the extent agreed to during the Registration Process.

If You registered for a new domain name in conjunction with Your Service and cancel before You have paid your second monthly payment without disputing such charge with either your credit card company or SBC Yahoo!, SBC Yahoo! reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to SBC Yahoo!. You acknowledge that where SBC Yahoo! transfers such domain name to SBC Yahoo! under this Section 5.2, SBC Yahoo! will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name). Additionally, Your domain name will cease working with Your email and no longer point to Your web site. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by SBC Yahoo!.

If You did not register for a new domain name in conjunction with the Service or did register for a new domain name but cancel Your Service after You have paid Your second monthly payment without disputing such charge with either your credit card company or SBC Yahoo!, Your domain name will remain registered for its current term. However, Your domain name will cease working with Your email and no longer point to Your web site. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by SBC Yahoo!.

5.3 Termination by SBC Yahoo!

SBC Yahoo! may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, SBC Yahoo! may also, but has no duty to, immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from SBC Yahoo! servers, or remove any Content within the Service, if SBC Yahoo! concludes, in its sole discretion, that You (a) have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable SBC Yahoo! Policy or any applicable law or regulation; (b) have provided false information as part of your Account Information; (c) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (d) are engaged in activities or sales that may damage the rights or reputation of SBC Yahoo! or others (each "Termination for Cause"). Any Termination for Cause by SBC Yahoo! will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your SBC Yahoo! ID is terminated for any reason, these Terms and Your access to the Service will also be terminated. Additionally, if You registered a new domain name in conjunction with Your Service and SBC Yahoo! terminates Your Service due to a Termination for Cause before You have paid your second monthly payment without disputing such charge with either your credit card company or SBC Yahoo!, then SBC Yahoo! reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to SBC Yahoo!. You acknowledge that where SBC Yahoo! transfers such domain name to SBC Yahoo! under this Section 5.3, SBC Yahoo! will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name).

5.4 Termination for Cause by Either Party

In addition to any other right to terminate set forth herein, either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from SBC Yahoo!; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.

5.5 Termination Legal Event

In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes SBC Yahoo! to believe that these Terms and/or the Service provided hereunder may be in conflict with such rules, regulations, and/or orders, SBC Yahoo! may suspend or terminate the Service or terminate these Terms without liability. In the event an SBC Yahoo! sub-contractor or vendor for material features of the Service stops providing the Service (or any material element thereof) to SBC Yahoo! for any reason, or in the event that SBC and Yahoo! no longer agree to jointly provision such Services, SBC Yahoo! will have no obligation to arrange for a reasonably comparable service.

5.6 Deletion of Content

Upon any termination of the Service, SBC Yahoo! reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service, including but not limited to order processing information, mailing lists, files, email, and any web pages generated by You or the Service. SBC Yahoo! accepts no liability for such deleted information or content.

5.7 Responsibility for Fees

Should SBC Yahoo! suspend a portion, but not all, of your Service due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the Service as a whole. Should SBC Yahoo! terminate your Service, You are liable for the payment of all fees applicable to the Service up to the date of termination, in addition to any early termination fees (if any).

5.8 Waiver

You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.

6.0 COMMUNICATIONS

As part of the Service, You agree to receive the first of an ongoing series of product update communications related to the Service ("Business Services Product Updates"). Business Services Product Updates may include information about SBC Yahoo! Merchant Solutions, SBC Yahoo! Web Hosting, SBC Yahoo! Business Mail, SBC Yahoo! Domain Services, and/or SBC Yahoo! GeoCities, in addition to other related products and services. Upon receipt of this first Business Services Product Update, You will have the opportunity to opt-out of future Business Services Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication. Please note that You may also visit your SBC Yahoo! Marketing Preferences page at any time to manage Your communication preferences for other optional communication categories.

7.0 PRIVACY AND ACCEPTABLE USE

7.1 SBC Yahoo! Policies

You agree that you have received, read, and understand the SBC Privacy Policy, Yahoo! Privacy Policy, and SBC Acceptable Use Policy ("SBC Yahoo! Policies") and also the Small Business Mail Guidelines and the Store Guidelines. The SBC Yahoo! Policies contain restrictions on Your online conduct (including prohibitions against unsolicited commercial email). The current version of the SBC Yahoo! Policies are posted at the SBC Yahoo! web site as set forth in Section 1.1. SBC Yahoo! may change the SBC Yahoo! Policies upon notice to You, which notice may be provided by posting such new SBC Yahoo! Policies at the SBC Yahoo! web site.

