| Terms of service |

Also see the MSN TV Service Statement of Privacy
Essentials of your Membership | Use of the MSN TV service
Subscription Fees, Billing and Payment Information | Termination of Service
Service Operation and Equipment | Disclaimer, Warranties and Indemnification
Notices; Consent | No "Spam"; Damages
Additional Provisions | Copyright and Trademark Notices

TERMS OF SERVICE AND NOTICES

Version Release Date 11/6/2002

MSN TV SERVICE USER AGREEMENT

The MSN TV service ("MSN TV service") is a limited Internet access service for television provided by Microsoft Corporation ("Microsoft") conditioned on your acceptance of the terms, conditions, and notices contained in this MSN TV Service User Agreement ("Agreement"). This Agreement constitutes the entire agreement between you and Microsoft with respect to MSN TV service and does not change or otherwise affect any other agreements between you and Microsoft with respect to MSN. Your registration and use of the MSN TV service constitutes your acceptance of the terms, conditions, and notices set forth in this Agreement. MICROSOFT RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, IN ITS SOLE DISCRETION, BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THIS AGREEMENT IN ORDER TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. THIS INCLUDES ANY AND ALL CHANGES TO SUBSCRIPTION FEES, BILLING TERMS, SERVICE OPERATION AND EQUIPMENT, AND USER RIGHTS AND RESPONSIBILITIES. YOUR CONTINUED USE OF THE MSN TV SERVICE FOLLOWING ANY SUCH CHANGE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. IF ANY OF THE CHANGES MADE TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR MSN TV SERVICE ACCOUNT ("ACCOUNT"), AS PROVIDED BELOW. This Agreement takes effect on the date on which you accept this Agreement and continues until your MSN TV service membership is terminated either by you or by Microsoft.

Statement of Privacy

Microsoft's policies relating to the collection and use of your personal information are set forth in the MSN TV Service Statement of Privacy, which can be accessed on the home page of the MSN TV service. We encourage you to periodically review this statement, as it is updated on a regular basis.

1. Essentials of your Membership

1.1 Primary User. You represent and warrant that you are 18 years of age or older (or the age of majority in the Canadian province or territory in which you reside) and that you possess the legal right and ability to enter into this Agreement and to use the MSN TV service in accordance with this Agreement. You agree to provide accurate and complete registration information for yourself. You may terminate your MSN TV service subscription at any time, with or without cause, upon notice to Microsoft as specified in the Help area online or in Section 4.1 in this Agreement; provided that you are responsible for all charges associated with your MSN TV service and any additional charges you may incur such as long distance charges, which have been submitted prior to your notice of termination. If you are participating in any trial or promotional period offer, you must terminate your subscription prior to the end of the applicable trial or promotional period in order to avoid incurring service charges or penalty charges for early cancellation. Microsoft may terminate or suspend your MSN TV service subscription at any time, with or without cause, with or without notice.

1.2 Secondary Users and Use by Minors. You may allow other members of your household (including minors) to use your Account, provided that you agree to pay all charges that they incur and to be responsible for all other aspects of their use, which includes any charges for connecting to the MSN TV service such as long distance charges. You may register as many as five (5) Secondary Users to your Account at no additional cost, and you may designate one e-mail address for each Secondary User. Microsoft reserves the right, in its sole discretion, to prohibit the use of any user e-mail name and/or to make changes to any user e-mail name.

You represent that you are the parent or legal guardian of each minor that you register as a Secondary User. By registering a minor, you consent to that minor's use of the MSN TV service and the Internet and that you are responsible for all actions related to the usage of that secondary user account. You acknowledge that you are aware that some areas of the MSN TV service and the Internet may contain material that is unsuitable for minors, and you agree to supervise the minors that you permit to use your Microsoft Account. You may prevent any Secondary User from having access to e-mail or chat rooms, which will eliminate the ability of such user to send or receive any e-mail or participate in chat rooms. Such access restrictions are provided to you by Microsoft as a convenience only. You remain responsible for any material to which a Secondary User either gains or is denied access as a result of your use or non-use of Microsoft's access restriction tools.

