<?xml version="1.0" encoding="UTF-8" ?><!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "DTD/xhtml1-strict.dtd"><html xmlns="http://www.w3.org/1999/xhtml"><head><base href="http://go.msn.com/" /><title>MSN Terms of Use</title><meta http-equiv="PICS-Label" content="(pics-1.1 "http://www.icra.org/ratingsv02.html" l r (cz 1 lz 1 nz 1 oz 1 vz 1) gen true for "http://www.msn.com" r (cz 1 lz 1 nz 1 oz 1 vz 1) "http://www.rsac.org/ratingsv01.html" l r (n 0 s 0 v 0 l 0) gen true for "http://www.msn.com" r (n 0 s 0 v 0 l 0))" /><link rel="stylesheet" type="text/css" href="http://www.msn.com/styles/css-site.ashx" /><script type="text/javascript" src="http://www.msn.com/js/helppane17.js"> </script><script type="text/javascript">var bSearch=false; var L_H_TEXT=""; var H_KEY=""; var H_TOPIC=""; var H_BURL="http://www.msn.com/panehelp.ashx";var L_H_APP="www.msn.com";var H_URL_BASE="http://help.msn.com/en_us";var H_CONFIG="msncomv1.ini";window.name="msncomv1";</script></head><body id="oBodyTag" class="640"><table cellspacing="0" cellpadding="0" border="0" width="608"><tr valign="top"><td colspan="4"><img height="0" width="0" src="http://c.msn.com/c.gif?PS=10263&NA=1154&NC=10009&PI=7317&DI=340" alt="" border="0" /><div class="big7"><div class="dMSNME_1"><table cellpadding="0" cellspacing="0" border="0" width="608"><tr><td><div class="container"><a href="0/0/"><b>MSN Home</b></a> | <a href="0/8/"><b>My MSN</b></a> | <a href="0/1/"><b>Hotmail</b></a> | <a href="0/2/"><b>Search</b></a> | <a href="0/6/"><b>Shopping</b></a> | <a href="0/7/"><b>Money</b></a> | <a href="0/5/"><b>People & Chat</b></a></div></td><td align="right"><div class="dMSNME_1"><a class="scarab" href="0/19/"><img width="67" height="19" src="http://msimg.com/m/r/pp-signout.gif" alt="Sign out of Passport" border="0" /></a></div></td></tr></table></div></div><table border="0" cellpadding="0" cellspacing="0" width="608"><tr valign="bottom"><td class="tabslinetall" width="118"><a href="0/3/"><img height="40" width="118" src="http://msimg.com/m/r/logo/msft/logo_min.gif" alt="MSN.com" border="0" /></a></td><td><table border="0" cellpadding="0" cellspacing="0" width="100%"><tr><td class="tabsfronton"><img src="http://msimg.com/m/r/c.gif" width="52" height="36" border="0" alt="" /></td><td class="tabsonline" width="318"><div class="pagetitle"><b>MSN Terms of Use</b></div></td><td align="right" class="tabsonline" width="120"><div class="help"><a href="javascript:DoHelp();"><b>Help</b></a>  </div></td></tr></table></td></tr></table></td></tr><tr><td colspan="4"><table cellpadding="0" cellspacing="0" border="0" width="608"><tr><td class="spacer"><img src="http://msimg.com/m/r/c.gif" width="1" height="10" border="0" alt="" /></td></tr></table></td></tr><tr><td width="145" class="lnav-legal" valign="top"><table cellpadding="0" cellspacing="0" border="0" width="100%"><tr><td><img src="http://msimg.com/m/r/c.gif" width="1" height="15" border="0" /></td></tr><tr><td><a href="b/12/">Privacy Statement</a></td></tr><tr><td class="hr"><hr /></td></tr><tr><td><a href="b/13/">Performance Statement</a></td></tr><tr><td class="hr"><hr /></td></tr><tr><td><a href="b/14/">Terms of Use</a></td></tr><tr><td class="hr"><hr /></td></tr><tr><td><a href="b/1/">Advertising</a></td></tr><tr><td class="hr"><hr /></td></tr></table></td><td width="15" valign="top" class="page"><img src="http://msimg.com/m/r/arc.gif" width="15" height="15" border="0" alt="" /></td><td class="page" width="448"><h3> MSN Website Terms of Use and Notices </h3><h3> Last Updated: September 2001</h3><h3> AGREEMENT BETWEEN YOU AND THE MICROSOFT CORPORATION </h3><p> The MSN Web Site is made up of various Web sites and Web pages operated by the Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052 or its affiliates (collectively, the "MSN Web Sites"). This Terms of Use and Notices applies to the MSN Web Site and does not apply to the content of third parties. </p><p> The MSN Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MSN Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MSN Web Site included within the MSN Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to any of the Additional Terms, click on the link below: </p><p><a href="http://www.msn.com/legalterms.ashx#terms1"><b>Carpoint</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms2"><b>GamingZone</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms3"><b>Health</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms4"><b>MSN Money</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms5"><b>HomeAdvisor</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms6"><b>MSN Hotmail</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms7"><b>Encarta</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms8"><b>MSN Music</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms9"><b>eShop</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms10"><b>MSNBC</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms11"><b>Auctions</b></a><br></br><a href="http://www.msn.com/legalterms.ashx#terms12"><b>MSN Photos</b></a></p><p> Additionally, the MSN Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas). </p><p> In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MSN Web Site, then these terms shall control. </p><p> Click on the link below for the terms and conditions that govern