NETSCAPE® INTERNET SERVICE TERMS OF SERVICE

We are pleased to provide the Netscape Internet Service, a residential Internet service complete with email services, personal home page hosting and additional premium services as they are made or become available. Netscape provides access to the Internet across Canada allowing members to use the leading web browsers and email applications of their choice. Netscape provides an "accelerated" Internet dial service using web acceleration technology offered either as a premium service or as part of a complete pricing bundle to provide a faster web browsing experience. Netscape Internet Service is provided by AOL Canada Inc. according to the Netscape Terms of Service ("TOS") set out below which is comprised of: The Netscape Member Agreement

  1. Basics of Your Netscape Membership
  2. Charges and Billing
  3. Online Content and Conduct
  4. Software Licenses
  5. Warranty
  6. Indemnification
  7. Termination and Cancellation
  8. Law and Legal Notices
  9. Contacting AOL Canada
The Netscape Community Guidelines
  1. Appropriate Online Content
  2. Proper Online Conduct
  3. Illegal Behaviour
  4. Unsolicited e-mail
  5. Protection of Copyrights and Trademarks
  6. Content and Behaviour on the Internet
The Netscape Privacy Policy
  1. We Do Not Read Your Private Communications
  2. We Do Not Gather or Use Any Information About Where You Go Personally On Netscape or the Web
  3. Privacy Regarding Your Personal Information and how to update or correct it
  4. Safeguards for Your Personal Information
  5. Notice About Our Privacy Policy and Updates

THE NETSCAPE® MEMBER AGREEMENT

The Netscape Member Agreement ("Agreement" or "Member Agreement") is a legal document that details your rights and responsibilities as a Netscape member or subscriber to one of our fee-based, Internet connectivity services (each, a "Service"). You cannot become a Netscape Member until you have accepted the terms of the Agreement. The Agreement provides very important information about your Netscape membership, so you should take the time to read and understand it. If you have questions about the Member Agreement, or about your rights and responsibilities as a Netscape member, please contact us by e-mail at netscapecanada@netscape.ca or support.netscape.ca. . Except as otherwise indicated, "Netscape", "AOL Canada", "we", "our" or "us" means AOL Canada Inc., its affiliates and parent companies.

You should also take the time to review the Netscape Privacy Policy and the Netscape Community Guidelines which reflect the Company's current policies. The Internet and online world are changing rapidly and as technology and the Company's business continue to evolve, these policies may have to be updated or revised. Since the Privacy Policy and Community Guidelines may change, you should check for the most current versions.

For the same reasons, it may be necessary for the Company to update or revise certain provisions of the Member Agreement. By joining Netscape and accepting the Member Agreement you agree that the Company may change the terms of this Member Agreement. If the Company makes material changes or revisions to the Member Agreement, we will provide notice to you a reasonable time in advance by means of permitted electronic communication. If you don't agree to the changes proposed by the Company or to any of the terms in this Member Agreement, your only remedy is to cancel your Netscape membership.

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1. BASICS OF YOUR NETSCAPE MEMBERSHIP

This Agreement is your entire agreement with the Company (or its successors and assigns) and governs your use of the Netscape Internet Service (hereinafter referred to as "Netscape" or "the Service"). To access Netscape, you must accept the terms of this Agreement and comply with the Netscape Community Guidelines. To be a Netscape member, you must be at least 18 years old. If you are not yet eighteen years old, you may still use Netscape, but only if the account and any additional email addresses were created and registered by your parent or guardian. Because we may give out trial offers (such as a free trial), we reserve the right to limit you to just one trial membership.

When you accept this Agreement and complete the Netscape registration process, you become the "Principal Account" holder, and AOL provides you with a limited, non-exclusive license for no more than the term of your membership to use the user name ("User Name") you select for your "Principal Account" and the email addresses belonging to that Principal Account. Only the Principal Account can connect to the Internet via the User Name and password. Your User Name will match the primary email address on the Principal Account and therefore is your email identity. You may not use a User Name or any email address that is used by someone else on Netscape, and your User Name or email address cannot be vulgar, or be used in any way that violates the other parts of the Member Agreement or the Community Guidelines.

