http://www.benstanfield.com/thrash/2005 ... rops_.html

AOL Eavesdrops, Grants Itself Permission To Steal Your AIM Conversations
[Welcome Slashdot readers. For more, check out my followup entry on the topic.]
AOL has some new "Terms of Service" for those who use their AOL Instant Messaging servers, and it's pretty crazy:

Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content. In addition, by posting Content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.
I'm keenly aware that by communicating with friends and colleagues via AIM, it's easy for someone to eavesdrop on our conversation. I know that anyone on the network can see what I'm passing back and forth, and thus try to not to have too many highly sensitive conversations via AIM. Nefarious observers of packets have always concerned me, but I never thought to be concerned that the company providing the service would share that information.

Millions of people use AIM as a tool to share incredibly personal stories and don't assume that their personal conversations will show up in AOL's marketing materials or other places, especially without their consent. AOL has created a basic expectation of privacy, while secretly sticking in their legal documents that there isn't any. That AOL even thinks it's ok for them to collect these millions of intimate personal conversations is bad enough, but that they grant themselves the right to broadly use such material is simply not acceptable.


-Sunny

Now I want to have a conversation only about everything bad I can think of about AOL. And half of it will be name calling. Invade that privacy, bitch!

I'm never making a joke about destroying/invading/spiking the water supply of/blowing up America via AIM again.

Although i would quite enjoy having some feds try and bust my house.

Perhaps what is most interesting is that's the immediate conclusion I drew from this thread, even though nowhere does it mention releasing conversations in the interest of national security

Anyone know if this affects Trillian or if they're able to skirt it?

Is that like gaim?
Anyone know if this affects gaim, for that matter?
*looks in Scott's direction*

http://www.eweek.com/article2/0,1759,1775649,00.asp



Who cares about work? What about that sick-ass session of cybersex that I had last night?

Yes, Trillian is something similar to GAIM. I don't know if this effect either of those.

I would think that if the program uses AOL's network then you're susceptible. But I haven't read the TOS so I'll just STFU, kthxbye.

heres the TOS that you agreed to when you installed it

TERMS OF SERVICE
----------------

YOU MUST AGREE TO THESE TERMS OF SERVICE TO USE AIM PRODUCTS. WHEN YOU INSTALL AIM YOU WILL BE GIVEN THE OPTION OF INSTALLING ADDITIONAL THIRD PARTY "SELECT COMPONENTS." TO USE SUCH COMPONENTS YOU MUST AGREE TO THE ADDITIONAL TERMS AND CONDITIONS FOR SUCH COMPONENTS THAT ARE APPENDED BELOW THE AIM TERMS OF SERVICE.

Agreements Index
----------------

AIM Terms of Service
WildTangent Software End User License Agreement
WeatherBug End User License Agreement

AIM TERMS OF SERVICE
--------------------

BY USING OR REGISTERING FOR AN AIM PRODUCT (DEFINED BELOW), YOU AGREE TO THESE TERMS AND CONDITIONS ("TERMS OF SERVICE") AND THE AIM PRIVACY POLICY LOCATED AT HTTP://WWW.AIM.COM/TOS/PRIVACY_POLICY.ADP. IF YOU OPT TO INSTALL ANY OF THE SELECT COMPONENTS DURING THE AIM DOWNLOAD PROCESS, BY DOING SO YOU AGREE TO THE ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO EACH SUCH SELECT COMPONENT, WHICH ARE APPENDED BELOW THESE AIM TERMS OF SERVICE.

YOU AGREE TO ACCEPT NOTICES ELECTRONICALLY.

Each time you use an AIM Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the AIM Products. You cannot use or sign up for AIM Products until you have accepted these Terms of Service. If you were an existing AIM user who registered with the Netscape Network, these Terms of Service supersede the Netscape Network's terms regarding your ongoing use of AIM. Additionally, if you are a user of Enterprise AIM products or co-branded AIM Products, additional terms and privacy conditions may apply to your use of AIM.

