Welcome to AOL Australia. "AOL Australia" is a network of websites that is operated by AOL Australia Pty Limited (ABN 56 074 720 460) ("AOL") and its affiliates, together the "AOL Companies". AOL offers you the software, content and services of AOL Australia (the "Services") on the condition that you agree to accept and comply with the following terms.

As set out below, by your affirmative act of registering, accessing or using the Services, you signify electronically that you agree to the following terms and conditions (the "Terms of Service") that govern your use of the Services.

These Terms of Service explain how the agreement between you and AOL is formed and sets out the terms of that agreement.

It is important that you note that it is our policy to respond to notices of alleged copyright infringement and to take appropriate action, including the termination of the accounts of infringers.

Please Read These Terms of Service carefully

These Terms of Service set out the legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the AOL Australia websites) or you are a "Member" (which means that you have registered with AOL Australia). The term "User" refers to a Visitor or a Member.

You are only authorised to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and by the agreement that is formed between us as set out below.

When your acceptance of these Terms of Service reaches our servers through your affirmative act of registering, accessing or using the Services, a binding agreement (the "Agreement") is made electronically between you and AOL Australia Pty Limited (ABN 56 074 720 460), a company incorporated in New South Wales and with its principal place of business at Level 6, 107 Pitt Street, Sydney NSW 2000, Australia ("AOL", "we", "our" or "us").

The Agreement between you and us will be governed by the law of the State or Territory of Australia in which you normally reside. If you are not a resident of Australia, the Agreement between you and us will be governed by the law of New South Wales.

Please read this Agreement carefully and save it.

You must be of legal age and capacity to enter into agreements. You must not be a person barred from receiving Services under the laws of New South Wales or other applicable jurisdiction.

If you do not agree to these Terms of Service, or if you are not legally competent to enter into an agreement, you must immediately stop your use of the Services by leaving the AOL Australia website.

1. About the Services

1.1 The Services are provided by the AOL Companies. The Services consist of websites and offerings (including, but not limited to, AIM and AOL Mail) and other content and offerings. Some "Content" (which we define in clause 13 below) on the Services (including entertainment, information, music, shopping and rewards Services), may be supplied by our "Content Partners", who are not AOL Companies. Also, the defined term Content includes "User Generated Content", which we also define in clause 13 below.

1.2 You understand that the Services are constantly evolving. We may change, replace or discontinue any aspect of any Service at any time, without notice, and without liability to you or any third party.

1.3 The Services are hosted in Australia.

2. Registration

2.1 Certain features such as e-mail and AOL Instant Messenger may require that you register with us and obtain an individual "Screen Name" and password so that you can log into the specific Service as a Member. Each registration is for a single individual User only.

2.2 You may not register a Screen Name that we, in our sole discretion, determine to be unacceptable, including Screen Names that are vulgar, attempts to impersonate another person or violates the law or the rights of others. If we receive notice that your Screen Name infringes the trade mark or other rights of any third party we reserve the right to require you to change your Screen Name or we may terminate or suspend your account at any time without notice.

2.3 When you register, you must provide complete and accurate registration information about yourself. You agree to keep this information up-to-date. You are fully responsible for all use under your account, including the use of your account by others, and you agree to keep your password confidential.

3. Children

3.1 The Services are intended for general audiences. Parents and guardians who permit children (by which we mean people under the age of 18) for whom they are responsible to use the Services should supervise their use of the Services. Parents and guardians will be responsible for their children's use of the Services and adherence to this Agreement and it is also the responsibility of parents and guardians to ensure that the Content that their children may encounter on the Services is suitable for those children. That Content may not specifically be intended to be accessed by children.

3.2 AOL works to improve Internet safety for children. If you are concerned about unsuitable content and online safety of children, please visit www.iia.net.au for information on Family Friendly Filters and other measures to enhance the online environment for children.

3.3 Under the Broadcasting Services Act 1992, you have a right to make a complaint to the Australian Media and Communications Authority ("ACMA") about certain prohibited content or potential prohibited content which in summary, is Internet content that falls within the classifications RC ('refused classification'), X 18+ or R18+ for content other than eligible electronic publications, or Internet content that falls within the classifications RC, Category 2 Restricted or Category 1 Restricted for eligible electronic publications.

For more information visit www.acma.gov.au.

4. Usage Limits

We may impose usage limits on the Services to optimize capacity for the benefit of all our Users. These restrictions may include limits on storing, uploading or downloading any data. Your access to Services may "time out" if you are inactive while using a particular Service.

5. Changes to the Terms of Service

You agree that we may change these Terms of Service and therefore our Agreement from time to time. We will post the updated Terms of Service at http://www.aol.com.au/ and they will take effect immediately or on a date which is nominated in the posting. Your ongoing use of the Services after the changes take effect signifies your agreement to the updated Terms of Service and our updated Agreement. You are responsible for checking these Terms of Service regularly for changes. If you disagree with changes that are made to the Terms of Service, you may terminate this Agreement as provided in clause 21, below.