As part of Your Registration Process, You agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding Your Service and updates to the Service. In order to opt-out of receiving such communications You must cancel the Service. You also understand and agree that the Service may include certain communications from SBC Yahoo!, such as service announcements and administrative messages, and that these communications are considered part of SBC Yahoo! membership and You will not be able to opt out of receiving them.

7.2 Prohibited Uses

In addition to those matters set forth in the SBC Yahoo! Policies, You shall not post, transmit, re-transmit, or store material on or through any of the Services which, in the sole judgment of SBC Yahoo! (i) is in violation of any local, state, federal, or foreign law or regulation; (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, "Persons"); or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service, among other things, to:

1. upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, including but not limited to an SBC or Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

5. upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

10. violate any applicable local, state, national, or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

11. "stalk" or otherwise harass another;

12. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

13. collect or store personal data about other users;

14. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;

15. use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond SBC Yahoo! GeoCities;

16. have multiple SBC Yahoo! GeoCities addresses that are within the same SBC Yahoo! GeoCities neighborhood or that have the same theme; or

17. engage in commercial activities through the SBC Yahoo! GeoCities service. This includes, but is not limited to, the following activities:
    • offering for sale any products or services;

    • soliciting for advertisers or sponsors;

    • conducting raffles or contests that require any type of entry fee;

    • displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of the GeoGuide Banner Exchange program and the Internet Link Exchange; and

    • displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

You agree to indemnify and hold harmless SBC Yahoo! from any claims resulting from the use of the Services which damages You or any other party. SBC Yahoo! reserves the right to investigate You, Your business, and/or Your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites, at any time. These investigations will be conducted solely for SBC Yahoo!'s benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in SBC Yahoo!'s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the SBC Yahoo! Policies, SBC Yahoo! may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against SBC Yahoo! for such action.

7.3 Advertising and Promotions

SBC Yahoo! runs advertisements and promotions on SBC Yahoo! GeoCities Free Sites. By creating your SBC Yahoo! GeoCities Free Site, you agree that SBC Yahoo! has the right to run such advertisements and promotions. The manner, mode, and extent of advertising by SBC Yahoo! on your SBC Yahoo! GeoCities Free Site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that SBC Yahoo! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

8.0 OWNERSHIP AND SECURITY

You will receive a password from SBC Yahoo! to provide access to and use of Your Service, and You agree to keep Your password confidential. You are entirely responsible for maintaining the security of Your Service, and You are fully responsible for all activities that occur under Your Service and password, and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that You create for You or other individuals ("Domain Email Users"). You agree to immediately notify SBC Yahoo! of any unauthorized uses of the Service or any other breaches of security. SBC 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 SBC Yahoo! be liable, in any way, for any acts or omissions, of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.

9.0 CONTENT AND SOFTWARE - THIS SECTION APPLIES TO SBC YAHOO! MERCHANT SOLUTIONS, SBC YAHOO! WEB HOSTING, SBC YAHOO! GEOCITIES, SBC YAHOO! BUSINESS MAIL, AND SBC YAHOO! DOMAIN SERVICES CUSTOMERS

9.1 Content and Conduct Rules

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or links to other World Wide Web sites or resources and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not SBC Yahoo!, are entirely responsible for all Content that You upload, post, transmit, or otherwise make available via the Service. The Content must comply with these Terms, including applicable SBC Yahoo! Policies, and any applicable law or regulation.

9.2 Content Ownership

SBC Yahoo! does not claim ownership of the Content You place on Your Service. By submitting Content to SBC Yahoo! for inclusion on Your Service, You grant SBC Yahoo! and its successors and assigns, the world-wide, royalty-free, and non-exclusive license under Your copyrights and other intellectual property rights, if any, in all material and content displayed in Your web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any SBC Yahoo! property the results of search queries and comparisons conducted on SBC Yahoo!, including, without limitation, searches conducted on Yahoo! Shopping and the Service. You also grant SBC Yahoo! the right to maintain such content on SBC Yahoo!'s servers during the term of these Terms and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license exists only for as long as You continue to be a Service customer and terminates when Your Service is terminated.