AIM PRODUCTS
For purposes of these Terms of Service, the term "AIM Products" shall mean AIM software (whether preinstalled, on a medium or offered by download), AIM services, AIM websites (including, without limitation, AIM.COM and AIMTODAY.COM) and all other software, features, tools, web sites and services provided by or through AIM from America Online, Inc. and its business divisions (e.g., Netscape) (collectively "AOL") and AOL's third-party vendors.

LATENT DISTRIBUTION OF COMPONENTS
The software components necessary for the full functioning of the AIM Products are provided to you through different mechanisms in order to ensure that the AIM download will be quick and convenient. Some of these components are downloaded concurrently with AIM and other components are installed at a later time when the AIM software detects that you have available bandwidth. In the latter case, a small piece of software may be installed initially with AIM that can then "call out" over the Internet to a web server and complete installation of the component on your computer when it is convenient for you or when you have requested use of a function of the AIM Products that requires such additional component.

ADDITIONAL TERMS AND CONDITIONS FOR OTHER SERVICES OR PRODUCTS
You agree and understand that certain AIM Products, features and other premium services offered by or through AIM (including services from AOL) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your AIM Screen Name or through an AIM Product shall constitute a breach of these Terms of Service.

MODIFICATION TO THE TERMS OF SERVICE
AOL may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the AIM Products. AOL will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the AIM Products and cancel your registration.

REQUIREMENTS FOR USE OR REGISTRATION OF AIM PRODUCTS
The AIM Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some AIM Products may require the user to register and provide information to AOL, such as name, e-mail address, gender, date of birth, zip code (the "Registration Information"). If you register for any AIM Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.

You will need a valid form of identification to use AIM Products, such as a valid screen name issued by AOL or such other forms of user identification authorized by AOL (collectively, "Screen Name"). You may use the Screen Name already assigned to you from AOL-authorized services, such as, AOL, CompuServe or Netscape. If you do not have a Screen Name, you can register for a screen name on the AIM service. You may not (1) select or use a Screen Name of another person with the intention of impersonating that person, (2) use a Screen Name of anyone else without authorization, (3) use a Screen Name in violation of the intellectual property rights of any person or (4) use a Screen Name that AOL considers in its sole discretion as being inappropriate.

INACTIVE STATUS
Unless you are a subscriber to an AOL fee-based subscription service (including, CompuServe, AOL or Netscape), you must use your Screen Names on a regular basis (e.g., log into an AIM Product) to keep your Screen Names and registration active. AOL may cancel the registration and Screen Names and delete any e-mail or data any AIM Product of any registered user who does not have a current subscription or who AOL has determined in its sole discretion has not used such Screen Name for a period of ninety (90) days. If your Screen Name is canceled, you will need to re-register for an AIM Product and obtain a new Screen Name to gain access to registration-based features and tools. If the Screen Name that you previously used and which was canceled has not been taken by another registered user of AIM or any affiliated service including, without limitation, AOL, CompuServe or Netscape, you may re-register with your canceled Screen Name. You agree that AOL may deactivate any free e-mail accounts offered by AIM that you do not use or visit for a period of thirty (30) consecutive days. You agree that AIM has no responsibility or liability for the deletion or failure to store any e-mail messages on such deactivated e-mail accounts. If your e-mail account is deactivated, you will need to reactivate an e-mail box or sign up a new account.

REGISTERED USER INFORMATION
The AIM Privacy Policy explains how AOL collects and uses information and the choices you have with that information. You consent to AOL using your registration information and other information collected by AOL under the terms of the AIM Privacy Policy.

By registering with or using AIM Products, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by AOL. Additionally, you agree that AOL may use the Screen Names and wallet services, or other similar technologies, to authenticate you on AIM, help store your registration and transaction-related information, and enable you to take advantage of offerings from AOL and its affiliated providers.

YOUR RESPONSIBILITY
You are responsible for all activity made by you or anyone you allow to use your AIM account and Screen Name, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use AIM while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless AOL for losses incurred by AOL or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using AIM Products.

You are responsible for any materials you post or make available on or through the AIM Products, including message board posts, chat participation and homepages.

COMMUNICATIONS
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the AIM Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access AIM are your responsibility. If you are accessing AIM through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.

YOU MAY USE AIM PRODUCTS FOR LAWFUL PURPOSES ONLY
You may use AIM Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in AOL's judgment, restricts or inhibits any other user from using or enjoying the AIM Products, including without limitation the community areas.