1.3 Your Responsibility for Security. The MSN TV service provides access to resources such as e-mail, bulletin boards, chat areas, newsgroups, forums, communities, personal Web pages, calendars, photo albums, and/or other message or communication facilities designed to enable you to communicate with others, including the Internet. Most information sent or received via the Internet is transmitted without encryption through public networks and may be subject to interception, misappropriation, corruption, loss or eavesdropping by unauthorized parties. Microsoft is not responsible for the security of information that you send or receive through the MSN TV service or via the Internet. You acknowledge and agree that Microsoft will not be liable for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to your failure to take appropriate security measures, including the consequences of any interception, replication or use by any third party of such information.

2. Use of the MSN TV service

2.1 Personal and Non-Commercial Use. The MSN TV service is offered solely for your personal and non-commercial use, as well as for the personal and non-commercial use of all Secondary Users. Any commercial use of the MSN TV service, or the resale of any of its services or content, is expressly prohibited. You agree to use all of MSN Services for TV only to post, send and receive messages and material that are appropriate. These services are public so any communications you post or transmit are not private and can be printed and used by others.

2.2 Unlawful or Prohibited Use. As a condition of your use of the MSN TV service, you warrant that you will not use the MSN TV service for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable local, state, national and international laws and regulations in your use of the MSN TV service. You are solely responsible for all acts or omissions that occur under your Account, including the content of your or your Secondary User's transmissions through the MSN TV service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through MSN.

2.3 Restrictions on General Use. You agree that when using the MSN TV service, you will not:

- Use the MSN TV service or any communication service in connection with surveys, contests, sweepstakes, lotteries, games of chance, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, such as, but not limited to, the rights of privacy and publicity.
- Publish, post, upload, transmit, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, file or information.
- Advertise or offer to sell or buy any goods or services for any non-personal purpose.
- Download any file or other material posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transmitted or uploaded.
- Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origin of your message or any other message to others.
- Use your e-mail account in the text of unsolicited email messages or Web sites as an address to which others can respond.
- Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.
- Use simultaneous, unattended, or continuous connections to the MSN TV service with your account.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a MSN TV service user any directory of MSN TV service users, or any other user or usage information.
- Transmit or upload any file that contains software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto, have the legal right to do so, or have received all necessary consents.
- Transmit or upload any file that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malicious scripts, or any other harmful or deleterious software or programs that may damage the operation of any computer network or other property.
- Interfere with or disrupt networks connected to the MSN TV service or violate the regulations, policies, or procedures of such networks.
- Use the MSN TV service in any manner that could damage, disable, overburden, or impair the MSN TV service (or the network(s) connected to the MSN TV service).
- Attempt to gain or gain unauthorized access to any part of the MSN TV service, other accounts, Internet units, computer systems or networks connected to the MSN TV service, through hacking, password mining or by any other means.
- Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data, software or hardware exported from the United States and/or Canada.
- Interfere with another member's use and enjoyment of the MSN TV service or another individual's or entity's use and enjoyment of similar services.
- View, intercept, or attempt to intercept e-mail or other private communication not intended for you.
- Violate any posted guidelines or codes relating to the use of the MSN TV service or a particular service.

Without limiting any of Microsoft's rights to terminate your Account as described elsewhere in this Agreement, Microsoft may immediately terminate your Account at any time without notice for violation of any of the foregoing rules, as it determines in its sole discretion.
Always use caution when giving out any personal information about yourself or your children. Microsoft does not control or endorse the content, messages or information found in any service or advertising content on MSN TV service, therefore, Microsoft specifically disclaims any liability with regard to the services or advertising content and any actions resulting from your participation in any service or offers from advertising content providers. Managers and hosts of such services and advertising content are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

2.4 Right to Monitor and Disclose. Microsoft has no obligation to monitor any member's use of the MSN TV service or retain the content of any user session. However, Microsoft reserves the right at all times and without notice to delete any content, remove any materials, monitor, review, retain and/or disclose any content or other information in Microsoft's possession, however obtained, about or related to you and your use of the MSN TV service. Microsoft reserves the right at all times to disclose any information that Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.

2.5 Links to Other Websites. THE LINKS INCLUDED WITHIN THE MSN TV SERVICE AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE MSN AND VISIT NON-RELATED SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE, NOR IS MICROSOFT RESPONSIBLE IF THE LINKED SITE IS NOT WORKING PROPERLY. MICROSOFT PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE LINKED SITE OR ANY ASSOCIATION WITH THE LINKED SITE'S OPERATORS, NOR DOES IT CREATE AN OBLIGATION ON THE PART OF MICROSOFT TO MAINTAIN OR PRESERVE SUCH LINK.

