[Solar-general] MSN Website Terms of Use and Notices

[Gerardo Díaz]

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El comentario de Diego me movilizó a ver que pitos de convenio tengo con
M$. Creo que voy a poner más empeño para salir de este lugar,
repentinamente los emails que podría llegar a perder ya no me parecen
tan importantes. Esto apesta!


MSN Website Terms of Use and Notices

Last Updated: February 2004

1. THIS IS AN AGREEMENT BETWEEN YOU AND MICROSOFT

This is an agreement ("Agreement") between you and Microsoft Corporation
(or, if applicable based on where you live, one of its affiliates)
("Microsoft"). This Agreement governs your use of any Web site or Web
page operated by Microsoft (each, a "MSN Web Site," and collectively,
the "MSN Web Sites"). You represent that you are at least 18 years of
age and have attained the age of majority in the province, state or
country in which you reside, and any information that you submit is correct.
MICROSOFT OFFERS THE MSN WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE
WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE MSN WEB SITES
CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See
Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE
PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW MICROSOFT MAY MODIFY THIS AGREEMENT

Microsoft reserves the right to change the terms, conditions, and
notices under which it offers the MSN Web Sites, including any charges
associated with the use of the MSN Web Sites. You are responsible for
regularly reviewing these terms, conditions and notices, and any
additional terms posted on any MSN Web Site. Your continued use of the
MSN Web Sites after the effective date of such changes constitutes your
acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any MSN Web Site may itself contain additional terms (for example, codes
of conduct or guidelines) that further govern use of that MSN Web Site,
including without limitation, particular features or offers (for
example, sweepstakes). If any terms contained in this Agreement conflict
with any terms contained within a MSN Web Site, then the terms in this
Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE MSN WEB SITES

The MSN Web Sites are only for your personal use. You will not use the
MSN Web Sites for commercial purposes. You will not use the MSN Web
Sites in any way that is unlawful, or harms Microsoft, its affiliates,
resellers, distributors, service providers and/or suppliers (each, a
"Microsoft Party" and collectively, the "Microsoft Parties") or any
customer of a Microsoft Party, as determined in Microsoft's sole
discretion. Microsoft may tell you about certain specific harmful uses
in a code of conduct or other notices available through a MSN Web Site,
but has no obligation to do so. You may not use the MSN Web Sites in any
way that breaches any code of conduct, policy or other notice applicable
to the MSN Web Sites. Without limiting the generality of this section,
you may not use the MSN Web Sites in any manner that could damage,
disable, overburden, or impair any MSN Web Site (or the network(s)
connected to any MSN Web Site) or interfere with any other party's use
and enjoyment of the MSN Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the MSN
Web Sites to transmit, either directly or indirectly, any unsolicited
bulk e-mail or unsolicited commercial e-mail. You will not use the MSN
Web Sites in any way that violates the Microsoft Anti-Spam Policy. You
may view the Anti-Spam Policy at privacy.msn.com/anti-spam. A breach of
any part of the Anti-Spam Policy is a breach of this Agreement.
Microsoft may use filtering technology or other measures in its efforts
to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and
if your use of the MSN Web Sites includes e-mail related services, then
such filtering technology or other measures may block, either
temporarily or permanently, some e-mail sent to you through the MSN Web
Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to Microsoft related to the
MSN Web Sites (a "Submission"), you grant Microsoft permission to (1)
use, copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, modify, translate and reformat your Submission, each in
connection with the MSN Web Sites, and (2) sublicense these rights, to
the maximum extent permitted by applicable law. Microsoft will not pay
you for your Submission. Microsoft may remove your Submission at any
time. For each Submission, you represent that you have all rights
necessary for you to make the grants in this section. To the maximum
extent permitted by applicable law, Microsoft may monitor your e-mail,
or other electronic communications and may disclose such information in
the event it has a good faith reason to believe it is necessary for
purposes of ensuring your compliance with this Agreement, and protecting
the rights, property, and interests of the Microsoft Parties or any
customer of a Microsoft Party.

7. SOFTWARE

Your use of any software associated with the MSN Web Sites will be
governed by the terms and conditions of the end user license agreement
("EULA") accompanying such software. If you receive any software that is
not accompanied by a EULA, then Microsoft grants to you a non-exclusive,
revocable, personal, non-transferable license to use such software
solely in connection with the MSN Web Sites and in accordance with this
Agreement. Microsoft reserves all rights to such software not expressly
granted to you in this Agreement. Such software is protected by
copyright and other intellectual property laws and treaties. Microsoft
or its suppliers own the title, copyright, and other intellectual
property rights in such software, and such software is licensed, not
sold. You will not disassemble, decompile, or reverse engineer, such
software, except and only to the extent that such activity is expressly
permitted by applicable law. Microsoft may automatically check your
version of such software and may automatically download upgrades to such
software to your computer to update, enhance and further develop the MSN
Web Sites.

8. INFORMATION AVAILABLE FROM THE MSN WEB SITES

Microsoft and its suppliers do not warrant or guarantee the accuracy or
timeliness of any information available from the MSN Web Sites including
stock quotes, even if such information appears in any e-mail, pager,
cell phone or other alerts available through the MSN Web Sites.
Microsoft and its suppliers do not authorize the use of information
available from the MSN Web Sites including stock quote or other
financial 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. Microsoft is not a
broker/dealer or registered investment advisor under United States
federal securities law or securities laws of other jurisdictions, and
does not advise individuals as to the advisability of investing in,
purchasing or selling securities or other financial products or
services. Nothing contained in the MSN Web Sites constitute an offer or
solicitation to buy or sell any security. Microsoft does not endorse or
recommend any particular product or service, including financial
products or services. Nothing contained in the MSN Web Sites is intended
to constitute professional advice, including but not limited to,
investment or tax advice.