NO spam, BULK EMAIL OR BULK INSTANT MESSAGES
You may not use AIM Products including communication tools such as e-mail, instant messaging and chat services to send unsolicited bulk communications, including through e-mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about AIM users from AIM Products, including Screen Names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that AOL may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within AIM's networks.

CONTENT YOU MAY USE
AOL, its vendors and AIM users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on AIM Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by AOL or its vendors. You agree that you will not take any action to interfere with AOL's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

You may use Content available on the AIM Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

CONTENT YOU POST
You may only post Content that you created or which the owner of the Content has given you. You may not post or distribute Content that is illegal or that violates these Terms of Service. By posting or submitting Content on any AIM Product, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content on the AIM Product and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

Although you or the owner of the Content retain ownership of all right, title and interest in Content that you post to any AIM Product, AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating this Content. In addition, by posting Content on an AIM Product, you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. You waive any right to privacy. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.

NO DUTY TO MONITOR
AOL is not required to pre-screen Content available on the AIM Products, including the content of any messaging that occurs on or through the AIM service, although AOL reserves the right to do so in its sole discretion. AOL is not liable for Content that is provided by others. AOL reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but AOL is not responsible for any failure or delay in removing such material.

CHANGES TO THE SERVICE
AOL has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the AIM Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on AOL servers on your behalf either cumulatively or for any particular service or the availability of AIM Products on any particular device or communications service. AOL has no obligation to provide you with notice of any such changes.

AIM LICENSE TO YOU
AOL and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by AOL (including all software and services provided by a third-party vendor for AOL) in object code form only on any computer or device from which you wish to access the AIM service and all other AIM Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the AIM Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from AOL. AOL occasionally will provide automatic upgrades to improve your online experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the AIM service, the AIM Products, or any other AOL services. AOL or AOL authorized vendors may make available to you tools to enable you to indicate your AIM presence on your personal website ("Presence Indicators"). You may use such Presence Indicators to show your own presence on your own personal web page, but you may not use such Presence Indicators on a commercial website or to show the presence of others, nor may you create tools or use tools created by anyone other than AOL or an AOL authorized vendor to show AIM presence on any website. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that AOL's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by AOL may vary depending on your computer and other equipment.

RESTRICTIONS ON ACCESS TO OR USE OF AIM PRODUCTS
You may access AIM Products only through the interfaces and protocols provided or authorized by AOL. You agree that you will not access AIM Products through unauthorized means, such as unlicensed software clients, and that you will only use AIM Products in conjunction with AOL authorized products and components.

U.S. GOVERNMENT END USERS
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

EXPORT CONTROL
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from AOL, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.

NO SUPPORT BY AOL
You understand that your use of the Software is at your own risk and that AOL provides no assistance other than the information posted on the AOL Web site located at http://www.aim.com/help_faq/starting_out/getstarted.adp. AOL is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

THIRD-PARTY SERVICES
Third parties may offer from time to time applications or services to access AIM services and AIM Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. AOL does not represent and warrant that access and use of AIM Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the AIM Products at all times and locations of your choosing. You also agree that AOL is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make AIM Products accessible through these third-party applications.

COPYRIGHT INFORMATION
If you believe that your work has been copied and is accessible on an AIM Product in a way that constitutes copyright infringement, please visit the web page located at http://www.aol.com/copyright/infringement.html for instructions on how to contact AOL.

NO ENDORSEMENT
AIM Products may contain links to other web sites, resources and advertisers. AOL is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall AOL or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES. YOUR USE OF THE AIM PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE AIM PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, AOL AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE AIM PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AOL AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AIM PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE AIM PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AIM PRODUCTS AND SOFTWARE WILL BE CORRECTED. AOL AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AIM PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AOL PROVIDES THE AOL PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE AIM PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT AOL WILL HAVE ADEQUATE CAPACITY FOR THE AIM PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY. AOL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH AOL (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR AIM PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE AIM PRODUCTS AND SOFTWARE. AOL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE AIM PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH AIM PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AOL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. AOL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH AIM PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless AOL, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the AIM Products. AOL reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for AOL in that matter.