You acknowledge that SBC Yahoo! does not pre-screen Content, but that SBC Yahoo! and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, SBC Yahoo! and its designees shall have the right to remove any Content that violates these Terms, including any applicable SBC Yahoo! Policies, is illegal, or is otherwise objectionable as determined in SBC Yahoo!'s sole discretion. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

9.3 SBC Yahoo! Proprietary Rights and Software

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content available from SBC Yahoo! for the Service, or contained in sponsor advertisements or information presented to You through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by SBC Yahoo! or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the such Content, the Service, or the Software, in whole or in part.

SBC Yahoo! grants to You a personal, non-transferable, and non-exclusive right and license to use the object code of its Software only on a server controlled by SBC Yahoo! for the sole purpose of using the Service; provided that You do not (and do not allow any 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 Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by SBC Yahoo! for use in accessing the Service.

You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by SBC Yahoo! without SBC Yahoo!'s express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software and that SBC Yahoo! does not commit to support any particular browsing platform. SBC Yahoo! reserves the right at any time to revise and modify the Software, release subsequent versions thereof, and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service.

With respect to any elective, additional software that may be made available by SBC Yahoo! in connection with the Service, if You elect to download or access such additional software, You understand that You may have to agree to additional terms and conditions before You use such software.

10.0 SBC YAHOO! MERCHANT SOLUTIONS THIS SECTION ONLY APPLIES TO SBC YAHOO! MERCHANT SOLUTIONS CUSTOMERS

10.1 E-Commerce (Store)

With SBC Yahoo! Merchant Solutions, You can use the Service to facilitate the creation and maintenance of an interactive online store ("Store") for the sale of goods and services. You acknowledge and agree that You will be solely responsible for all goods and services offered at and sold through Your Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with Your account or password. Certain Stores may be subject to additional requirements. You agree that Your use of the Service and Your Store will be in compliance with the Store Guidelines located at http://docs.yahoo.com/info/guidelines/sbc/store.html and any applicable laws and regulations at all times. You agree to display in Your Store, Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete.

10.2 Representations and Warranties

You represent and warrant that You have full power and authority under all relevant laws and regulations: (a) to offer and sell the goods and services offered at the Store, 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 at the Store; (b) to copy and display the materials used or displayed at the Store; and (c) to provide for credit card payment and delivery of goods or services as specified at the Store.

10.3 Suspension or Termination of Store

In addition to that right set forth in Sections 5.3 and 5.4, SBC Yahoo! reserves the right to terminate Your Service or refuse to host or continue to host any Store which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders or (b) has become the subject of a government complaint or investigation. Additionally, SBC Yahoo! reserves the right to review and remove any Store at any time for non-compliance with these Terms.

10.4 Merchant Information

SBC Yahoo! maintains information about You and the Store on SBC Yahoo! servers, including, but not limited to, Your Account Information, Your customer order information, sales information, and clickstream data ("Merchant Information"). You grant to SBC Yahoo! a non-exclusive, worldwide, royalty-free, perpetual license to use Merchant Information in aggregate form (i.e., in a form that is not individually attributable to You) for research, marketing, and other promotional purposes. You agree that SBC Yahoo! may disclose Merchant Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce these Terms; (d) to respond to claims that You or the Store is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of SBC Yahoo! or others; provided, however, that nothing in this Section shall impose a duty on SBC Yahoo! to make any such disclosures.

10.5 Deletion of Merchant Information

You agree that SBC Yahoo! may delete customer credit card information from SBC Yahoo! servers 14 days after You retrieve such information and may delete all other Merchant Information from SBC Yahoo! servers at the end of each calendar year.

10.6 Technical Access

You acknowledge and agree that technical processing of Merchant Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that SBC Yahoo! may access Your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

10.7 Your Privacy Policy

You agree (a) to post a privacy policy in Your Store that, at a minimum, discloses any and all uses of personal information that You collect from users; (b) to include in Your privacy policy a paragraph provided or approved by SBC Yahoo! that describes SBC Yahoo!'s collection and use of Your customer's information; (c) to provide a hypertext link to Your privacy policy on the home page of Your Store and on all pages where You collect personal information from users, including but not limited to all checkout pages; and (d) to use personal information only as expressly permitted by Your privacy policy. You agree to indemnify and defend SBC Yahoo! from and against any and all claims stemming from Your failure to comply with this provision and/or Your failure or refusal to abide by the terms and provisions of any applicable Privacy Policy(ies).