6. Supplemental Terms

6.1 Certain Services may have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of the particular Service and supplement these Terms of Service (Supplemental Terms). These will be set out either in this document or within the Service itself.

6.3 If you are a Member logged in under your Screen Name, you may access the websites of third parties, including our Content Partners. We are not responsible for the Content or dealings that you may have with a any third party when you use your screen name to access their websites and offerings of service. Your remedies are solely with the third party.

7. Personal Information, Data Protection

7.1 Our Privacy Policy explains the practices that apply to your personal information when you use the Services. If we propose to use or disclose your personal information in a way which is not covered by our current Privacy Policy, we will tell you about the proposed use or disclosure at the time we collect the relevant information. A copy of our Privacy Policy may be obtained at www.aol.com.au/global/privacy/.You consent to the transfer of your personal information within Australia and to India, the United States of America and such other countries as we may specify from time to time (at www.aol.com.au) for the purposes of processing and storage or to provide a product or service you have requested. Additionally, you agree that we may use your Screen Name to authenticate you on any service provided by us.

7.2 We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request and we reserve the right to comply with any applicable law or regulation, legal process or lawful governmental (or governmental agency) request to disclose any Content or the identity or other information about anyone posting materials.

8. Inactive Status

If you are a Member, we may deactivate without notice your Screen Name and account if you have not used the Services for more than 90 days. You must use your account regularly, such as by logging into the Services, in order to keep your Member registration active. If we deactivate your Screen Name, we have the right to reassign that Screen Name to another Member.

9. User conduct
1. You must use the Services for lawful purposes only.
2. You must not access or use the Services in any way that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
3. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, or tortious;
4. provides gratuitous, exploitative or offensive depictions of violence, sexual violence, or fantasies which are offensive or abhorrent, or which provides explicit or graphic descriptions or depictions of sexual acts or fetishes;
5. provides detailed instruction in the use of proscribed drugs or material promoting or encouraging proscribed drug use;
6. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
7. impersonates any person, business or entity, including us and our employees and agents;
8. attempts to exploit a minor;
9. promotes, incites or instructs in criminal activity or violence, or in conduct that gives rise to civil liability;
10. advocates the doing of a terrorist act;
11. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network;
12. violates these Terms of Service, Supplemental Terms, guidelines or any policy posted on the Services;
13. interferes with the use of the Services by others; or
14. could damage, disable or impair our servers or networks.
3. You may not attempt to gain unauthorised access to the Services, Member accounts, computer systems or networks, through hacking, password mining or any other means.
4. Your use of the Services is personal to you and should not be used for commercial purposes.
10. E-mail Accounts

10.1 If you are a Member with a free email service with us, then the following applies to you. You must use your email account at least every 90 days to keep it active.

10.2 You are solely responsible for backing up and archiving any important email. We reserve the right to cancel any free e-mail account that is inactive for more than 90 days, and any data (such as sent and received emails and their attachments) on a deactivated account cannot be retrieved later.

10.3 We do not guarantee transmission or receipt of any e-mail.

11. No Unsolicited E-Mail or Spam

11.1 The Spam Act 2003 prohibits the sending of Spam. "Spam" is a commercial electronic message sent without the consent of the person who receives the message via email, short message service (SMS), multimedia message service (MMS) or instant messaging. You may not use the Services or our communication tools to transmit, directly or indirectly, Spam or bulk communications that include Spam.

11.2 You may not harvest information about our Users for the purpose of sending, or to facilitate the sending, of Spam. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or transmission through the Services. You may not allow others to use your account to violate the terms of this section or any applicable law or regulation that govern unsolicited communications.

11.3 We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent Spam from entering, utilising, or remaining within our computer or communications networks.

12. Access Costs

12.1 You must provide at your own expense the equipment and Internet connection that you will need to access the Services. You are responsible for checking with your Internet service provider to determine all costs that you may incur in accessing the Internet and the Services.

13. Content You Post to Public Areas - User Generated Content

13.1 In these Terms of Service, we use the term "Content" to mean material such as text, software, images, audio and video, including links to that material. Certain areas of the Services may allow you to submit or post Content that can be accessed and viewed by others, including the Internet audience in general ("User Generated Content"). You may not submit User Generated Content on or through the Services that you do not have a right to make available under any law or other obligation including, but not limited to, copyright material. Please see Clause 29 of this Agreement (hyperlink) concerning copyright material.

13.2 You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users.

13.3 You may not submit User Generated Content that violates these Terms of Service. We do not claim ownership of any User Generated Content that you may post. However, by submitting User Generated Content to the Services, you grant us, our affiliates and distributors a royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide in any medium.