TERMINATION
AOL has the right to terminate your Screen Name, your registration, the Software license or your access to AIM Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). AOL may, but shall be under no obligation to, provide you a warning prior to termination of your use of the AIM Products.

TRADEMARKS
All trademarks appearing on the AIM Products are the property of their respective owners, including, without limitation, America Online, Inc. and Netscape Communications Corporation.

PURCHASES AND PREMIUM SERVICES
AIM may from time to time give you the opportunity to purchase or subscribe to products and premium services on AIM (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement.

You can go to "My Account" on the AIM Product to get information about billing or to determine the status of your bill and the amount of any surcharge.

Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.

YOUR PAYMENT RESPONSIBILITIES
You must select a payment method to pay for your fees for any Premium Service and for all purchases made from AIM Products. You must give AOL accurate billing and payment information and keep this information up-to-date through the "My Account" area on AIM Today. You agree to pay AOL for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize AOL to charge your designated payment method for these charges. If AOL does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by AOL or its operators.

Every time you use an AIM Product, you reaffirm that (i) AOL (or its designated vendor acting as AOL's billing agent) is authorized to charge your designated payment method; (ii) AOL may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone on your account.

You must notify AOL's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to AOL's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

SUBSCRIPTION PLANS
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or AOL otherwise terminates your subscription. Also, under most subscription plans, AOL will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or AOL otherwise terminates your subscription.

ELECTRONIC DELIVERY POLICY
AOL, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY AIM PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM AOL ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that AOL generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to AOL during registration or (2) AOL may post Notices on a welcoming screen or top page of the relevant AIM Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of AIM.com or AIMToday.com. The delivery of any Notice from AOL is effective when sent by AOL, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

MISCELLANEOUS
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the AIM Products.

B. These Terms of Service and any operating rules for any areas of functionality of the AIM Products established by AOL constitute the entire agreement between AOL and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific AIM Product, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the AIM Products resides in the courts located in the Commonwealth of Virginia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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WILDTANGENT SOFTWARE END USER LICENSE AGREEMENT
-----------------------------------------------

Welcome to the WildTangent License Agreement ("License"), which describes the terms and conditions which apply to your use of WildTangent software and related services and documentation ("Software"). Please note that this License is a legally binding agreement between you and WildTangent, Inc. ("WildTangent"), by using this Software, you agree to be bound by this License. If you do not agree with the License, please do not install the Software or discontinue using the Software and uninstall it pursuant to the procedures identified below.
Also note that this License is subject to revision by WildTangent from time-to-time and that your continued use of the Software will be subject to any such terms and conditions revisions. Accordingly, please review the License periodically (which is available on WildTangent's website at http://www.wildtangent.com/aim_eula ) to ensure that you are familiar with any revisions and that they are acceptable to you.

1. Grant of Limited License.

Subject to the terms and conditions of this License, WildTangent hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, personal and limited license solely to install and use the Software on a single computer to view or interact with content, such as artwork, pictures, text, video, audio, media files, programs, or applications, accessed by the Software including without limitation, any files in a WildTangent file format ("Content").

2. Restrictions on Limited License.

Please note that this License does not authorize you to use the Software or any Content in any manner other than as expressly set forth in this License. You also specifically agree to not:

* use the Software or any Content for any commercial purpose.
* install or use the Software or any Content on more than one computer at a time. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
* view any Content by any means other than by use of the Software.
* decompile, reverse engineer, disassemble or otherwise deconstruct the Software, or any Content, except to the extent expressly mandated by applicable law or authorized by WildTangent's prior written agreement.
* modify, rent, lease, loan, sublicense, distribute, transmit, share (over a network or otherwise) or create derivative works based upon, the Software or any Content, or assign or otherwise transfer your rights under this License, except pursuant to a WildTangent Distribution License Agreement executed by WildTangent.
* disable, uninstall or otherwise impair the functionality of the Software, in whole or in part, except through implementation of the uninstall instructions provided below.