10.8 Sale and Assignment of Stores

Notwithstanding Section 17 below, You are permitted to sell Your Store to a third party, provided that all of the following occur: (a) You assign, in accordance with Section 25 below, all rights and obligations under these Terms to such third party receiving the Store; (b) You give prior written notice to SBC Yahoo!; (c) You provide to SBC Yahoo! evidence that such third party has agreed to these Terms as a permitted assignee; and (d) such third-party assignee has provided SBC Yahoo! with all information requested by SBC Yahoo! and such information is complete and accurate. Should You attempt to sell a Store or assign these Terms in violation of this Section 10.8, such attempt will be null and void, and You will remain responsible for all obligations and liabilities under these Terms, Your Store, and the Service.

11.0 SBC YAHOO! BUSINESS MAIL THIS SECTION DOES NOT APPLY TO SBC YAHOO! WEB HOSTING INTRO AND SBC YAHOO! GEOCITIES CUSTOMERS. SEE SECTION 12 BELOW

11.1 Service Description

SBC Yahoo! Business Mail allows You to register a domain name and to create web-based or pop email accounts for the purpose of sending and receiving email at the domain name registered by You. You can create email sub-accounts for Domain Email Users so that they may send and receive email with selected email addresses. You expressly agree that any violation of these Terms may result in termination of any and all email accounts, as determined in SBC Yahoo!'s sole discretion. SBC Yahoo! expressly assumes no liability for any losses incurred due to Domain Email User activities.

11.2 Domain Email Users

If You are a Domain Email User, You agree that Your use of Your email sub-account is also subject to these Terms and the Business Mail Additional Terms of Service and that Your violation of these Terms may result in termination of Your sub-account, or the entire Service, as determined in SBC Yahoo!'s sole discretion. Please note that all Domain Email Users who are assigned web-based email sub-accounts must have SBC Yahoo! IDs and are subject to these SBC Yahoo! Terms of Service and the Small Business Mail Guidelines. SBC Yahoo! expressly assumes no liability for any losses incurred by You due to Domain Email User activities. Domain Email Users who are assigned web-based email sub-accounts may use their SBC Yahoo! IDs to access SBC Yahoo! Calendar, Address Book, Briefcase, and Notepad (collectively "PIM") in conjunction with their Business Mail email account. Information residing in a Domain Email User's PIM belongs to the Domain Email User. Information residing in the separate Business Mail account belongs to You. You may edit preferences, settings, add or delete email addresses, read or send email, monitor Domain Email User behavior, and control access to certain areas on the Business Mail account.

12.0 SBC YAHOO! PERSONAL MAIL ADDRESS THIS SECTION ONLY APPLIES TO SBC YAHOO! WEB HOSTING INTRO AND SBC YAHOO! GEOCITIES PRO CUSTOMERS

SBC Yahoo! Personal Mail allows You to register Your own domain names and use those domain names to create "aliases" for Your SBC Yahoo! Personal Mail accounts. For an additional fee, if You choose to do so, You can also create sub-accounts for other SBC Yahoo! users ("Domain Email Users") for the purpose of sending and receiving email. Domain Email Users must approve the creation of these sub-accounts before they are able to send and receive email with them.

13.0 DOMAIN REGISTRATION

13.1 For SBC Yahoo! Domain Services, the Service includes assisting You in acquiring or moving a domain name (i.e., web address) as well as providing you access to certain SBC Yahoo! software to facilitate your use of the Service. If you are an SBC Yahoo! Domain Services customer and have chosen to activate the email services bundled with the Domain Services product, You may store up to 10MB of email and attached files ("Stored Data") on the system. In the event that more than 10MB of Stored Data is in Your account on the system, SBC Yahoo! may, in its sole discretion and without notice to You, (i) delete any data in excess of 10MB that is in Your account on the system and (ii) interrupt the sending and receipt of emails through Your account.

