Yahoo! Web Hosting Terms of Service
1.0 ACCEPTANCE OF TERMS
2.0 DESCRIPTION OF SERVICE
The Service provides Yahoo! users with access to a rich collection of on-line resources, including the ability to register or transfer their own domain and to host a complete website hosting service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Yahoo! Web Hosting resources, shall be subject to this TOS. 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 service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3.0 DOMAIN REGISTRATION
3.1 New Domain Registration
If you register a new domain name in conjunction with the Service, the following terms also apply:
- (a) Certain of the services that You purchase or receive from Yahoo! may be provided by one or more vendors, contractors, or affiliates selected by Yahoo! in its sole discretion. Yahoo! has chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar for .com, .net, .org, .biz, .info and .us domain names, to provide domain name registration services. You hereby authorize Yahoo! to acquire your selected domain name from INWW. In order to receive a domain name, you must agree to INWW's terms and conditions located at http://www.melbourneit.com.au/policies/tldtermcond.php3 for .com, .net, .org, .biz and .info domain names and http://www.melbourneit.com.au/policies/uspolicy.php3 for .us domain names, as may be amended. You understand that you are creating a separate contractual relationship between you and INWW, and that you, and not Yahoo!, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is cancelled or otherwise terminated, 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 this TOS (Section 14) 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 TOS in addition to You. You hereby authorize Yahoo! to list Yahoo! as the billing contact, technical contact, and name server in connection with Your domain name and to take any actions Yahoo! deems appropriate in those capacities. However, upon termination of the Service, Yahoo! may immediately cease acting in those capacities and reserves the right to transfer Your account to INWW for collection of past-due amounts. In the event of such transfer, You authorize INWW to serve as the billing contact, technical contact, and name server in connection with Your domain name, and to take any actions the INWW deems appropriate in those capacities. Upon termination of the Service, Yahoo! will not be responsible 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 Yahoo! as the billing, technical contact, and name servers in connection with Your domain name, unless Yahoo! notifies You otherwise.
3.2 Using a Preexisting Domain Name
If you choose to use a domain name under the Service that you have already registered with another provider, you must request that the original registrar change the name servers for the domain name as designated by Yahoo!, on your behalf.
PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME UNDER THE SERVICE THAT YOU HAVE ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO YAHOO! FOR THE SERVICE DO NOT INCLUDE REGISTRATION FEES OWED BY YOU TO YOUR PRIOR PROVIDER, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR CURRENT PROVIDER, INCLUDING RENEWAL FEES. ADDITIONALLY, IF YOU CHOOSE TO USE A DOMAIN NAME PREVIOUSLY REGISTERED THROUGH VERISIGN/NETWORK SOLUTIONS, YOU HEREBY AUTHORIZE YAHOO! TO SUBMIT A REQUEST TO VERISIGN/NETWORK SOLUTIONS TO CHANGE THE NAME SERVERS AND/OR TECHNICAL CONTACT TO YAHOO! ON YOUR BEHALF. SUCH REQUEST BY YAHOO! WILL NOT BE FINALIZED UNTIL YOU PROVIDE AUTHORIZATION TO VERISIGN/NETWORK SOLUTIONS.
3.3 Expired Domains
Should Your Service be terminated, and You let Your domain registration lapse, Your registration will expire and Yahoo! may, at our discretion, elect to assume the registration for our own account, delete it, or sell it to a third party. You acknowledge and agree that Your right and interest in a domain name ceases upon its expiration, and that any expired domain name may be made available for registration by a third party.
4.0 REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information to be considered part of the "Registration Data" as defined in section 5 below) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from Yahoo!, such as service announcements, administrative messages and the Yahoo! Newsletter, and that these communications are considered part of Yahoo! membership and you will not be able to opt out of receiving them.
5.0 YAHOO! ID AND YAHOO! WALLET REQUIREMENT
In order to use the Service, you must have a valid Yahoo! ID and have agreed to the Yahoo! Terms of Service found at http://docs.yahoo.com/info/terms/. You must also have a Yahoo! Wallet, which will save your credit card, billing and shipping information and other information ("Registration Data"). If you do not have a Yahoo! ID or a Yahoo! Wallet, and wish to purchase the Service, you will be prompted to complete the registration prior to purchase.