3. Updates.

The Software makes use of your computer's most advanced hardware accelerated media capabilities, and as such its stability is vulnerable to changes in your computer's configuration such as operating system patches, video driver changes, browser updates, etc. To ensure a consistent and high quality experience, the Software periodically checks online with WildTangent support databases for software updates and patches. Users of the Software are offered a selection of update management options at install time. After installation, users can change these update settings through the Web Driver Control Panel, which can be accessed from the Windows Control Panel. WildTangent may choose not to support Software that does not contain all available updates, in which case you may not be able to view all Content and Software functionality may be compromised. WildTangent may, but is not required to provide you updates to the Software, and to the extent WildTangent does provide updates to the Software, the updates and the updated Software will be subject to all the terms and conditions of this License, as revised from time-to-time, or any additional License accompanying the updates.

4. Title.

Title, ownership, rights, and intellectual property rights, including any patent rights, in and to the Software, will remain in WildTangent and its licensors or suppliers, and title, ownership rights and intellectual property rights in and to the Content will be retained by the applicable owner of the Content. WildTangent and its licensors and suppliers reserve all rights not expressly granted to you, including without limitation copyright and other intellectual property rights. WildTangent's licensors and suppliers are intended third party beneficiaries of this License and have the express right to rely upon and directly enforce its terms.

5. Warranty.

WildTangent warrants to you that the media or computer file that contains the Software or Content will be uncorrupted when you receive it. If any portion of the Software, WildTangent Files or Content is corrupted when you receive it, your exclusive remedy, and WildTangent's entire liability in contract, tort, or otherwise, will be to use commercially reasonable efforts to provide uncorrupted media or an uncorrupted file to you or, in WildTangent's sole discretion, to reimburse you the amount paid by you to WildTangent for the Software.
Warranty Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 5, WILDTANGENT MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY. WILDTANGENT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. WILDTANGENT DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SOFTWARE, WILDTANGENT FILES OR CONTENT. WILDTANGENT DOES NOT WARRANT THAT THE SOFTWARE, WILDTANGENT FILES OR CONTENT ARE ERROR-FREE OR THAT OPERATION OF THE SOFTWARE OR CONTENT WILL BE SECURE OR UNINTERRUPTED. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF WILDTANGENT TO ANY THIRD PARTY.

6. Limitations of Liability.

Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WILDTANGENT AND ITS SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE, WILDTANGENT FILES OR CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WILDTANGENT HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WILDTANGENT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS LICENSE (REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WILDTANGENT FOR THE SOFTWARE AND CONTENT.

7. Termination.

Your rights under this License will terminate automatically if you fail to comply with any of the terms and conditions of this License. No notice will be required from WildTangent to effectuate such termination. Upon termination, you must destroy all copies of the Software.

8. Export Controls.

You are responsible for complying with all trade regulations and laws both foreign and domestic. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing, or using the Software, you are agreeing to the foregoing and you are representing and warranting that (i) you are not located in, under the control of, acting on behalf of, or a national or resident of any such country or on any such list and (ii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

9. Indemnification.

You agree to indemnify, defend and hold WildTangent and its officers, directors and employees harmless from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have violated any term or condition of this License or have breached any representation made by you in connection with the grant of this License. If you are importing the Software from the United States, you will indemnify and hold WildTangent harmless from and against any import and export duties or other claims arising from such importation or exportation.

10. U.S. Government End Users.

The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, and all U.S. Government End Users acquire the Software with only those rights set forth in this License.

11. Feedback.

Any comments or materials sent to WildTangent including feedback data, such as questions, comments, suggestions, or the like regarding the Software, Content or any other products or programs of WildTangent, or proposed products or programs (collectively "Feedback"), will be deemed to be non-confidential. WildTangent will have no obligation of any kind with respect to Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, WildTangent will be free to use any ideas, concepts, know-how or techniques contained in Feedback for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating Feedback.

12. Privacy.

Our policies regarding personal and other information collection are available for review at http://www.wildtangent.com/aim_privacy/.
WildTangent's Privacy Policies may be updated from time to time and by your election to use the Software you indicate your acceptance of their terms, as so revised, so please review the Policies carefully and regularly check the WildTangent website to review updates.