2.6 Dealings with Third Parties. You are subject to all the terms specified by the Linked Sites you visit. If another party reports that you have violated its terms of service agreement, Microsoft may treat your violation as a violation of this Agreement. Any dealings with third parties (including advertisers) included within the MSN TV service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Microsoft will not be responsible or liable for any aspect of any such dealings or promotions, nor will Microsoft be responsible for any purchases or charges incurred by you or any Secondary User through use of the MSN TV service.

2.7 Copyrighted Materials, Software and Intellectual Property. You agree to hold Microsoft harmless for any improper use of copyrighted materials accessed through the MSN TV service by you or any Secondary User. Microsoft bears no responsibility for, and you agree to assume all risks regarding, the alteration, falsification, misrepresentation, reproduction, or distribution of copyrighted materials without the proper permission of the copyright owner. Furthermore, you agree and acknowledge that Microsoft, its partners and its suppliers retain title to and ownership of all software and intellectual property that is part of the MSN TV service. You will not acquire any right, title or interest in the same except for the limited rights expressly granted to you in this Agreement.

2.8 Posting to MSN TV service. Microsoft does not claim ownership of the materials, feedback and suggestions you provide to Microsoft or post, upload, input, or submit to Microsoft operated Web Site or its associated services ("Submission"). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant Microsoft and its affiliated companies permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:
a.use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, create derivative works from, transfer, or sell your Submission;
b.sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to your Submission.
The foregoing grants shall include the right to exploit any proprietary rights in your Submission, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, in Microsoft's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submission. This section is inapplicable to any personally identifiable information that you provide in connection with your registration for the
MSN TV service. For terms and conditions governing use of such information, please refer to the MSN TV Service Statement of Privacy at Statement of Privacy. This privacy statement is controlling and overrides any conflicting language contained in these Terms of Service concerning use of such information.

3. Subscription Fees, Billing and Payment Information

3.1 Subscription Fees and Other Charges. You agree to pay all charges for your use of the MSN TV service at the prices then in effect including any charges for premium plans as explained in the Help Section. Certain promotions or plans may require termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials describing such promotions and plans. MSN TV service charges are subject to sales and other taxes as appropriate. Microsoft reserves the right to modify or terminate subscription plans, change prices, or institute new charges for the MSN TV service at any time with thirty (30) days' notice to subscribers. Some additional services may require the payment of additional fees that are not included in your subscription fee, and you agree to pay all such fees if you request such services. Microsoft is also entitled to impose fees, fines, and interest charges to the extent permitted under applicable law, including fees and fines for fraudulent activity or spam.

3.2 Cost of Connecting to the MSN TV service. All users are responsible for all their own telephone charges to connect to the
MSN TV service. In some areas, the MSN TV service unit must connect to the Internet by a long-distance call. (Also, if you have moved the location of your unit or if you are registering a unit that was previously connected elsewhere, you may need to change the phone number internally recorded for your unit to make sure that you dial a local number, if available.) The Internet unit will indicate and you can see if it is dialing locally or long distance during its connection to the MSN TV service. You are solely responsible for determining whether or not to continue with or terminate any connection that appears to be a long-distance call which may result in any additional charges from your telephone carrier, including local and/or long distance charges, per minute surcharges or equipment or line costs. Any toll charges associated with such long distance calls will be billed to you separately by your phone company, and you are solely responsible for such charges. Microsoft will not reimburse you for any charges incurred by you as a result of selecting to continue access to the MSN TV service via a number that is subject to additional and/or long distance charges.

3.3 Switching to Other Internet Service Providers.If you are in an area where there is no local access to the MSN TV service and you need to connect to Microsoft's network via a long-distance call, you can choose to open an account with a separate Internet Service Provider ("ISP"). You may also check if you have local access by calling Customer Service at: 1-800-469- 3288. If you use an ISP that is not a part of Microsoft's network, you will receive a discount on your monthly subscription rate; however, you will not receive a refund or credit if you switch Internet Service Providers in the middle of a billing cycle. Your monthly subscription rate will change at the beginning of the next billing cycle. To obtain Internet access through an independent ISP in your local calling area, use Microsoft's "Open ISP" program after registration by following the instructions under "Dialing" in the Settings section. If you elect to use an ISP that is not a part of Microsoft's network, you will pay that ISP directly for the costs associated with Internet access. You may switch your ISP at any time. You are responsible for determining whether the access numbers you use are local numbers or are subject to any additional charges such as long distance toll charges. Contact your telephone company for assistance. You are responsible for all additional charges from your independent ISP or your phone company incurred through use of your own ISP.

