1. ACCEPTANCE OF TERMS. Welcome to the Yahoo Local Free Web Site service (the "Service"). Your use of the Service is subject to these Terms of Service ("TOS"), and all other documents incorporated by reference. Yahoo reserves the right to update and change these Terms and incorporated documents from time to time without notice or acceptance by you. You can review the most current version of the TOS at any time at http://info.yahoo.com/legal/us/yahoo/localfreewebsite/. Please note that other Yahoo services, outside of the Service, are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE. The Service provides Yahoo users with the ability to host a web site. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any 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. In addition, in order to use and continue to use the Service, you must use and continue to use the Yahoo Local Listings TOS and/or the Yahoo Local Basic Listing Service(s) (individually and collectively referred to as the "Listings Service") and you must agree to the applicable TOS for the Listings Service.
3. PRE-EXISTING DOMAIN NAME. Under the Service, Yahoo does not and will not register an internet domain name or host a domain name that is registered with another provider. The Service offers only a sub-domain name under the pre-existing domain name for the Service which you may use and will select during the sign-up phase.
4. FREE TERMS. There is no charge for the Service and you will not be billed. As a result, other than the Service described herein, Yahoo will not provide any other services such as domain registration, data or content transfers, upgrades, online payment modules, mySQL databases, email hosting or services, Flash functionality and so forth.
5. CANCELLATION AND TERMINATION. You may cancel the Service at any time, at which time your cancellation will take effect immediately. If at any time you no longer use the Listings Service or agree to the Listings Service TOS, then the Service under this TOS will automatically terminate and Yahoo shall have no obligation to you. In addition, Yahoo may immediately terminate the Service for (i) any failure to follow the Agreement by you, (ii) any failure to remain a user of the Local Listing Service, (iii) any termination of the Service for all customers, or (iv) any termination of the Service for all basic Listing Service customers. Such termination of the Service may result in the deactivation or deletion of your Yahoo Local Free Web Site, and the forfeiture and relinquishment of all files contained in your account. After any cancellation or termination, you will no longer have access to your web site and all information contained therein will be deleted by Yahoo . Yahoo accepts no liability for such deleted information or content.
7. OWNERSHIP OF WEB SITE ACCOUNT AND SECURITY. You are responsible for maintaining the security of your access to the Service and web site, and you are fully responsible for all activities that occur under your access privileges and any other actions taken in connection with the Yahoo Local Free Web Site offered to you. You agree to immediately notify Yahoo of any unauthorized uses of or access to the Service 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 of user(s) to whom you give access privileges, including any damages of any kind incurred as a result of such acts or omissions.
8. CONTENT AND CONDUCT RULES AND OBLIGATIONS. 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:
9. 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.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. CONTENT SUBMITTED TO Yahoo LOCAL. Yahoo does not claim ownership of the Content you place on your Yahoo Local Free Web Site. By submitting Content to Yahoo for inclusion on your Yahoo Local Free Web 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 Local Free Web Site on the Yahoo properties. This license exists only for as long as you continue to be a Yahoo Local Listings Service customer and shall be terminated at the time that your Yahoo Local Free Web Site is terminated or cancelled by you or shall be terminated at the time that your Yahoo Local Listings Service is terminated or cancelled by you, whichever is earlier. 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.
12. INDEMNITY. 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.
13. 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
14. MODIFICATIONS TO SERVICE; GENERAL PRACTICES REGARDING USE. Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that Yahoo may establish general practices and limits concerning use of the Service.
15. RESERVATION OF RIGHTS. You agree that Yahoo , in its sole discretion, expressly reserves the right to suspend or terminate your access to the Service, your Yahoo Local Free Web Site, your use of the Service or your 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 Local Free Web Site and all related information and files in your Yahoo Local Free Web 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.
16. Yahoo PROPRIETARY RIGHTS. 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.
17. 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.
18. 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.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE. 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.
21. COPYRIGHT. Yahoo respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at http://info.yahoo.com/copyright/us/.
22. 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.
23. INTEGRATION AND SEVERABILITY. The TOS constitutes the entire agreement between you and Yahoo and govern your use of the Service, superseding 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.
24. VIOLATIONS. Please report any violations of the TOS to our Content Violation Reporting Form.