these additional Microsoft Web Sites and/or Services: </p><p><a href="http://supportservices.msn.com/us/netstatus.asp?brandkey=sub&titleimgkey=sub&keywordkey=sub&ContentPg=content/subscriberagreement.htm">MSN Internet Access</a><br></br><a href="http://www.passport.com/Consumer/TermsOfUse.asp?PPlcid=1033">Microsoft Passport</a><br></br><a href="http://www.bcentral.com/npl/terms.html">Microsoft bCentral</a><br></br><a href="http://www.msntv.com/legal.html">MSNTV</a><br></br></p><p><b>PRIVACY AND PROTECTION OF PERSONAL INFORMATION</b></p><p> See the Privacy Statement at <a href="http://privacy.msn.com">http://privacy.msn.com</a> for disclosures relating to the collection and use of your personal information. </p><p><b>MEMBER ACCOUNT, PASSWORD, AND SECURITY</b></p><p> If a particular MSN Web Site, or any product or service offered on any MSN Web Site (each a “MSN Site/Service”, and collectively “MSN Sites/Services”) requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security.  Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password.  You may not use anyone else’s account at any time, without the permission of the account holder. </p><p> Some MSN Sites/Services automatically provide you with a Microsoft Passport account when you open an account (e.g. Hotmail, MSN Explorer), to learn more about what a Microsoft Passport is please visit the Passport Web site at www.passport.com. </p><p><b>MODIFICATION OF THESE TERMS OF USE</b></p><p> Microsoft reserves the right to change the terms, conditions, and notices under which the MSN Sites/Services are offered, including but not limited to the charges associated with the use of the MSN Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the MSN Sites/Services constitutes your agreement to all such terms, conditions, and notices. </p><p><b>PERSONAL AND NON-COMMERCIAL USE LIMITATION</b></p><p> Unless otherwise specified, the MSN Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MSN Sites/Services.  Without the advance express written permission of MSN, you may not ‘meta-search’ the MSN Sites/Services, send, or cause to be sent, any automated queries of any sort to the MSN Sites/Services, or use the MSN Sites/Services in any commercial manner.  “Automated queries” shall include but not be limited to using any software that sends queries to any MSN Sites/Services to determine how a web site “ranks” on any MSN Sites/Services. </p><p><b>LINKS TO THIRD PARTY SITES</b></p><p> The MSN Sites/Services may contain links to third party Web 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 without limitation 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 appropriately. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. </p><p> Any dealings with third parties (including advertisers) included within the MSN Sites/Services 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 shall not be responsible or liable for any part of any such dealings or promotions. </p><p><b>NO UNLAWFUL OR PROHIBITED USE</b></p><p> As a condition of your use of the MSN Sites/Services, you will not use the MSN Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MSN Sites/Services in any manner that could damage, disable, overburden, or impair any MSN Site/Service(s) (or the network(s) connected to any MSN Site/Service(s)) or interfere with any other party's use and enjoyment of any MSN Site/Service(s).  You may not attempt to gain unauthorized access to any MSN Site/Service, other accounts, computer systems or networks connected to any MSN Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MSN Sites/Services. </p><p><b>USE OF SERVICES</b></p><p> The MSN Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: </p><ul><li> Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).  </li><li> Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. </li><li> Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. </li><li> Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.</li><li> Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. </li><li> Use any material or information, including images or photographs, which is made available through the MSN Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. </li><li> Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. </li><li> Use of meta tag searches on the web sites. </li><li> Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. </li><li> Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. </li><li> 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 uploaded. </li><li> Restrict or inhibit any other user from using and enjoying the Communication Services. </li><li> Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. </li><li> Harvest or otherwise collect information about others, including e-mail addresses. </li><li> Violate any applicable laws or regulations. </li><li> Create a false identity for the purpose of misleading others. </li><li> Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an MSN Site/Service(s) or other user or usage information or any portion thereof. </li></ul><p> Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. </p><p>	Microsoft reserves the right at all times to disclose any information as 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. </p><p> Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Microsoft does not control or endorse