As the Principal Account holder, you are responsible for all activity by you or people you give permission to use the Principal Account, and all email addresses under that account. The primary email address, matching the User Name for the Principal Account will receive warnings related to all email addresses on the Principal Account. Violations or warnings accrued by the additional email addresses can lead to termination of the Principal Account. You may also receive important notices about your membership from time to time that may not be provided to the additional email addresses, so it is important for you to regularly check your Principal Account mailbox. Because you are responsible for all use of your Principal Account, you should supervise the use of your Principal Account and any additional email addresses by others. This is especially important when children are using Netscape; children are safer online and get more out of the experience with adult supervision. It is important that you not reveal your password to other users and the Company will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold the Company harmless for any improper or illegal use of your Principal Account and additional email addresses. This includes illegal or improper use by someone to whom you have given permission to use your Principal Account and additional email addresses under that account. Your Principal Account is at risk if you let someone use it inappropriately. If your membership is terminated for violating this Agreement or the Community Guidelines, the Company's express permission will be necessary before you are allowed to use Netscape again.

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2. CHARGES AND BILLING

Important information about your membership, including your billing history, price plans, and methods of payment, is continually updated and always available to you online at www.netscape.ca/myaccount. The Company reserves the right to change its fees or billing methods at any time and the Company will provide notice of any such change a reasonable time in advance in the same manner described above for changes to the Member Agreement. The Company has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply even during a trial period. The answers to many common billing questions can be found by accessing support.netscape.ca or by contacting a Netscape customer service representative. If you don't like the changes in fees or billing methods, you may cancel your membership at any time, but the Company will not refund any remaining portion of the monthly fee when you cancel your membership. If you have joined Netscape as a trial member, you should understand that your trial time must be used within specified time from your sign-on and to avoid being charged a membership fee, you must cancel your account before the end of trial.

As the Principal Account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your Principal Account and any additional email address under that Account, including your children, other members of your family or friends. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized to use your Principal Account or additional email addresses, you will be responsible for all usage and purchases under your Principal Account. Billing for the Netscape Service begins when the registration of your Principal Account is completed.

There may be extra charges to access certain premium services. AOL will provide notice of any extra charges. You are responsible for any charges incurred using your Principal Account and any additional email address. Some web sites charge separate fees, which are not included in the cost of your Netscape membership. AOL may provide access to a large number of third-party vendors, who provide content, goods and or services on the Netscape service. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for your Netscape membership.

At this time, most members pay by credit card. For most billing plans we will be charging your designated credit card every month, but some charges may accumulate on your Principal Account before they are charged to your credit card. If you do not have a credit card, you can authorize AOL to make a pre-authorized debit from your chequing account (the "PAD Agreement"). By selecting this billing option and providing AOL with your bank account information, you authorize the Company to debit your bank account for any and all membership fees, usage fees, charges or surcharges incurred using Netscape. In some circumstances, AOL may need to transfer or assign your PAD Agreement to another party for processing of your payments, and you hereby consent to that transfer or assignment. Every time you use Netscape, you re-affirm that the Company is authorized to charge your credit card or withdraw funds via pre-authorized debit from your bank account, depending on which payment method you have selected.

We expect you to pay your account balance on time. We will give you 30 days from the date on your account statement to pay your bill. The Company will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that the Company may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know 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. AOL has an extensive network of access numbers throughout the country, but it is still possible that the nearest Netscape access number might be a long distance or toll call from your location. Any telephone charges incurred connecting to Netscape are your responsibility. Since these charges are your responsibility, you should contact your local telephone company if you have a question about whether a Netscape access number is a long distance or toll call from your location. AOL may in the future provide several surcharged 800 or 888 access numbers for which the intended surcharge is $0.10 (Cdn) per minute, or $6.00 (Cdn) per hour, for the entire time you are connected using these numbers. If you choose to use these surcharged numbers to access Netscape, you agree to pay the then applicable surcharge to AOL. If you have other questions about access numbers, you should consult support.netscape.ca or call Member Services. It is important to note that you can incur long distance or toll charges or surcharges for 800 or 888 access and even during a trial period.