6.0 PAYMENT TERMS
6.1 MONTHLY BILLING
The credit card that you provide as part of your Registration Data for Yahoo! Wallet will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Yahoo! gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable.
6.2 SETUP FEE
When you register for the Service you will be charged a one-time non-refundable set up fee.
6.3 DATA TRANSFER FEE
If you choose the automatic billing option for extra data transfer for the Service and you go over your package allotment, you will be billed automatically for each extra transfer rate increment and that charge is non-refundable. You will not be refunded for the extra data transfer in that increment that you did not use. If you do not choose automatic billing at registration, and you use up all your data transfer capability in any given month, you can go back to your options settings and opt in to automatic billing. You may opt out of automatic billing for extra data transfer at any time.
6.4 UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the monthly term. Such upgrade or downgrade will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data for Yahoo! Wallet will automatically be refunded a pro-rata amount for the lower level of 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 the monthly 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 the monthly term. Fees may not be credited towards other Services. All currency references are in U.S. dollars.
6.5 Cancellation and Termination
If you cancel the Service before the end of the monthly term, your cancellation will take effect immediately, but you will have access to the Service for the remainder of the month in which you cancel. Your domain name will remain registered for its current term, but will cease working with your email and pointing to your website. After cancellation and when monthly term ends, you will no longer have access to your website and all information contained therein may be deleted by Yahoo!. Yahoo! accepts no liability for such deleted information or content.
If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Yahoo! accepts no liability for information that is deleted due to an invalid credit card.
In addition, Yahoo! may immediately terminate the Service for any failure to follow the TOS by you. Such termination of the Service may result in the deactivation or deletion of your Yahoo! Web Hosting Site, and the forfeiture and relinquishment of all files contained in your account.
8.0 OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the registered domain name, including those of users to whom you give e-mail accounts on your domain ("Domain E-mail Users"). You agree to immediately notify Yahoo! of any unauthorized uses of the account or any other breaches of security. Yahoo! cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Yahoo! be liable, in any way, for any acts or omissions, of you or any Domain E-Mail User, to whom you give an e-mail account on your domain, including any damages of any kind incurred as a result of such acts or omissions.
9.0 DOMAIN E-MAIL USERS
Please note that all Domain E-Mail Users must have Yahoo! ID's and are subject to the Yahoo! Terms of Service. Yahoo! expressly assumes no liability for any losses incurred due to Domain E-Mail User activities.
10.0 CONTENT AND CONDUCT RULES AND OBLIGATIONS
10.1 Prohibited Uses
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or 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 Yahoo, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
You agree that you will not:
- (a) upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- (b) harm minors in any way;
- (c) impersonate any person or entity, including but not limited to a Yahoo! official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- (e) 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);
- (f) 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;
- (g) 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;
- (h) market Your business through multiple submissions in public forums that are identical;
- (i) 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;
- (j) 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;
- (k) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
- (l) intentionally or unintentionally 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 NYSE Amex Equities, or the NASDAQ, and any regulations having the force of law;
- (m) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- (n) "stalk" or otherwise harass another;
- (o) collect, transmit, or store personal or financial data about any individual or entity, other than in accordance with Section 9.3 herein;
- (p) 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;
- (q) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page; or
- (r) collect, transmit, or store any type of adult, mature, or sexually explicit content.
You agree to indemnify and hold harmless Yahoo! from any claims resulting from the use of the Services which damages You or any other party. 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 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 Yahoo!'s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the Yahoo! Policies, 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 Yahoo! for such action.
11.0 ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by 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.