13. Miscellaneous.

This License Agreement constitutes the complete and exclusive agreement between you and WildTangent, and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License. Any rights not expressly granted in this License are reserved. If any provision of this License is held to be unenforceable for any reason, the provision will be reformed only to the extent necessary to make it enforceable, and the decision will not affect the enforceability of the remaining provisions. This License will be governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington, USA. Any and all unresolved disputes arising under this License will be submitted to arbitration in King County, Washington, USA. The arbitration will be conducted under the rules then prevailing of JAMS/Endispute. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. You acknowledge that a violation of this License may cause irreparable harm to WildTangent, and you agree that, in addition to any other remedies provided by law, WildTangent will be entitled to seek injunctive relief against any such violation without having to post a bond. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

© 2004 WildTangent, Inc. and/or its suppliers. 18578 NE 67th Court, Building 5, Redmond, WA 98052 U.S.A. All rights reserved. WildTangent and the WildTangent logo are trademarks of WildTangent, Inc.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE.

IF YOU HAVE ANY QUESTIONS OR CONCERNS DO NOT INSTALL THE SOFTWARE, INSTEAD CONTACT WILDTANGENT AT http://www.wildtangent.com. IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, DISCONTINUE ITS USE AND UNINSTALL THE SOFTWARE BY GOING TO THE WINDOWS CONTROL PANEL, AND USING THE STANDARD ADD OR REMOVE PROGRAMS FEATURE. PLEASE NOTE THAT IF YOU UNINSTALL THE SOFTWARE, IN WHOLE OR IN PART, IN ANY OTHER MANNER, YOU MAY ADVERSELY AFFECT YOUR COMPUTER'S FUNCTIONALITY.
Version: WT-07-08-04-AIM



======================================================================

WEATHERBUG END USER LICENSE AGREEMENT
-------------------------------------

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT.

Please read the following terms and conditions before using the software (the "Software") provided by AWS, Inc. ("AWS") for use with AWS WeatherBug products and related services (the "Services"). If you do not agree with these terms, do not install or use the Software.

1. LICENSE GRANT. AWS grants to you a non-exclusive license to use the Software as described below.
1.1 You may:
1.1.1 use the Software on any single computer;
1.1.2 copy the Software without modification for distribution to third parties free of charge; and
1.1.3 copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
1.2 You may not:
1.2.1 permit other individuals to use the Software except under the terms listed herein;
1.2.2 permit concurrent use of the Software;
1.2.3 modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
1.2.4 copy the Software other than as specified above;
1.2.5 rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software; or
1.2.6 remove any proprietary notices or labels on the Software.
1.2.7 compile and/or re-distribute the digital images, videos, graphic elements, or weather data, historical or current, for any purpose other than private or educational use. As used herein, "educational use" shall mean use by a school or educational facility solely for the purpose of educating the students enrolled therein.

2. "AS IS" WARRANTY.
2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
2.2 More specifically, AWS does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. AWS does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.AWS does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Software and the Services.
2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed by the Software, and the Services shall remain in AWS and/or its licensors. The data, Software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content.

4. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control.

5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.

6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AWS and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is AWS, Inc., 2-5 Metropolitan Court, Gaithersburg, MD 20878.

9. THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.

10. ADVERTISING. The Software is provided for your use, as described above, free of charge, and is supported by advertising revenue. Separate, "ad-free" versions of the Software are available for download by accredited schools for use on in-school computers and by all users by subscribing to WeatherBug Pro. The School WeatherBug(tm) will be customizable for individual schools, and be free of interactive banner advertisements, but may display static tiles from our Education Partners/Sponsors. To find out how to get a copy of the School Software, contact schools@WeatherBug.com.

Anything relevant in there?

dude, i just fucking posted it, i didnt read it, duh

I'm not fucking reading it. You read it.

i think kumar should read it, he'll read anything

Alright, I read it.



They have the right to "perform" your posts.

i knew youd give in


so you see kids, aol aint stealing shit off of you, you agreed to their terms to use their product

Haha Whoops.

all i need to say is screw weatherbug.

The new TOS only applies if you installed AIM after a certain date, I believe sometime last month.

Then they'll getcha here:

Yes, but they can't alter the terms you agreed to. That just says they can alter the service they provide.