3.4 Payment Terms. All periodic charges (that is, monthly, quarterly, annually, and so forth), or charges for prepaid plans, are to be paid in advance or at the time billed by Microsoft, as specified by the MSN TV service plan you choose. Except as otherwise stated in this Agreement, all charges are non-refundable. You agree to pay for all optional and premium services you choose to receive. You agree to pay all amounts due upon demand by Microsoft. By entering your credit or debit card ("Card") information during the registration process, you warrant that you are the authorized user of such Card, the Card is valid, the Card account is current, and you are in good standing with the issuer. You authorize Microsoft to automatically deduct the monthly subscription fee and any additional charges for your use of connect time in excess of that provided as part of your subscription plan from your card, without further authorization from you until your Account is terminated. You also authorize Microsoft to make inquiries and to receive information about your credit history and updated account information from others, to enter this information in your file and to disclose such information concerning you to third parties.

3.5 Change of Card Information. You agree to promptly notify Microsoft of changes to your billing address or the account number, status, or expiration date of your Card, including the termination or suspension of your Card account.

3.6 Payment by Check. Payments by check are not accepted for Accounts established under this Agreement. U.S. residents who previously paid by check pursuant to a prior version of this Agreement may continue to do so but only by continuing to pay in advance for six (6) months of MSN TV service at a time. In the event that monthly MSN TV service fees increase after you have paid in advance for six (6) months of MSN TV service, you are still required to pay the increased monthly fee.

3.7 Additional Charges for Exceeding Applicable Access Limits. YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USE OF THE MSN TV SERVICE EXCEEDS THE NUMBER OF HOURS COVERED BY YOUR APPLICABLE SUBSCRIBER SERVICE. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS THE MSN TV SERVICE. MICROSOFT MAY CAUSE UPGRADED SOFTWARE TO BE DOWNLOADED AUTOMATICALLY TO YOUR ACCESS UNIT, IN WHICH EVENT YOU WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES INCLUDING, WITHOUT LIMITATION, CONNECT TIME CHARGES AND LOCAL OR LONG DISTANCE TELEPHONE CHARGES.

3.8 Billing Statement. Microsoft will use reasonable commercial efforts to provide you with an online statement of charges; however, any failure of Microsoft to provide you with an online statement does not affect your responsibility to pay any incurred charges. Unless you notify Microsoft of any discrepancies or irregularities in any statement within one hundred and twenty (120) days after they first appear on your account statement, the charges will be deemed accepted by you for all purposes. YOU RELEASE MICROSOFT FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO MICROSOFT WITHIN ONE HUNDRED AND TWENTY (120) DAYS OF ITS PUBLICATION DATE.

3.9 Lack of Payment. Microsoft reserves the right to suspend or terminate your Account without notice immediately upon rejection of any charges by your credit card company or bank, or if your account issuer (or its agent or affiliate) seeks return of payments previously made to Microsoft. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Microsoft. Microsoft reserves the right to refer your Account to a third party for collection in the event of default. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees. In the event that payment for the MSN TV service is not provided on a timely basis, Microsoft shall have the right to bill for any unpaid fees in later months, or to terminate, suspend or restrict access to the MSN TV service, or both, in its sole discretion. Microsoft reserves the right to pursue all legal remedies available to secure payment of any delinquent accounts.

3.10 Refunds. Within your first thirty (30) days of MSN TV service, you may terminate your subscription, and the full monthly fee will be refunded to you. Thereafter, MSN TV service fees are not refundable for any reason, including any month in which your Account is canceled or terminated.

4. Termination of Service

4.1 Termination. You may terminate your Account (thereby canceling all related Secondary User accounts) at any time, with or without cause, but ONLY by calling Customer Service at 1-800-469-3288. Such termination shall be effective on the first business day following the date on which notice of termination is provided. Until your notice of termination has been processed by Microsoft and has become effective, you remain responsible for all charges incurred by you and any Secondary Users. You should not transfer or return your Internet unit until after your Account has been terminated. You agree that, upon termination of this Agreement either by you or by Microsoft, you will pay Microsoft in full for your MSN TV service up to the date of termination, or the date on which the MSN TV service has been disconnected, whichever is later.