12.0 COMPLIANCE WITH LAWS
You agree to comply with the export, re-export, and import laws and regulations of the United States and other applicable countries where you operate or do business, including but not limited to the United States Export Administration Regulations, the antiboycott rules, and the Office of Foreign Assets Control regulations. Specifically, but without limitation, you represent and warrant that you:
- (a) will not use the Service to directly or indirectly conduct, promote, or facilitate business in countries and with nationals that are prohibited by U.S. embargoes or trade sanctions (these embargoed and sanctioned countries are: Cuba, North Korea, Iran, Sudan, and Syria; You are responsible for complying with any updates and revisions that the U.S. government makes to this list of prohibited export destinations);
- (b) are not a party identified on any government export exclusion lists nor using the Service to conduct business with a party identified on such lists, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists;
- (c) will not use the Service to export items, Content, or materials to or for military, nuclear, missile, chemical, or biological weaponry end users or end uses; and
- (d) will defend, indemnify, and hold Yahoo! harmless against any liability (including attorneys fees) arising out of or related to your failure to comply with applicable export, re-export, and import laws and regulations.
You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations, and orders, including, but not limited to, tax and intellectual property, including copyright, content, sales, mail-order, commerce, and ecommerce laws and regulations. You shall be responsible for determining which laws or regulations are applicable to Your use of the Services. You shall, upon the request of Yahoo!, provide Yahoo! assurance of Your compliance with those laws. You acknowledge that 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 Yahoo! Policies.
13.0 CONTENT SUBMITTED TO YAHOO! WEB HOSTING
Yahoo! does not claim ownership of the Content you place on your Yahoo! Web Hosting Site. By submitting Content to Yahoo! for inclusion on your Yahoo! Web Hosting Site, you grant Yahoo! the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Yahoo! Web Hosting Site on Yahoo's Internet properties. This license exists only for as long as you continue to be a Yahoo! Web Hosting customer and shall be terminated at the time your Yahoo! Web Hosting Site is terminated.
You acknowledge that Yahoo! does not pre-screen Content, but that 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, Yahoo! and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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.
You agree to indemnify and hold Yahoo!, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
15.0 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 permission by Yahoo!.
16.0 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo! may establish general practices and limits concerning use of the Service.
17.0 MODIFICATIONS TO SERVICE
Yahoo! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any partthereof) with or without notice. You agree that Yahoo! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18.0 RESERVATION OF RIGHTS
You agree that Yahoo!, in its sole discretion, expressly reserves the right to suspend or terminate your password, Yahoo! Web Hosting Site, use of the Service or use of any other Yahoo! service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Yahoo! believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Yahoo! may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Yahoo! may immediately deactivate or delete your Yahoo! Web Hosting Site and all related information and files in your Yahoo! Web Hosting Site and/or bar any further access to such files or the Service. Further, you agree that Yahoo! shall not be liable to you or any third-party for any termination of your access to the Service.
19.0 YAHOO! PROPRIETARY RIGHTS
19.1 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 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 Yahoo! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Yahoo! grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; 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 by Yahoo! for use in accessing the Service.
19.2 YAHOO! SMALL BUSINESS ACCOUNT FUNCTION
You acknowledge that the web hosting service is offered as a platform to host and serve web pages and web sites and is not offered for other purposes, such as remote disk space storage. Accordingly, You understand and agree to use the web hosting service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Yahoo! Small Business is designed to serve the web hosting needs of small, independently owned and operated businesses in the United States. It is not intended to support the greater web hosting needs of large enterprises or internationally based businesses. Yahoo! Small Business is also a shared web hosting service, which means a number of customers' web sites are hosted from the same server. To ensure that Yahoo! Small Business is reliable and available for the greatest number of users, a customer's web site usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of Yahoo! web hosting is to host web sites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at Yahoo!'s sole discretion, You are deemed to have violated this section, or if Yahoo!, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Yahoo!'s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Yahoo! may suspend or terminate Your account without notice to You and with no liability to Yahoo!.
20.0 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 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) YAHOO! WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, YAHOO! IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. YAHOO! DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE 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.
- (c) ANY MATERIAL 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 DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
21.0 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
22.0 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Yahoo! respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at http://docs.yahoo.com/info/copyright/copyright.html.
25.0 CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)
The TOS and the relationship between you and Yahoo! shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of Yahoo! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
26.0 INTEGRATION AND SEVERABILITY
The TOS constitutes the entire agreement between you and Yahoo! and govern your use of the Service, superceding any prior agreements between you and Yahoo! or Yahoo! Web Hosting (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Yahoo! services, third-party content or third-party software. If any provision of the TOS 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 the TOS 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 the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Yahoo! Small Business Abuse Form.