the content, messages or information found in any Communication Service and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft. </p><p> Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. </p><p><b>MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MSN WEB SITE</b></p><p> Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any MSN Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all MSN Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a MSN Site/Service. </p><p> No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion. </p><p> By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. </p><p><b>SOFTWARE AND CONTENT AVAILABLE THROUGH THE MSN SITES/SERVICES</b></p><p> All content and software (if any) that is made available to view and/or download in connection with the MSN Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Microsoft Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. </p><p> For any Software not accompanied by a license agreement, Microsoft Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular MSN Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. </p><p><b>LIABILITY DISCLAIMER</b></p><p> THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MSN SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MSN SITES/SERVICES AND TO THE INFORMATION THEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MSN SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MSN SITES/SERVICES 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. </p><p> MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MSN SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. </p><p> 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 AN MSN SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR 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 AN MSN SITE/SERVICE BY ANY THIRD PARTY. </p><p> IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MSN SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MSN SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MSN SITES/SERVICES, 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. 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 SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MSN SITES/SERVICES. </p><p><b>STORAGE SPACE AND OTHER LIMITATIONS </b></p><p> You agree that Microsoft may establish limits concerning use of any MSN Service offered on an MSN Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any MSN Service, the maximum number of e-mail messages that may be sent from or received by an account on any MSN Service, the maximum size of an e-mail message that may be sent from or received by an account on any MSN Service, the maximum disk space that will be allotted on Microsoft's servers on your behalf, and the maximum number of times and duration you may access any MSN Service in a given period of time. </p><p> You agree that Microsoft has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any MSN Service. You acknowledge that Microsoft reserves the right to log off accounts that are inactive for an extended period of time. </p><p> MICROSOFT MAKES NO WARRANTY THAT ANY MSN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. </p><p><b>TERMINATION/ACCESS RESTRICTION</b></p><p> Microsoft reserves the right, in its sole discretion, to terminate your access to any or all MSN Sites/Services and the related services or any portion thereof at any time, without notice. </p><p> Microsoft may also terminate or suspend your access to MSN Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Microsoft. The amount of time that Microsoft currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the MSN Site/Service, your right to use the MSN Site/Service immediately ceases. </p><p> Microsoft shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. </p><p><b>NO SPAM; DAMAGES </b></p><p> Microsoft will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Microsoft liquidated damages of $5 for each piece of spam or unsolicited bulk email 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. </p><p><b>GENERAL</b></p><p> This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the MSN Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of the MSN Sites/Services. You agree to indemnify and hold Microsoft, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MSN Sites/Services. Microsoft reserves the right to disclose any personal information about you or your use of the MSN Sites/Services, including its contents, without your prior permission if Microsoft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Microsoft or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. 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 Sites/Services or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to the MSN Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to the MSN Sites/Services. A printed version of this agreement and of any notice given 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. </p><p><b>COPYRIGHT AND TRADEMARK NOTICES:</b></p><p> All contents of the MSN Web Sites are: Copyright (c) 1996 - 2001 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. </p><p> TRADEMARKS. Microsoft, Advisor FYI, Bookshelf, CarPoint, Computing Central, Encarta, FrontPage, HomeAdvisor, Home Essentials, Hotmail, MapPoint, Microsoft Internet Explorer Logo, MSN Money, MSN, MSN Logo (butterfly), Outlook, Passport Logo, MSN Photos, PowerPoint, Slate, Windows, Windows NT, Windows Media, ZoneFriends, ZoneMatch, ZoneMessage, and/or other Microsoft products and services referenced herin may also be either trademarks or registered trademarks of Microsoft.  