4.2 User Information Unavailable After Termination. Upon termination, the registration and user information for you and all Secondary Users will no longer be available to you from Microsoft. This includes e-mail, address book information and other stored user preferences on the MSN TV service. If you wish to retain such information, you must make your own copies prior to the termination of your Account. In the event any user establishes a later account with Microsoft after the termination of an earlier account, the earlier account information will not be transferable. If your Account is terminated for abuse, your Internet unit will be designated as "suspended" and will not be cleared for re-registration with the MSN TV service for a period of one year or longer, in the sole discretion of Microsoft. MSN TV service will not be able to retrieve or forward to you any e-mail from your account in any format.

5. Service Operation and Equipment

5.1 Provision and Use of Equipment. The MSN TV service may only be accessed with an authorized Internet unit. Only products labeled with a Microsoft product logo or trademark may be used to access the
MSN TV service. You agree that in the event of any malfunction of your Internet unit, you will return it to its manufacturer for authorized servicing. You further agree that neither you nor any Secondary User shall tamper with or permit any tampering with or adjustment of the Internet unit. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute or use for other purposes either the hardware or software of this system, is strictly prohibited and may result in termination of your Account and the pursuit of other legal remedies by Microsoft, its providers or partners.

5.2 Limited Storage Space. The amount of storage space per user on the MSN TV service is limited. Some messages may not be processed due to space constraints or outbound message limitations. You agree that Microsoft is not responsible or liable for any deletion or failure to store messages or other information. You agree to delete old messages from the MSN TV service in order to make room in your mailboxes for new messages. From time to time, Microsoft may delete old messages from your mailbox that are older than a certain date or that exceed certain storage limitations.

5.3 Right to Suspend the MSN TV service. Microsoft may, in its sole discretion and without prior notice: (i) restrict or limit access to the MSN TV service; or (ii) terminate a Primary or Secondary User account or user sessions at any time. The above described actions are not Microsoft's exclusive remedies, and, notwithstanding any action taken or failure thereof, Microsoft may take any other legal or technical action it deems appropriate. Users who violate Microsoft's systems or network security may also incur criminal and/or civil liability.

5.4 Updates to the MSN TV service. Microsoft has the right to update or modify the MSN TV service from time to time without notice, including, but not limited to, access procedures, menu structures, commands, documentation, features, functionality and services offered. Most updates will be offered at no additional cost. However, some special features of the MSN TV service, enhanced capabilities, or premium services may be offered to you for an additional fee.

5.5 Complaints About Microsoft Users. All complaints regarding any MSN TV service user must be e-mailed directly to
abuse@webtv.net along with a copy of any e-mail, posting or other proof of offensive conduct in violation of this Agreement.

6. Disclaimer, Warranties and Indemnification

6.1 Disclaimer and Warranties. You specifically agree that Microsoft shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using the MSN TV service. You specifically agree that Microsoft is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Microsoft is not responsible for any content sent using and/or included in the MSN TV service by you or any third party. YOUR USE OF THE MSN TV SERVICE AND ALL MICROSOFT SOFTWARE AND SERVICES IS AT YOUR OWN RISK. MICROSOFT, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MSN TV SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MSN TV SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ADVICE RECEIVED VIA THE MSN TV SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MICROSOFT, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF THE MSN TV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO ACCESS THE MSN TV SERVICE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE MSN TV SERVICE OR MICROSOFT SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. MICROSOFT, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MSN TV SERVICE AND ALL RELATED SOFTWARE, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MSN TV SERVICE, MICROSOFT SOFTWARE OR RELATED WEB SITES, ANY DELAY OR INABILITY TO USE THE MSN TV SERVICE, ANY MICROSOFT SOFTWARE, OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MSN TV SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE MSN TV SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MICROSOFT'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO MICROSOFT FOR ACCESS TO AND USE OF THE MSN TV SERVICE. YOU HEREBY RELEASE MICROSOFT FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MSN TV SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT REGISTER FOR A MSN TV SERVICE ACCOUNT OR TO TERMINATE YOUR MSN TV SERVICE ACCOUNT. MICROSOFT MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE (I) RESTRICT OR LIMIT ACCESS TO THE MSN TV SERVICE; (II) TERMINATE A USER ACCOUNT OR USER SESSIONS AT ANY TIME; OR (III) DISCONTINUE OR MODIFY ANY OR ALL ASPECTS OF THE MSN TV SERVICE OR ITS SERVICES.

