Web Site Terms and Conditions

These terms and conditions (the "Rules") apply only to your use of the United Online, Inc. web site and all contents and materials contained on such web site (collectively, the "Site"). The terms and conditions for the sites and services of United Online's subsidiaries, including NetZero and Juno, can be found on the applicable subsidiaries' web site. By visiting the Site, you acknowledge and agree that you have read, understand and are bound by these Rules. If you do not agree to be bound by the Rules, you should discontinue your use of the Site.

Changes to the Rules Apply to You. Please review the Rules at the Site each time you visit since the Rules may have changed since you last visited. United Online may change the Rules and the Site, in whole or in part, at any time. Visitors agree that posting of the changed Rules on the Site will be notice of changes to them. Your continued use of the Site following any changes constitute your acceptance of all changes to the Rules. The Rules were last changed and posted on the Site on September 26, 2001.

Your Responsibilities. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as computer, modem and software) and communications services (including, without limitation, long distance or local telephone service) necessary to use the Site.

Unacceptable Uses. You will not defeat or disable any portion of the Site. You will not alter or block the display of any advertisement, banner or other promotional materials appearing on the Site. Any attempt to defeat or disable, or conduct that facilitates defeating or disabling, any functionality or alters the look, feel or functionality of the Site is prohibited. Any violations of United Online's system or network security are strictly prohibited.

Termination and Cancellation. United Online may terminate or cancel your use of the Site for any reason at any time. You understand and agree that discontinuing your use of the Site is your sole remedy with respect to any dispute or disagreement with United Online arising from the Site. Termination of your use of the Site will not excuse you from any criminal or other civil liabilities.

License; Ownership. The Site is for personal use and may not be copied, resold, leased, transferred, exchanged or bartered. United Online and its suppliers retain all title, rights (including, without limitation intellectual property rights) and interest in the Site.

Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. UNITED ONLINE'S DISCLAIMER OF WARRANTIES INCLUDES, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH THE SITE OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY UNITED ONLINE OR UNITED ONLINE'S REPRESENTATIVES, INCLUDING WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. UNITED ONLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. UNITED ONLINE DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SITE AT TIMES OR LOCATIONS OF THEIR CHOOSING.

Limitation of United Online's Liability. UNITED ONLINE SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL UNITED ONLINE BE LIABLE UNDER THE RULES OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT UNITED ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. UNITED ONLINE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL UNITED ONLINE'S LIABILITY TO YOU EXCEED THE GREATER OF US$1.00 OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO UNITED ONLINE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE USE OF THE SITE MAY BE BROUGHT BY YOU OR UNITED ONLINE MORE THAN 1 YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, UNITED ONLINE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification of United Online. You agree to defend, indemnify and hold United Online and its sponsors, partners or other co-branders and affiliates harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) (collectively, "claims") arising out of or relating to your breach of any of the Rules or use by you or any third party of the Site, except to the extent such claims directly result from United Online's own negligence. United Online reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for United Online in that matter.

Miscellaneous. Entire Agreement. These Rules (as may be modified by updated Rules on the Site) together constitute the sole agreement between United Online and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Los Angeles, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue. Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect. No Waiver. Any failure of United Online to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.