The names of actual companies and products mentioned herein may be the trademarks of their respective owners. </p><p> The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. </p><p> Any rights not expressly granted herein are reserved. </p><p><b>NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT</b></p><p> Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. <b> ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. </b><a href="http://www.microsoft.com/info/cpyrtInfrg.htm"><b> See Notice and Procedure for Making Claims of Copyright Infringement. </b></a></p><p><a href="http://go.msn.com/B/2"><b>FOR INFORMATION REGARDING THE MSN.COM PRIVACY STATEMENT CLICK HERE.</b></a></p><p><b>ADDITIONAL TERMS</b></p><p><a name="terms1"><b>CARPOINT</b></a></p><p><b>Carpoint Auto-Pricer MSRP and Invoice Prices</b><br></br> The MSRP and Invoice Prices generated by the CarPoint Auto-Pricer feature are believed to be accurate, but Microsoft Corporation and its suppliers do not warrant or guarantee such accuracy. Microsoft and its suppliers do not authorize the use of such prices for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. </p><p><a name="terms2"><b>GAMING ZONE</b></a></p><p> Your use of MSN Gaming Zone ("MSNGZ") is also subject to the Code of Conduct located at the MSNGZ site. Additional policies relating to online conduct, uploaded files, conferences, bulletin boards and other matters are posted at the MSNGZ site. </p><p> MSNGZ reserves the right to use numeric codes, global unique identifiers (guids), cookies or other technologies in order to identify specific computers that access the Zone. This information may be monitored to develop aggregate and anonymous statistics regarding computer use on the Zone that may be used for MSNGZ operations or by third parties. Computer identification technology may also be used to enforce the MSNGZ Terms of Use. </p><p><b>Subscription-Based Content</b><br></br> Some contents and/or services on MSNGZ may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Microsoft a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting <a href="http://www.zone.com/zqdb/hframe.asp?topic=11003">Zone Billing Customer Support</a>. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. </p><p><b>To Unsubscribe from the Newsletter</b><br></br> Go to <a href="http://register.microsoft.com/regwiz/wiz275.asp">http://register.microsoft.com/regwiz/wiz275.asp</a>, and sign in, or register if you haven't yet. At the end of the pages listing your personal information, you will be presented with a check-box list of e-mail periodicals. Click the checked box beside the newsletter to clear it; this will unsubscribe you from the newsletter. </p><p><a name="terms3"><b>MSN HEALTH</b></a></p><p> MSN Health is provided to you in association with WebMD. Accordingly, MSN Health is also subject to the Terms and Conditions put forth by WebMD. Please <a href="http://content.health.msn.com/medcast_channel_toc/1762">click here</a>	to review these Terms and Conditions. </p><p><a name="terms4"><b>MSN MONEY</b></a></p><p><b>Stock Quotes and E-mail Alerts</b><br></br> Stock quotes appearing on the MSN Money site and in email alerts are supplied by S"P ComStock, Inc. Unless otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delay following their receipt from S"P ComStock, Inc. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with "time of last trade" to indicate the timeliness of the data. </p><p> Stock quotes are believed to be accurate and timely (subject to the aforementioned delays), but Microsoft and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stock broker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions. Microsoft and its suppliers do not authorize the use of stock quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. </p><p><b>Third Party Account Information</b><br></br> By using the "My Accounts" service through the MSN Money site, you authorize Microsoft and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Microsoft and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Microsoft and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering. </p><p> You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify Microsoft immediately of any unauthorized use of your password or account or any other breach of security. Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time. </p><p><b>Trading Online with Brokerage and Mutual Fund Firms</b><br></br> The online trading services which you may access through the links contained on the MSN Money site are services of the listed independent brokerage and mutual fund companies. In order to use these services, you need to have an existing account with such company, or you will need to set-up an account, which you may do after linking to the company's Web site. Microsoft provides links to selected companies for your convenience only. Microsoft is not a registered broker-dealer or mutual fund company, and does not endorse or recommend the services of any brokerage or mutual fund company. The brokerage or mutual fund company you select is solely responsible for its services to you, and you agree that Microsoft shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. </p><p><b>Other Acknowledgements and Notices</b><br></br> Historical chart information supplied by Commodity Systems, Inc. (CSI), 200 W. Palmetto Park Road, Boca Raton, FL 33432 (561) 392-8663 or (800) 274- 4727. Email marketing@csidata.com </p><p> Certain software used in the MSN Money Web site servers is based in part on the work of the Independent JPEG Group. Copyright (c) 1991 -1996 Thomas G. Lane. All rights reserved. </p><p> "gnuplot" software used in the MSN Money Web site servers is copyright (c) 1986-1993 Thomas Williams, Colin Kelley. All rights reserved . </p><p> All information provided by S"P ComStock, Inc. ("ComStock") and its affiliates (the "ComStock Information") included in MSN Money is owned by or licensed to ComStock and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the ComStock Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ComStock Information in any format to anyone, and no user shall use any ComStock Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. Prior to the execution of a security trade based upon the ComStock Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither ComStock nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the ComStock Information. The ComStock Information is provided to the users "as is." Neither ComStock nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the ComStock Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom. </p><p><a name="terms5"><b>HOMEADVISOR</b></a></p><p><b>Online Mortgage Services</b><br></br> The online mortgage services that you may access through the hyperlinks contained in the HomeAdvisor Web site are services of the listed independent mortgage lender. Microsoft provides hyperlinks to selected mortgage lenders for your convenience only. Microsoft is not a lender and does not make mortgage loans; rather, it is a computer loan origination system that can help you select a mortgage loan and lender. Microsoft does not endorse or recommend the services of any mortgage lender. Microsoft is not an agent for you or any lender that you select. The mortgage lender you select is solely responsible for its services to you, and you agree that Microsoft shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. Microsoft does not guarantee that the loan terms or rates offered and made available by the lenders through this Web site are the best terms or lowest rates available in the market. Microsoft also does not guarantee that you will be able to obtain a loan from any lender; loan approval standards are established and maintained solely by individual lenders. </p><p><b>Home Value Estimates</b><br></br> In no event may a user of the Home Value Estimate Tool ("HVET") use such HVET (including any valuations or other data or information produced by or in connection with the HVET), or any portion thereof, to reverse engineer, reproduce, or otherwise recreate the HVET, any valuations or other data or information produced by or in connection with the HVET or any other Freddie Mac product or service or any portion thereof. </p><p> Each user of the HVET and any data or information produced by the HVET shall be solely responsible for compliance with all applicable laws and regulations relating to such user's use of the HVET and associated data and information. </p><p><b>Crime Statistics</b><br></br> The crime statistics provided by Online Data Services have been collected from federal, state, and local law enforcement agencies. The accuracy of the statistics as obtained from these agencies is assumed to be correct, but is not guaranteed. The ratings in the form of school grades published by Online Data Services are the result of a comparison of the crime activity in a particular vicinity to the overall crime activity in its surrounding area. No inferences should be drawn regarding the likelihood of a crime occurring or not occurring at a particular location based on the statistics or grade published by Online Data Services. An above average grade does not imply that a particular location is not subject to crime. </p><p><b>No Professional Advice</b><br></br> The information appearing in the HomeAdvisor Web site and in email alerts is intended solely as general guidance on the home buying and financing processes, and does not constitute legal, tax, accounting or other professional advice. Real estate contracts, closing procedures and disclosures are in part guided by state law. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. </p><p><b>Accuracy of Information and Calculations</b><br></br> Information appearing on the HomeAdvisor Web site and in e-mail alerts, including the results produced by the Calculator features of the HomeAdvisor Web site and information about mortgage interest rates and loan terms, is believed to be accurate, but Microsoft and its suppliers do not warrant or guarantee such accuracy. Mortgage interest rates, loan terms and other information on the HomeAdvisor Web site are subject to change. You should independently verify all relevant information prior to making any decisions based on such information. </p><p> PRIZM is a registered trademark of Claritas, Inc. </p><p><a name="terms6"><b>HOTMAIL</b></a></p><p> This Terms of Use applies to the MSN Hotmail web site and services.  