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3. ONLINE CONDUCT AND CONTENT

CONTENT

By content, we mean the text, software, communications, images, sounds, and other information provided online. Most or all of content viewed by Netscape members will be generally-available information accessed for your personal use via the Internet. Some content on the Service may be provided by AOL, our members, our affiliates, or independent content providers under license. In general, AOL does not pre-screen content available on the Service. The Company does not assume any responsibility or liability for content that is provided by others. The Company does reserve the right to remove content that, in its judgment, does not meet its standards or does not comply with the Netscape Community Guidelines, but the Company is not responsible for any failure or delay in removing such material. Keep in mind that AOL is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to the Company or its Netscape members.

As a Netscape Member, you agree to follow the Netscape Community Guidelines and you acknowledge that the Company has the right to enforce them in its sole discretion. This means that if you, or anyone using your Principal Account or any of the email addresses in that Principal Account, violates the Netscape Community Guidelines, the Company may take action against your Principal Account. This can range from the issuance of a warning about a violation to the termination of your Principal Account and any additional email address. You understand the Company is not required to provide notice prior to terminating your account for violating these rules and standard, but it may choose to do so. Additionally, as a Netscape member, you may have access to premium services and that are available to both members and to other Internet users. When using these premium services, your conduct remains subject to this Member Agreement; however, non-members who use these other services are not subject to this Member Agreement and as a result you understand that these other users may not be governed by the same rules or standards. Because of the changing nature of the Internet and online services, the Netscape Community Guidelines may change at any time. You can always find the most current version of the Netscape Community Guidelines at www.join.netscape.ca.

UNSOLICITED BULK E-MAIL

Your Netscape membership allows you to send and receive e-mail to and from other Netscape subscribers and users of the Internet. This does not mean that you may use Netscape to send unsolicited bulk e-mail or junk e-mail. Your Netscape membership and your authorization to use the Netscape e-mail service do not allow you to send unsolicited bulk e-mail or to cause unsolicited bulk e-mail to be sent by someone else. You may not use any member directory or any other area of Netscape to harvest or collect information, including User Names, about Netscape members, and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Any violation of these provisions can subject your Principal Account and any additional email addresses to immediate termination and further legal action. If you have received junk e-mail and want to report it, simply use the "Forward" button on the e-mail screen and send the e-mail to spam@netscape.ca.

The Company also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the Netscape network.

PROPRIETARY RIGHTS

Much of the content available on our Service or accessible via the Internet is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights, and also may have security components that protect digital information. It is very easy to copy things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal. Any content that you upload or download while using the Service must be authorized; this means you must have the legal right to upload or download the content, and only for personal, non-commercial purposes. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find on Netscape, unless you have the legal right to do so. You agree that you will not take any action to interfere with AOL's or other' 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 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, non-commercial use. Making unauthorized copies of any content found on the Service can lead to the termination of your Principal Account and any additional email address and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to hold harmless AOL and its subsidiaries, affiliates, related companies, third party suppliers, employees, officers, directors and agents.

Bear in mind that areas in the Internet are "public," and that future areas of the Service like message boards, personal home Web pages, forums, or chat sites will be public. By submitting or posting content there, you are or would be representing that you are the owner of such material, or have authorization to distribute it. Once you post content, you expressly grant the Company and other Netscape Members the complete right to use, reproduce, modify, distribute, etc. the content in any form, anywhere.

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4. SOFTWARE LICENCES

AOL provides you with a limited license to use various software packages and other online applications ("Software") which you agree to use in accordance with these rules. You may not sub-licence, or charge others to use or access, the Software without first obtaining written permission from us. We may occasionally provide automatic upgrades to improve your online experience, and we may provide virus-screening technology, although these upgrades may not be consistent across all platforms and devices, to assist in the protection of our network and our members. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services. We reserve the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat Netscape's automatic log-off feature.