6.2 Indemnification You agree to indemnify, defend, and hold Microsoft, its parents, subsidiaries, members, affiliates, officers, directors, employees, and agents harmless from any claim, demand, liability, expense, or damage, including costs and reasonable attorneys' fees, asserted by any third party relating to or arising out of your use of or conduct on the MSN TV service. Microsoft will notify you within a reasonable period of time of any claim for which Microsoft seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Microsoft's interests, as reasonably determined by Microsoft.

7. Notices; Consent.

Notices given by Microsoft to you may be given by e-mail via the MSN TV service, by a general posting on the MSN TV service, or by conventional mail. Notices given by you to Microsoft must be given by e-mail via the MSN TV service and addressed as set forth in the Help section, or by conventional mail. Notices to Microsoft by conventional mail must be sent One Microsoft Way, Redmond, WA 98052

8. No "Spam"; Damages.

Microsoft may immediately terminate any account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay Microsoft liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree to pay Microsoft's actual damages, to the extent such actual damages can be reasonably calculated. You agree that Microsoft may charge such damages to your Account, your Card or other account specified by you for payment of MSN charges.

9. Additional Provisions

9.1 Export Controls. Microsoft may deny MSN TV service to any individual who possesses an Internet unit that has been exported contrary to U.S. and/or Canadian export control regulations.

9.2 Interpretation of Terms. This Agreement is governed by the laws of the State of California, USA, except where prohibited by applicable law. You consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California for all disputes arising out of or relating to your use of the MSN TV service and/or your Account. Use of the
MSN TV service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions including, without limitation, this paragraph.

9.3 Disclosure of Information. Microsoft reserves the right to disclose any information necessary without your prior permission, if Microsoft has a good faith belief that such action is necessary to (1) comply with governmental, court and law enforcement requests or requirements; (2) protect and defend the rights or property of Microsoft, its affiliated companies, the MSN TV service or the users of the MSN TV service, whether or not required to do so by law; (3) enforce this Agreement; (4) protect the personal safety of users of the MSN TV service or the public. Microsoft's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MSN TV service. You are advised that certain unauthorized uses of the MSN TV service, including but not limited to admissions of illegal behavior or the posting of pornography, may result in additional fees, fines or charges, the suspension or termination of your Account, and/or civil or criminal liability. In addition, Microsoft may, in its discretion, report incidents of child pornography to the Cyber Tip Line at the National Center for Missing and Exploited Children.

9.4 Entire Agreement. This Agreement, including the Statement of Privacy, and any other notices and disclaimers posted on the service, constitutes the entire agreement between Microsoft and you, the Primary User, with respect to your use of the MSN TV service and your Account (excluding the use of any software which may be subject to an end-user license agreement), and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Microsoft and you with respect to the MSN TV service.

9.5 Enforcement. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to reflect the original intentions of the parties and the remaining provisions shall remain in full force and effect. Microsoft's failure to insist upon or enforce strict performance of any provision of this Agreement does not mean that Microsoft has waived any provision or right in this Agreement.

9.6 Assignment. Microsoft may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign or transfer this Agreement.

9.7 Miscellaneous. A printed copy of this Agreement and of any notice given by Microsoft in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Microsoft agree that any cause of action arising out of or related to the MSN TV service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in the Agreement are provided solely for the convenience of the parties and have no legal or contractual significance.

9.8 Agreement Drawn in English. The parties to this Agreement confirm that it is their wish that this Agreement, as well as all other documents relating to it, have been and shall be drawn up in the English language only. Any conflict between this Agreement and any translations provided by Microsoft or its partners or providers in other languages, either orally or in printed form, shall be resolved in favor of this English language version. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents qui s'y rattachent, soient rédigés en langue anglaise.

10. Copyright and Trademark Notices

10.1 Copyright and Trademark. All contents of the MSN TV service are: Copyright © 2002 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
Microsoft, MSN, the MSN logo, and/or other Microsoft products and services referenced herein are either trademarks or registered trademarks of Microsoft. Any rights not expressly granted herein are reserved.

10.2 Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO SUCH CLAIMS WILL RECEIVE NO RESPONSE.

Notices should be sent to:

J.K. Weston
One Microsoft Way, Redmond, WA 98052

Phone: (425) 703-5529
Fax: (425) 936-4112
Email Address: jkweston@microsoft.com

Please refer to the Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm for further instructions.

END of TERMS of SERVICE