14. No Warranties on Content

14.1 The Content and information on or through the Services are provided "as is". You use the Content and information at your own risk. We make no warranties, express or implied, as to the content, accuracy, conformity to applicable laws of material made available on the Services. We have no duty to monitor or pre-screen Content. However, we reserve the right to monitor or review the services and may, in our sole discretion, delete, modify, refuse to post or remove (without notice) any Content, in whole or part, for any reason or no reason. If at any time we choose in our sole discretion to review or monitor the Services, we nonetheless assume no responsibility for the Content, and no obligation to modify or remove any inappropriate Content.

14.2 We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. All Content on the Services is offered for general information or use only. The Content does not constitute advice and should not be relied upon in making any decision.

15. Content You May Use

15.1 We, our affiliates and Content Partners, and our other Users who lawfully post Content on the Services own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. You understand and agree that a violation of these proprietary rights may subject you to civil and criminal penalties.

15.2 Provided that You comply with these Terms of Service, we offer You a limited right to view and listen to the Content for personal, non-commercial purposes.

15.3 All information, text, material, graphics, software and advertisements on AOL Australia are copyright of AOL Companies, its Content Partners or other suppliers unless expressly indicated otherwise on AOL Australia. The Content is protected by Australian and international copyright and trademark laws. Content on AOL Australia is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on AOL Australia or expressly authorised in writing by us.

15.4 The rights we give you may not be transferred, assigned or sublicensed. We may revoke these rights at any time without notice to you if you violate these Terms of Service.

15.5 You must not:
• download, save, communicate, broadcast, distribute or otherwise make unauthorized copies or derivative works of any Content;
• use any technologies to violate these Terms of Service; or
• circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.



15.6 Any Content that we or our Content Partners expressly offer for download on the Service, such as photos and music, are for personal use only and will be subject to additional usage rules that supplement these Terms of Service.

16. Advertisers

16.1 Any dealings that you have with advertisers found on the Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. The advertisers who submit material for use on the Services are solely responsible for ensuring that their materials comply with applicable Australian and international laws and other obligations.

16.2 The advertisements (including banner ads and pop-up advertisements) may contain embedded hyperlinks or include referral buttons to websites operated by third parties or their licensees or contractors. All advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant advertisers and are not recommendations or endorsements by AOL Companies or our Content Partners.

16.3 In some instances, advertisements may contain representations or offers by the advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by the AOL Companies or our Content Providers, and the advertiser is solely responsible to you for the delivery of any goods or Services you purchase on the third party website.

17. Software

17.1 We may provide you with software to use with the Services ("Software"). Such Software will be subject to the terms of the licence agreement that accompanies the Software. If there is no licence agreement presented to you with the Software, then we grant you a personal, non-exclusive, non-transferable, limited licence to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us.

17.2 You may not:
• sell or redistribute the Software;
• incorporate it or any portion of it into another product;
• reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law); or
• modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software.



17.3 You may access certain Services only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph.

17.4 We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.

17.5 Your licence will end on the date you cease using the Services. Your licence will also end if we modify the Services in a way that no longer supports the Software. We may disable the Software after the date the Services end.

18. Support Services

We are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.

19. We Do Not Warrant or Guarantee the Services

19.1 Except as provided for by the Non-excludable Rights as defined in clause 20.1 of this Agreement, the AOL Companies provide the Services "as is", "with all faults" and "as available". The AOL Companies make no express warranties or guarantees about the Services. To the maximum extent permitted by law, the AOL Companies' disclaim implied warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. The AOL Companies do not warrant that the functions in any Content or access to Services will be uninterrupted or error-free or the server which stores and transmits Content to you is free of harmful components including viruses.

19.2 The AOL Companies make no warranty or guarantee that:

1. the Services or their Content will meet your requirements,
2. any specific results from your use of the Services will be accurate or reliable,
3. the Services or their Content will meet your expectations, or be reliable or accurate, or
4. any errors in the software will be corrected.

19.3 The AOL Companies are not liable for the deletion, corruption or failure to store or transmit any e-mail message or other Content. The AOL Companies will not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control. No oral or written information or advice given by an AOL Companies representative shall create a warranty.

19.4 We do not warrant that the Content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

19.5 The Services are consumer Services and not designed to be used by Users in connection with the conduct of their, or their employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.

20. Limitation of Liability

20.1 The Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to our provision of Services which cannot be excluded or restricted (Non-excludable Rights). The AOL Companies do not exclude any Non-excludable Rights but do exclude all other conditions and warranties implied by custom, law or statute.

20.2 To the maximum extent permitted by law, liability for breach by AOL Companies of any implied warranty or condition which cannot be excluded in relation to the supply of Services is limited, at the option of the AOL Companies, to:

1. the supply of Services again, or
2. the cost of having the Services supplied again.