AOL grants to you a non-exclusive, limited license to use AOL Software, Netscape Software and third party software ("Software") to connect to Netscape from authorized locations in accordance with this Agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, the Software. You may not modify the Software or use it in any way not expressly authorized by this Agreement. You understand that the Company's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by the Company may vary depending on your computer and other equipment.

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5. WARRANTY

MEMBER EXPRESSLY AGREES THAT THE USE OF NETSCAPE, AOL SOFTWARE, NETSCAPE SOFTWARE AND THIRD PARTY SOFTWARE ("SOFTWARE") AND THE INTERNET ARE AT MEMBER'S SOLE RISK. THE SOFTWARE, NETSCAPE PRODUCTS, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AOL PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT AOL WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AGAINST AOL, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS AND ANY THIRD PARTY SUPPLIER OF SOFTWARE WITH RESPECT TO THE USE OF SOFTWARE PROVIDED OR USED BY AOL AND ANY THIRD PARTY SUPPLIER OR ANY PRODUCTS, SERVICES, OR FEATURES OFFERED BY AOL AND ANY THIRD PARTY SUPPLIER SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE. IN NO CASE SHALL AOL, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS AND THIRD PARTY SUPPLIERS BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE, NETSCAPE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR NETSCAPE MEMBERSHIP. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, AOL 'S AND ANY AFFILIATE, SUBSIDIARY, EMPLOYEE, DIRECTOR, OFFICER, AGENT OR THIRD PARTY LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. AOL, ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THIRD PARTY SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH NETSCAPE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, 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. MEMBER AGREES THAT ALL OF THE THIRD PARTIES REFERRED TO ABOVE ARE ENTITLED TO RELY UPON THE ABOVE WARRANTY.

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6. INDEMNIFICATION

Upon a request by the Company, you agree to defend, indemnify and hold harmless AOL and its affiliates, subsidiaries, employees, contractors, officers, directors, agents, telecommunications and equipment providers, third party software and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Member Agreement for which you are responsible or by the use of Netscape or the Internet, or in connection with your transmission of any Content on Netscape.

You agree that all of the third parties referred to above are entitled to rely upon the above indemnities.

AOL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a Member. In that event, the member shall have no further obligation to provide indemnification for AOL in that matter.

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7. TERMINATION AND CANCELLATION

Either you or the Company may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with Netscape, including, but not limited to, (1) any TOS term, or policy or practice of AOL in operating Netscape (2) Content available through Netscape or change therein, or (3) any amount or type of fees, surcharges, or billing methods, or change therein. You can cancel your membership by mail, fax or phone by following AOL's cancellation procedures, described at www.netscape.ca/myaccount. Your termination will take effect within a reasonable time after AOL's receipt of your notice as described above. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee, contact Member Services to have the charges reversed. If you signed up for certain supplemental or enhanced services for an extra fee, you should consult the specific cancellation policies and procedures for those services. If your membership or subscription to a Service is cancelled or terminated, including based on inactivity in your use of a free service, any data you have stored on such Service, including e-mails, may be permanently deleted and may not be retrieved later.

In the event that your Principal Account and any additional email address is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or can be converted to cash or other form of reimbursement. Members whose accounts AOL has terminated may not access Netscape without AOL's prior express written permission. Active Netscape Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts with unresolved issues with Netscape must be concluded before you may re-register with Netscape. Members using multiple accounts without prior express written permission from AOL shall have their membership terminated.

AOL in its sole discretion may change or discontinue any or all aspects of the Services without notice, including access to support services, content and other products or services ancillary to the Services or an AOL membership. For certain subscription plans, AOL reserves the right to log off accounts that are inactive for an extended period of time and you may not use tools that defeat AOL's automatic log-off feature.

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8. LAW AND LEGAL NOTICES

The Member Agreement represents your entire agreement with the Company. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Netscape Community Guidelines and the Netscape Privacy Policy, including AOL's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the Province of Ontario, to the extent permitted, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, provincial, national, and international laws.