When you use the Hotmail web site and services you agree to abide by these Terms and any additional terms, conditions and notices appearing on the Hotmail web site.</p><p><a name="terms7"><b>ENCARTA ONLINE</b></a></p><p> Permission to use documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available from Encarta Online is granted, provided that (1) the proper credit and Microsoft copyright notice appears on all copies; (2) use of the documents and graphics available from this Web site is for informational and noncommercial or personal use only; and (3) no documents or graphics, including logos, available from Encarta Online are modified in any way. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Your use of Encarta Experts is also subject to the Code of Conduct located at the Encarta Experts web site. </p><p><b>Subscription-Based Content</b></p><p><b>Individual Subscriptions.</b> Some contents and/or services on Encarta Online may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Microsoft a subscription purchase request, you warrant that you are at least 18 years of age, that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. If you purchase a subscription through Microsoft, you may cancel your subscription to any fee-based content and/or services at any time within 30 days following the date of purchase by contacting Encarta Billing Customer Support to receive a full refund. You are not entitled to any refund if you cancel after the initial 30 day period. If you purchase a subscription from a source other than Microsoft, other cancellation and refund terms may apply. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. </p><p><b>Institutional Subscriptions.</b>	Encarta Online Deluxe is also available to schools, libraries and other organizations, conditioned on the purchase of a volume subscription and acceptance of the terms of any associated subscription agreement ("Institutional Subscribers"). In addition, subject to purchase of a subscription and payment of any associated fees, Microsoft grants such Institutional Subscribers the non-assignable, terminable, non-exclusive right to access and use, and the right to authorize Institutional Subscriber's Authorized Users to access and use subscription-based content/services in accordance with the terms and conditions set forth herein. For purposes of this Agreement, "Authorized Users" may include students, teachers, faculty members, librarians, library patrons and/or other employees or users of an Institutional Subscriber for whom the Institutional Subscriber has paid a fee to permit use of Encarta Online Deluxe. Institutional Subscriber shall not allow remote or dial-in access to the subscription-based content/services. Institutional Subscriber shall use reasonable care to prevent unauthorized use of subscription-based content/services, and shall be solely responsible for all access to and use of the subscription-based content/services, whether or not Institutional Subscriber has knowledge of or authorizes such access and use. Microsoft retains the right to audit Institutional Subscriber monthly for unauthorized uses of and/or access to the subscription-based content/services. Institutional Subscriber shall promptly notify Microsoft of any infringements of copyrights on the subscription-based content/services or any unauthorized use of the subscription-based content/services of which they become aware. Institutional Subscriber shall cooperate with Microsoft in any investigation of such infringements or unauthorized uses. Microsoft shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses; provided that Microsoft will not bring an action against any Authorized User without first consulting with Institutional Subscriber. Institutional Subscriber shall cooperate with Microsoft in any such action, in such manner as Microsoft may reasonably request and at Microsoft's expense. In the event of any infringement or unauthorized use by an Authorized User, Institutional Subscriber shall take all reasonable steps to cause such Authorized User to cease such activity and to prevent any recurrence thereof. Microsoft reserves the right to immediately terminate this Agreement and/or access to Encarta Online by Institutional Subscriber or by Authorized User(s) for violation of the terms and conditions of this Agreement. </p><p><a name="terms8"><b>MSN MUSIC</b></a></p><p> AMG DATA ("DATA") is the property of AEC One Stop Group, Inc., ("AEC"), doing business as AMG, All-Music Guide and All Media Guide. You may not modify, copy or scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of the DATA. You may not download DATA except for your own personal, non-commercial use. You agree to indemnify, defend and hold harmless AEC and its affiliates, Microsoft Corporation and its affiliates, against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your unauthorized use of the DATA, (b) your violation of this directive and/or (c) your unauthorized activities in connection with the DATA. Any reproduction, publication, further distribution or public exhibition of materials provided at this site, in whole or in part, is strictly prohibited. </p><p><a name="terms9"><b>SHOPPING (eShop)</b></a></p><p> MSN Shopping