20.3 Your exclusive remedy regarding any Software provided by the AOL Companies shall be the replacement of any such software found to be defective.

20.4 To the maximum extent permitted by law, the AOL Companies, our Content Partners and distributors shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of the Services or inability to use the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, loss of data or e-mail transmissions, computer failure or malfunction, or any other commercial damages or losses, even if the AOL Companies and our Content Partners and distributors knew or should have known of the possibility of such damages.

20.5 To the maximum extent permitted by law and without limiting the above clause 20.4, the liability of AOL under or in connection with these Terms of Service or your use of the Services (whether arising in negligence or otherwise) shall be nil, regardless of the cause or form of action.

21. Termination

21.1 We may terminate or suspend your access to the Services or your account at any time, without cause and/or without notice.

21.2 We may terminate and/or suspend your account or Screen Name immediately, without notice, if there has been a violation of these Terms of Service or Supplemental Terms, if your account has been deactivated for inactivity (see the "Inactive Status" Clause 8 above). Your right to use the Services will end once your Services are terminated, and any data you have stored on such a Service may be unavailable after that time.

21.3 You may terminate this Agreement by discontinuing your use of the Services, or alternatively contact us by sending an email to cancelaccount@aol.com.au from your email address.

21.4 In the event of termination, you are no longer authorised to access the Services, but all licences granted by you and all disclaimers and limitations of liability set out in these Terms of Use will survive.

22. Indemnification

22.1 Upon a request by us, you agree to defend, indemnify, and hold harmless the AOL Companies and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees that arise from your use or misuse of the Services arising out of the Content you submit, e-mail, transmit or make available through the Services, your violation of these Terms of Service, or your violation of any rights of another User of the Services. You recognise that in many jurisdictions, publishing of certain type of material invites criminal and/or civil sanctions. You agree to hold harmless AOL for any liabilities, claims, loss (including consequential loss) or damage incurred as a result of your reliance on any Content.

22.2 We reserve the right, at our own expense, but we are not obliged to, assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

23. Complying with the Law

You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You are solely responsible for complying with the laws of your location where you access or use the Services.

24. Electronic Contracting and Notices

You understand and agree that we are an online business and that we transact with our Users electronically and not in paper form. Your affirmative act of accessing, using or registering for the Services signifies your acceptance of our terms and your agreement to transact with us electronically. Your affirmative act of registering with us and clicking your acceptance to our terms constitutes your acceptance and electronic signature to these Terms of Service. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices:

1. to the e-mail address that you provided to us during registration;
2. to any e-mail account you open with a Service; or
3. by posting the Notice on the applicable Service.
25. Entire Agreement

These Terms of Service contain the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.

26. Choice of Law and Location for Resolving Disputes

You understand and agree that you are contracting with AOL Australia Pty Limited. You understand that the law of the State or Territory in which you reside govern the interpretation of these Terms of Service and apply to claims for breach of these Terms of Service. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising out of these Terms of Service.

27. Relationship

These Terms of Service or your use of the Services does not create any joint venture, partnership, employment or agency relationship between us, the AOL Companies, and you. You agree that these Terms of Service are not intended to confer and does not confer any rights or remedies from us upon any person other than you.

28. Assignment

We may assign this Agreement to any third party, which is to provide the Services (or part of the Services) at any time without notice to you. You may not assign this Agreement to any one else.

29. Copyright Infringement

29.1 AOL respects the copyright work of others, and we ask our Users to do the same. Copyright work may include, but is not limited to, music, video, text, drawings, pictures and images. It is a breach of the laws of Australia and elsewhere if you upload, distribute or make available on the Service copyright material without the authority of the owner of the copyright material. We may suspend or terminate the accounts of Users who we reasonably believe may be infringers of copyright.

29.2 If you reasonably 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 AOL Australia's Copyright Office with the following information:

1. an electronic or physical signature of the person authorised 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 authorised by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the information in your correspondence to us 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.

You may lodge a notice of claim of copyright or other intellectual property infringement as follows:

By mail:
Copyright Office
AOL Australia Pty Ltd
Level 6
107 Pitt Street
Sydney NSW 2000
AUSTRALIA

By Email:

copyright@aol.com.au

Last Updated: 6 February 2008

Trademarks

AOL, the AOL Logo, and all other names and logos identifying AOL's products and services, such as AIM, MAPQUEST, TRUVEO and WINAMP, are trademarks or service marks of AOL LLC or its affiliates. All other trademarks and service marks are the property of their respective owners. Generally, AOL's trademarks may not be used without AOL's express written permission. Limited fair use of AOL's trademarks for the purpose of identifying or describing AOL's products may be made without permission provided that standard trademark usage practice is followed.