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Here is the stuff we have to tell you. Please read it so you know what you're getting into. Look at it as good practice at reading legal documents. We've even given you a plain English version first.
Plain English Version
First of all, please abide by AOL's Terms of Service for AOL Instant Messenger™, located at www.aim.com/tos/tos.adp.
Secondly, please respect others on the system. Here are the main points:
Secondly, please respect others on the system. Here are the main points:
- By use of this site or AIMMachine, you agree to these Terms and Conditions in full.
- Don't use DM's and AIMMachine for slander or hatemongering. Monging in general is usually bad, but hatemongering just isn't cool.
- Do not use the system to spread malicious code, trojans, viruses, spam, malware, adware, spyware, and all those other undesirable wares.
- Use of AIMMachine is at your own risk.
- AIMMachine is offered "as-is" and without warranty. Penguin and Penguin can't be held responsible for AOL server downtime or any malfunctions with AOL® Instant Messenger™. AIM is controlled solely by AOL.
- AOL® Instant Messenger™, America Online®, and other trademarked and reserved names mentioned on this site are the property of America Online®. We at Penguin and Penguin make no claim to the names, icons, or other intellectual property of AOL® Instant Messenger™. In other words, we don't want to steal AOL's stuff.
- Penguin and Penguin also can't be held responsible for how users make use of AIMMachine. Please use it wisely.
Full Terms of Use
By using this site, the AIMMachine service (hereinafter referred to as the "Service"), or any other site owned and operated by Penguin and Penguin (hereinafter referred to as the "Provider"), you the user (hereinafter referred to as the "User") agree to be bound legally and completely by these terms of use. If you as the User do not fully agree to these Terms of Service, please immediately discontinue all use of this site and the Service by exiting now. Each subsequent return to the websites operated by the Provider will constitute User's renewal of agreement to these Terms of Use. When using particular materials or services provided on this site, User will become subject to any posted guidelines or rules specific to those services and in addition to those contained in these Terms of Use.
LIMITATION OF LIABILITY
The Service, created and offered by the Provider, is offered to the User without warranty, "as available" and "as is". The Provider makes no legal claim or statement as to the stability, security, usability, or quality of the Service. BY USING THE SITE WWW.AIMMACHINE.COM OR THE SERVICE IN ANY CAPACITY, USER AGREES TO HOLD PROVIDER HARMLESS OF ALL LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, PERSONAL LOSS, OR DAMAGE TO REPUTATION OF ANY KIND. In any jurisdiction whose laws may prevent a limitation of liability, the Provider's liability will be limited to the extent permitted by law and its financial liability will be limited to the the total yearly cost of the Service to the User as provided by the Provider, according to the price appearing on Provider's website. If any part of these Terms of Service is not enforceable, the remaining provisions shall remain valid and enforceable.
"America Online"® and "AOL"®, are registered names and belong to America Online. "Instant Messenger"™ is trademarked by America Online and is the intellectual property of America Online Incorporated. The Provider and AIMMachine make no claim to these names whatsoever. For more information visit www.aim.com and www.aol.com.
CREDIT CARD SALE INFORMATION
All sales made by Provider are final. Charges made on Provider's websites (e.g. AIMMachine.com) will appear under "Penguin and Penguin" on User's credit card statement.
NO RESPONSIBILITY FOR ACCURACY OF INFORMATION
The Provider makes no claim to the accuracy or reliability of the information contained within this site or of any information transferred by the Service or any services Provider offers.
PROVIDER MAY SEND EMAIL NOTICES TO USER
From time to time, Provider may elect to send email notices to Users of the Service who have willingly provided their email addresses to us. The Provider will not use these notices for messages impertinent to the Service and will not send malicious or excessive messages. Email notices may also include reminders about the status of User's account, including but not limited to payment status, activation status, or other information deemed relevant by the Provider.
EXTERNAL LINKS TO THIRD PARTY SITES
The Provider makes no guarantee of any kind regarding any hyperlinks located on www.aimmachine.com that point to sites other than www.aimmachine.com. The content of these third-party sites is the sole responsibility of their respective managements, and cannot be regulated or controlled in any way by the Provider. The Provider makes no claim to the accuracy, reliability, legality, safety, usability or appropriateness of these third-party sites, and the existence of a hyperlink on the Provider's website does not necessarily imply endorsement of that third party or any party, company or entity affiliated with it. The User visits and uses these sites entirely at his or her own risk.
CHOICE OF LAW AND FORUM
These Terms of Service will be governed and interpreted by the laws and statutes of the State of New York. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or User's use of this site shall be filed only in the state or federal courts located in the State of New York, and you the User further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SLANDER AND HATEFUL PROPAGANDA PROHIBITED
The User must respect the rights of others at all times when using the Service. The Service may not be used to spread hateful propaganda, incite unlawful behavior of any kind according to the laws of the United States or any other country that may be involved in the discourse concerned, including riots, terrorist acts, or any other kind of assembly or action deemed unlawful by law. By engaging in such activities User leaves himself or herself open to legal action.