PLEASE NOTE: WITH RESPECT TO SBC YAHOO! DOMAIN SERVICE, NOTHING IN THE AGREEMENT OBLIGATES SBC YAHOO! TO LIST OR LINK TO YOUR DOMAIN NAME OR PROVIDE WEB SITE HOSTING SERVICES IN CONNECTION WITH YOUR DOMAIN NAME BEYOND THAT PROVIDED WITHIN THE SERVICE.

13.2 If You register a new domain name in conjunction with any Service, the following terms also apply:

(a) SBC 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 SBC 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, which is at the bottom of these Terms and also 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 SBC Yahoo!, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is cancelled or otherwise terminated, SBC Yahoo! will pay on Your behalf the domain registration/renewal fees as part of the Service. You agree that Your obligations to indemnify under "Indemnity" in these Terms 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.

(b) 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 You. You hereby authorize SBC Yahoo! to list itself as the billing contact, technical contact, and name server in connection with Your domain name and to take any actions SBC Yahoo! deems appropriate in those capacities. However, upon termination of the Service, SBC 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, SBC Yahoo! will not be responsible for forwarding any notices, emails, or other correspondence to You or taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing SBC Yahoo! as the billing, technical contact, and name servers in connection with Your domain name, unless SBC Yahoo! notifies You otherwise.

(c) You acknowledge that SBC Yahoo! cannot guarantee the availability of the domain name you select for your use until SBC Yahoo! receives confirmation of its order from INWW, which may take several business days.

13.3 Using a Pre-Existing Domain Name

If You have previously registered a domain name with another provider and want to use it with the Service, You must request that the existing registrar change the name servers for the domain name as designated by SBC Yahoo!, on Your behalf.

PLEASE NOTE: THE EXISTING REGISTRAR WILL CONTINUE TO BE THE REGISTRAR FOR THAT DOMAIN AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR EXISTING PROVIDER, INCLUDING RENEWAL FEES. THE FEES PAYABLE TO SBC YAHOO! FOR THE SERVICE DO NOT INCLUDE REGISTRATION OR RENEWAL FEES OWED BY YOU TO YOUR EXISTING PROVIDER.

13.4 Transferring to SBC Yahoo!'s Registrar of Record

INWW is SBC Yahoo!'s current registrar of record. If SBC Yahoo! switches to another registrar of record, SBC Yahoo! may at any time request in writing that You transfer the domain name registered for the Service to the new registrar of record. If You do not agree to this request within 30 days, You agree that SBC Yahoo! will continue to provide the Service to You, but may, in its sole discretion, either:

(a) require You to pay an additional fee to SBC Yahoo! for the Service in order to renew and maintain Your domain name with the prior registrar of record; or

(b) require You to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which case You authorize SBC Yahoo! to cease to pay for the domain name fees as part of the Service, and change the billing contact details for the domain name from SBC Yahoo! to You by providing Your applicable Account Information to the prior registrar of record.

13.5 Verifying Your Domain Name Information

In compliance with ICANN regulation and the INWW gTLD Terms and Conditions or the INWW .us Terms and Conditions, as applicable ("Required Information") and in order to minimize the risk of fraud, SBC Yahoo! may at any time request You to verify any information required to be supplied by a registrant. If You fail to respond to any such request or fail to verify any Required Information to SBC Yahoo!'s reasonable satisfaction, within 15 days of any such request from SBC Yahoo!, SBC Yahoo! may, in its sole discretion, immediately terminate Your Service and remove any of Your materials, including Your domain name, from SBC Yahoo! servers.

14.0 COMPLIANCE

14.1 You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as defined and set forth at: http://www.bxa.doc.gov/DPL/denialist.html and http://www.treas.gov/ofac. You further represent and warrant that You will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction You operate or do business. You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations, and orders, including but not limited to, tax, export, and import, embargo, and trade sanctions, intellectual property, including copyright, content, sales, mail-order, commerce, and e-commerce laws and regulations. You shall be responsible for determining what laws or regulations are applicable to Your use of the Services. You shall, upon the request of SBC Yahoo!, provide SBC Yahoo! assurance of Your compliance with those laws. You acknowledge that SBC Yahoo! exercises no control whatsoever over the content of the information passing through Your site(s) and that it is Your sole responsibility to ensure that the information You and Your users transmit and receive complies with all applicable laws and regulations and the SBC Yahoo! Policies.