provides the merchants' links to you at eshop.msn.com and various links throughout MSN; however, each individual merchant participating at MSN Shopping is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. MSN does not guarantee, warrant or endorse any product or service sold by a merchant in MSN Shopping, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase of any product or service from a merchant at MSN Shopping is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. MSN has no responsibility or liability for any merchant or your relationship with such merchant. </p><p> You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase. MSN has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale. </p><p> You represent and warrant that you are at least 18 years of age and that you possess the legal right to use MSN Shopping in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access MSN Shopping. </p><p> Consumer Guide is a registered trademark of Publications International Ltd. </p><p> Epinions, Epinions.com, E-pinion, Epinion, the four faces logo (and each face individually or logo thereof) are all trademarks of Epinions, Inc. </p><p><a name="terms10"><b>MSNBC</b></a></p><p> This site is owned and operated by Microsoft Corporation and contains material which is derived in whole or in part from material supplied by MSNBC, NBC, The Associated Press, Reuters and other sources, and is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices </p><p><b>Specific Restrictions on Use of Associated Press Material</b><br></br> Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. </p><p><a name="terms11"><b>AUCTIONS</b></a></p><p><b>Eligibility; Authorized Use</b><br></br> You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use MSN Auctions & Classifieds, including the buying, selling and listing of items, and any other services offered on this site (collectively, the "Services") in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties. </p><p><b>Fees; Payment</b><br></br> Microsoft reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. Microsoft further reserves the right to alter any and all fees from time to time, without notice. <a href="http://auctions.msn.com/scripts/fees.asp">Click here</a> to see the current Fee Schedule; and check the Fee Schedule for any updated fee information each time you use the Services. </p><p> You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services. </p><p><b>Using the Services</b><br></br> MSN Auctions & Classifieds is offered solely as a forum for you to utilize the Services to buy and sell goods. Microsoft is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. Microsoft cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, Microsoft cannot control or warrant the behavior of the users of the Services. As such, your use of MSN Auctions & Classifieds and its Services is at your own risk, and Microsoft disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release Microsoft, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of MSN Auctions & Classifieds and the Services. Further, because Microsoft is not involved in any transactions between you and other users of the Services, Microsoft cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods. </p><p><a href="http://auctions.msn.com/scripts/faqs.asp">Please refer to the FAQs</a>, <a href="http://auctions.msn.com/scripts/buying.asp">Help for Buyers</a> and <a href="http://auctions.msn.com/scripts/selling.asp"> Help for Sellers</a> for additional procedures and guidelines for buying and selling goods on MSN Auctions & Classifieds are set forth here. You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you represent and warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid. </p><p>It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the MSN Auctions & Classifieds: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; software; recordings of music on CD or cassette or in digital format; movies; video games; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in Microsoft's sole discretion, indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause Microsoft to violate any law, statute or regulation. </p><p> Microsoft reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. </p><p><a name="terms12"><b>MSN Photos</b></a></p><p> In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the MSN Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private community (for each such Picture available to members of such private community), (b) to the general public (for each such Picture available anywhere on the MSN Web Site, other than a private community), and/or (c) to any person with whom whom you share Pictures through e-mail using the MSN Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any MSN Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such MSN Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the MSN Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture." </p></td><td class="page" width="15"> </td></tr><tr valign="top"><td class="footer" colspan="4"><div class="container">©2001 Microsoft Corporation.  All rights reserved.  <a href="B/14/">Terms of Use</a>  <a href="B/1/">Advertise</a>  <a href="B/12/">TRUSTe Approved Privacy Statement</a>  <a href="B/M/">GetNetWise</a></div></td></tr></table></body></html>