SPREADING OF MALICIOUS CODE OR SPYWARE PROHIBITED
Use of the Service to spread, create or otherwise distribute malicious code, including but not limited to viruses, trojans, worms, malware, spyware, adware, or other computer applications of any kind deemed harmful to the stability or security of the recipient's computer, of any server that may be involved in the exchange, or of any other computer system, is strictly prohibited. Additionally, any type of Denial of Service (DoS) attacks or other attempts to disable, impair or otherwise compromise any server or computer running the Service is prohibited and will not be tolerated. By engaging in such activities User leaves himself or herself open to legal action.
USER HOLDS ALL RESPONSIBILITY FOR USE OF THE SERVICE
The User holds sole responsibility for his or her use of the Service, and Provider will not be held responsible in any way whatsoever for User's use of the Service.
PRICING, TERMS AND SERVICE SUBJECT TO CHANGE AT ANY TIME
The Provider reserves the right to suspend, discontinue or otherwise alter these Terms of Service, the price of the Service, and the Service itself in any way at any time without notice to User. Provider will attempt to update users on certain changes affecting the Service by posting news and information on the website or by emailing users, but has no legal obligation whatsoever to do so.
PROVIDER NOT RESPONSIBLE FOR AMERICA ONLINE SERVICE
The Provider has no control whatsoever over the stability, integrity, security, pricing or reliability of any America Online service and will not be held responsible for AOL server downtime, malfunctions, denial of service, or loss or damage of any kind resulting from America Online services or lack thereof.
USER HAS NO CLAIM TO AIMMACHINE SERVICE
The User agrees that use of or involvement in the Service does not in any way entitle the User to financial claim or any other kind of right to the Service, which is solely owned and operated by the Provider. During use of any sites operated by the Provider, Users may come into contact with material that is the intellectual property of the Provider. You agree that all such material is the sole intellectual property of the Provider and that you have no right, title, or privilege whatsoever to any of this information. All content on this site is copyrighted by the Provider (Penguin and Penguin) and User agrees to abide by all copyright, patent, trademark, and other applicable laws. User may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from Provider's site(s) (or any information substantially similar to Provider's site(s)) in any form or by any means without prior written permission from the Provider.
PROSECUTION OF THE SERVICE
At the present time, no preference is given in the Service to certain Delayed Messages over others. All DMs attempting to be sent are sent as users sign on. User holds no legal right to dispute the prosecution of the Service as the Provider has chosen to make it available.
YOU THE USER AGREE THAT THE PROVIDER WILL NOT IN ANY WAY BE HELD RESPONSIBLE FOR ANY VIOLATION OF THE TERMS OF SERVICE OUTLINED ABOVE, INCLUDING BUT NOT LIMITED TO TRANSMITTAL OF MALICIOUS CODE AS DESCRIBED ABOVE, PROPAGATION OF HATEFUL PROPAGANDA AS DESCRIBED ABOVE, OR DAMAGES OF ANY KIND CAUSED BY THE INDIVIDUAL USER OR AGENT. THE USER, WHEN TAKING ADVANTAGE OF THE SERVICE, ASSUMES ALL RISK TO SELF AND ASSETS FINANCIAL OR OTHERWISE.
ANY USE OF THE SITES OPERATED BY THE PROVIDER, THE SERVICE, OR ANY SERVICES PROVIDED BY PENGUIN AND PENGUIN BY THE USER IMPLIES USER'S AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN, WHICH WILL BE IN FULL EFFECT.
LIMITATION OF LIABILITY
The Service, created and offered by the Provider, is offered to the User without warranty, "as available" and "as is". The Provider makes no legal claim or statement as to the stability, security, usability, or quality of the Service. BY USING THE SITE WWW.AIMMACHINE.COM OR THE SERVICE IN ANY CAPACITY, USER AGREES TO HOLD PROVIDER HARMLESS OF ALL LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, PERSONAL LOSS, OR DAMAGE TO REPUTATION OF ANY KIND. In any jurisdiction whose laws may prevent a limitation of liability, the Provider's liability will be limited to the extent permitted by law and its financial liability will be limited to the the total yearly cost of the Service to the User as provided by the Provider, according to the price appearing on Provider's website. If any part of these Terms of Service is not enforceable, the remaining provisions shall remain valid and enforceable.
"America Online"® and "AOL"®, are registered names and belong to America Online. "Instant Messenger"™ is trademarked by America Online and is the intellectual property of America Online Incorporated. The Provider and AIMMachine make no claim to these names whatsoever. For more information visit www.aim.com and www.aol.com.
CREDIT CARD SALE INFORMATION
All sales made by Provider are final. Charges made on Provider's websites (e.g. AIMMachine.com) will appear under "Penguin and Penguin" on User's credit card statement.
NO RESPONSIBILITY FOR ACCURACY OF INFORMATION
The Provider makes no claim to the accuracy or reliability of the information contained within this site or of any information transferred by the Service or any services Provider offers.