9. MICROSOFT MAKES NO WARRANTY

MICROSOFT PROVIDES THE MSN WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS
AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE MICROSOFT PARTIES MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MICROSOFT PARTIES
DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND
IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS
TO OR USE OF THE MSN WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY MICROSOFT PARTY BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING
FROM THIS AGREEMENT OR YOUR USE OF THE MSN WEB SITES, EVEN IF SUCH
MICROSOFT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL
PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1)
BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY
OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE
NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE MSN
WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE
ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY MICROSOFT PARTY WITH
RESPECT TO THIS AGREEMENT OR THE MSN WEB SITES, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MSN WEB SITES.

11. CHANGES TO THE MSN WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE MICROSOFT PARTIES MAY CHANGE THE MSN WEB SITES OR DELETE FEATURES IN
ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the MSN Web Sites,
you should expect to receive, access or use information, materials,
graphics, software, data and content (collectively, "Content")
originated by Microsoft and persons other than Microsoft (any such
person is referred to as a "Third Party"). WITHOUT LIMITING THE
GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE
MICROSOFT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT,
INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE,
INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL
CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN
ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU
ACKNOWLEDGE AND AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR
(1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO
OR USE OF THE MSN WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE MSN WEB
SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY
DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR
COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE MSN
WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS
OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY
SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE MSN
WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10
AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY
PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

Microsoft may terminate this Agreement, or terminate or suspend your
access to the MSN Web Sites at any time, with or without cause, with or
without notice. Upon such termination or suspension, your right to use
the MSN Web Sites will immediately cease. UPON SUCH TERMINATION OR
SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE MSN WEB SITES MAY NOT
BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with Microsoft Corporation, claims for enforcement,
breach or violation of duties or rights under this Agreement will be
adjudicated under the laws of the State of Washington, without reference
to conflict of laws principles. If this Agreement is with a Microsoft
affiliate, claims for enforcement, breach or violation of duties or
rights under this Agreement will be adjudicated under the laws of the
place of incorporation for such Microsoft affiliate, without reference
to conflict of laws principles. All other claims, including, without
limitation, claims under or for violation of consumer protection laws,
unfair competition laws, and in tort, will be adjudicated under the laws
of your state of residence in the United States, or, if you reside
outside the United States, under the laws of the country to which the
subject MSN Web Sites are directed. If this Agreement is with Microsoft
Corporation, you hereby irrevocably consent to the exclusive
jurisdiction and venue of state or federal courts in King County,
Washington, USA in all disputes arising out of or relating to the use of
the MSN Web Sites. If this Agreement is with a Microsoft affiliate, you
hereby consent to the exclusive jurisdiction and venue of the courts
located in the place of incorporation for such Microsoft affiliate in
all disputes arising out of or relating to the use of the MSN Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law, 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 this Agreement will continue in
effect. Microsoft may assign this Agreement, in whole or in part, at any
time with or without notice to you. You may not assign this Agreement,
or assign, transfer or sublicense your rights, if any, in the MSN Web
Sites. Except as expressly stated herein, this Agreement constitutes the
entire agreement between you and Microsoft with respect to the MSN Web
Sites and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and
Microsoft with respect to the MSN Web Sites. The section titles in the
Agreement are solely used for the convenience of the parties and have no
legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND MICROSOFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE MSN WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the MSN Web Sites are Copyright © 2004 Microsoft
Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington
98052-6399 U.S.A. All rights reserved. Microsoft, MSN, MSN logo
(butterfly), and/or other Microsoft products and services referenced
herein may also be either trademarks or registered trademarks of
Microsoft in the United States and/or other countries. The names of
actual companies and products mentioned herein may be the trademarks of
their respective owners. 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. Any rights not expressly
granted herein are reserved. Certain software used in certain MSN Web
Sites servers is based in part on the work of the Independent JPEG
Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
"gnuplot" software used in certain MSN Web Sites servers is copyright ©
1986-1993 Thomas Williams, Colin Kelley. All rights reserved. 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 en csidata.com

17. OTHER NOTICES

Stock Quotes and E-mail Alerts

Stock quotes appearing on the MSN Web Sites 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.

All information provided by S&P ComStock, Inc. ("ComStock") and its
affiliates (the "ComStock Information") included in the MSN Web Sites 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.

Third Party Account Information

By using the "My Accounts" service through the MSN Web Sites, 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.

MSN Bill Pay Service Terms of Use and Privacy Statement

The MSN Bill Pay service is provided by a third party service provider.
Click here to view the third party service provider's terms and
conditions for use of the MSN Bill Pay service. Click here for the
privacy policy applicable to how the third party service provider
handles your data for the MSN Bill Pay service.

Parental Controls

Microsoft offers parental control protections that help you limit access
to material that is harmful to minors. If you are interested in learning
more about these protections, information is available at
http://family.msn.com/onlinesafetyguide or other similar sites providing
information on parental control protections.

18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

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

19. FOR INFORMATION REGARDING THE MSN.COM PRIVACY STATEMENT CLICK HERE.
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