14.2 You are responsible for charging and collecting from Your end user customers any and all applicable taxes. If You fail to impose and/or collect any tax from end users or Your other retail customers as required herein, then, as between SBC Yahoo! and You, You shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that You have agreed to pay or impose on and/or collect from end users or Your other retail customers, You agree to indemnify and hold harmless SBC Yahoo! for any costs incurred as a result of actions taken by the applicable taxing authority to collect the tax from SBC Yahoo! due to Your failure to pay or collect and remit such tax to such authority.

15.0 SUPPORT

SBC Yahoo! reserves the right to establish limitations on the extent of any support provided for the Service and the hours at which it is available.

16.0 INDEMNITY

You agree to indemnify and hold harmless SBC Yahoo!, and its parents, subsidiaries, affiliates, co-branders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of these Terms, including any applicable SBC Yahoo! Policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. SBC Yahoo! reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.

17.0 RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of SBC Yahoo!.

18.0 GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that SBC Yahoo! may establish general practices and limits concerning use of the Service.

19.0 MODIFICATIONS TO AND DISCONTINUATION OF SERVICE

SBC Yahoo! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SBC Yahoo! shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.

20.0 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SBC YAHOO! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

(c) THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.

(d) NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT (i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

(f) SBC YAHOO! ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

21.0 LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SBC AND YAHOO! AND THIER PARENTS, SUBSIDIARIES, AFFILIATES, CO-BRANDERS OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SBC YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.

SBC AND YAHOO!'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO SBC YAHOO! OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT SBC YAHOO! HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

22.0 NOTICE

Notices by SBC Yahoo! to You may be made via either email or regular mail. SBC Yahoo! may also provide notices of changes to these Terms or other matters by sending email, displaying notices or links to notices, or by posting material on http://sbc.yahoo.com. Notices and requests for changes in service or support by You to SBC Yahoo! must be given by calling 1-866-SBCY-WEB (1-866-722-9932) or by email to support@sbcyahoohosting.com. LEGAL NOTICES must be given by letter delivered by first class U.S. mail to SBC Yahoo!, P.O. Box 204089, Austin, Texas 78720-4089.

23.0 CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)

These Terms and the relationship between You and SBC 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 SBC Yahoo! agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California. The failure of SBC Yahoo! to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24.0 FORCE MAJEURE

Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or inaction's of SBC Yahoo!), provided that the delayed party: (a) gives the other party prompt notice of such cause and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If SBC Yahoo! is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of SBC Yahoo!.

25.0 ASSIGNMENT

Except as expressly set forth herein, You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of SBC Yahoo!, and any attempted assignment or delegation without such consent will be void. SBC Yahoo! may assign this Agreement in whole or part. SBC Yahoo! also may delegate the performance of Services to third parties, including SBC Yahoo! affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

26.0 RELATIONSHIP OF PARTIES

This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between SBC Yahoo! and You. Neither SBC Yahoo! nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.

27. NO THIRD-PARTY BENEFICIARIES

SBC Yahoo! and You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Your customers.

28. COPYRIGHTS and COPYRIGHT AGENTS

SBC Yahoo! respects the intellectual property of others, and we ask that You do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent for notice the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that You claim has been infringed;

3. a description of where the material that You claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Dan Dougherty
Copyright Agent
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-5080
By email: copyright@yahoo-inc.com

General Counsel
SBC Internet Servicesv 1010 N. St. Mary's, 14th Floor
San Antonio, TX 78215
Email: copyright@sbis.sbc.com
By Phone: (210) 246-8600
By Fax: (210) 246-8699

29.0 INTEGRATION AND SEVERABILITY

These Terms constitute the entire agreement between You and SBC Yahoo! and govern Your use of the Service, superceding any prior agreements between You and SBC Yahoo! (including, but not limited to, any prior versions of these Terms) pertaining to this Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or other SBC Yahoo! services, third-party content, or third-party software. If any provision of these Terms or incorporated documents are 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 these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

30.0 SURVIVAL

The provisions of Sections 3, 4, 5.6, 5.7, 5.8, 7, 8, 9, 10.1, 10.2, 10.4, 10.5, 10.7, 10.8, and 11 through this Section 30 will survive any termination or expiration of these Terms.