PROVIDER MAY SEND EMAIL NOTICES TO USER
From time to time, Provider may elect to send email notices to Users of the Service who have willingly provided their email addresses to us. The Provider will not use these notices for messages impertinent to the Service and will not send malicious or excessive messages. Email notices may also include reminders about the status of User's account, including but not limited to payment status, activation status, or other information deemed relevant by the Provider.
EXTERNAL LINKS TO THIRD PARTY SITES
The Provider makes no guarantee of any kind regarding any hyperlinks located on www.aimmachine.com that point to sites other than www.aimmachine.com. The content of these third-party sites is the sole responsibility of their respective managements, and cannot be regulated or controlled in any way by the Provider. The Provider makes no claim to the accuracy, reliability, legality, safety, usability or appropriateness of these third-party sites, and the existence of a hyperlink on the Provider's website does not necessarily imply endorsement of that third party or any party, company or entity affiliated with it. The User visits and uses these sites entirely at his or her own risk.
CHOICE OF LAW AND FORUM
These Terms of Service will be governed and interpreted by the laws and statutes of the State of New York. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or User's use of this site shall be filed only in the state or federal courts located in the State of New York, and you the User further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SLANDER AND HATEFUL PROPAGANDA PROHIBITED
The User must respect the rights of others at all times when using the Service. The Service may not be used to spread hateful propaganda, incite unlawful behavior of any kind according to the laws of the United States or any other country that may be involved in the discourse concerned, including riots, terrorist acts, or any other kind of assembly or action deemed unlawful by law. By engaging in such activities User leaves himself or herself open to legal action.
SPREADING OF MALICIOUS CODE OR SPYWARE PROHIBITED
Use of the Service to spread, create or otherwise distribute malicious code, including but not limited to viruses, trojans, worms, malware, spyware, adware, or other computer applications of any kind deemed harmful to the stability or security of the recipient's computer, of any server that may be involved in the exchange, or of any other computer system, is strictly prohibited. Additionally, any type of Denial of Service (DoS) attacks or other attempts to disable, impair or otherwise compromise any server or computer running the Service is prohibited and will not be tolerated. By engaging in such activities User leaves himself or herself open to legal action.
USER HOLDS ALL RESPONSIBILITY FOR USE OF THE SERVICE
The User holds sole responsibility for his or her use of the Service, and Provider will not be held responsible in any way whatsoever for User's use of the Service.
PRICING, TERMS AND SERVICE SUBJECT TO CHANGE AT ANY TIME
The Provider reserves the right to suspend, discontinue or otherwise alter these Terms of Service, the price of the Service, and the Service itself in any way at any time without notice to User. Provider will attempt to update users on certain changes affecting the Service by posting news and information on the website or by emailing users, but has no legal obligation whatsoever to do so.
PROVIDER NOT RESPONSIBLE FOR AMERICA ONLINE SERVICE
The Provider has no control whatsoever over the stability, integrity, security, pricing or reliability of any America Online service and will not be held responsible for AOL server downtime, malfunctions, denial of service, or loss or damage of any kind resulting from America Online services or lack thereof.
USER HAS NO CLAIM TO AIMMACHINE SERVICE
The User agrees that use of or involvement in the Service does not in any way entitle the User to financial claim or any other kind of right to the Service, which is solely owned and operated by the Provider. During use of any sites operated by the Provider, Users may come into contact with material that is the intellectual property of the Provider. You agree that all such material is the sole intellectual property of the Provider and that you have no right, title, or privilege whatsoever to any of this information. All content on this site is copyrighted by the Provider (Penguin and Penguin) and User agrees to abide by all copyright, patent, trademark, and other applicable laws. User may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from Provider's site(s) (or any information substantially similar to Provider's site(s)) in any form or by any means without prior written permission from the Provider.
PROSECUTION OF THE SERVICE
At the present time, no preference is given in the Service to certain Delayed Messages over others. All DMs attempting to be sent are sent as users sign on. User holds no legal right to dispute the prosecution of the Service as the Provider has chosen to make it available.
YOU THE USER AGREE THAT THE PROVIDER WILL NOT IN ANY WAY BE HELD RESPONSIBLE FOR ANY VIOLATION OF THE TERMS OF SERVICE OUTLINED ABOVE, INCLUDING BUT NOT LIMITED TO TRANSMITTAL OF MALICIOUS CODE AS DESCRIBED ABOVE, PROPAGATION OF HATEFUL PROPAGANDA AS DESCRIBED ABOVE, OR DAMAGES OF ANY KIND CAUSED BY THE INDIVIDUAL USER OR AGENT. THE USER, WHEN TAKING ADVANTAGE OF THE SERVICE, ASSUMES ALL RISK TO SELF AND ASSETS FINANCIAL OR OTHERWISE.
ANY USE OF THE SITES OPERATED BY THE PROVIDER, THE SERVICE, OR ANY SERVICES PROVIDED BY PENGUIN AND PENGUIN BY THE USER IMPLIES USER'S AGREEMENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN, WHICH WILL BE IN FULL EFFECT.
AIMMachine site and its contents ©2008 Penguin & Penguin, except where otherwise noted.