By affirmatively signing up for a Service, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any Service electronically from Netscape (collectively, "Notices"). You agree that Netscape generally can send you electronic Notices by (i) e-mail to your primary account, and/or (ii) by "pop up notice", and/or by (iii) posting the Notices on a main page or registration page of the relevant service. You agree that certain supplemental or enhanced services made available to Members may also have their own Notice procedures. You must check your principal account e-mail regularly for Notices from Netscape. Netscape will send important Notices about your Netscape membership, including any Notices concerning violations of any sub-accounts, to your primary account e-mail. The delivery of any Notice from Netscape is effective when sent by Netscape, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by calling or by sending a fax or letter to Member Services; however, if you choose to withdraw consent, AOL will be entitled to terminate your membership and subscriptions to any Services. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. AOL Canada's corporate office is located at 55 St. Clair Avenue West, Toronto, Ontario M4V 2Y7. We can be reached by mail at that address, or by fax at (416) 960-6502. You can find other contact information, including instructions to receive Member support, at www.netscape.ca/myaccount.

You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your membership or your use of Netscape resides in the courts of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario, to the extent permitted, in connection with any such dispute including any claim involving AOL or its affiliates, subsidiaries, employees, contractors, officers, directors, agents, third party telecommunication, software and content providers.

You agree to abide by Canadian, U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Netscape any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption, including Internet Explorer, available through Netscape. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on Netscape.

We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so shall be void.

The parties acknowledge that they have requested that this Agreement and all documents, notices, correspondence and legal proceedings arising from this Agreement or relating hereto be drawn up in English. Les parties reconnaissent qu'elles ont exigé que cette convention ainsi que tout document, avis, correspondance et procédure légale découlant de cette convention soient rédigés en anglais.

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9. CONTACTING AOL CANADA

For any inquiries in connection with the Member Agreement, you agree to contact us by phone, fax or e-mail in accordance with the contact information set out at www.netscape.ca/myaccount. You can access the Member Agreement at join.netscape.ca.

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NETSCAPE® COMMUNITY GUIDELINES ("Community Guidelines" or "Guidelines")

These Community Guidelines tell you what you can expect from the Company as well as the kind of online behaviour we expect of you. We include some tips for protecting yourself online. Because of the changing nature of the Internet and online services, these Community Guidelines may change at any time, without notice. You can always find the most current version of the Community Guidelines at www.join.netscape.ca. Community standards are always evolving, so it's important that you periodically check these Guidelines (as well as the guidelines in your favourite areas) for updates, new information, or additional safety tips. Thanks for doing your part. Here are the basics (read further for more detail):
  1. Appropriate Online Content
  2. Proper Online Conduct
  3. Illegal Behaviour
  4. Unsolicited e-mail
  5. Protection of Copyrights and Trademarks
  6. Content and Behaviour on the Internet
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1. APPROPRIATE ONLINE CONTENT

By content, we mean the information, software, communications, images, sounds, and all the material and information you see online. Much of the content available on our Service or accessible via the Internet is owned by others, and is protected by copyrights, trademarks, and other intellectual property rights. Some of the content may be provided by AOL, its international joint ventures, Netscape members, or under license by third party content partners or providers ("Content Partners"). We do not pre-screen content generally, but our Content Partners are expected to ensure that their content on the service reflects our community standards. We reserve the right to remove content that does not meet those standards. Neither AOL nor its international joint ventures nor its Content Partners assume any liability if the content is not removed.

Members like you may also generate content in public areas of the Internet or in present or future public areas of the Service such as chat rooms, message boards personal home Web pages or sites. It is essential that this kind of content also reflects our community standards if it is posted as part of the Service, and we may remove it if, in our best judgment, it does not meet those standards. When we do, you may receive a warning about the violation of AOL's standards if your Principal Account or any additional email addresses was responsible for putting the objectionable content online. If it's a serious offense or you've violated our rules before, we may terminate your Principal Account and any additional email addresses.

The Company applies the same standards to its own and its partners' content that it applies to member content. Remember that community standards vary from community to community. To the extent content or communications are posted as part of the Netscape Service, the following guidelines will apply:

  • Language: Mild expletives and non-sexual anatomical references are allowed, but strong vulgar language, crude or explicit sexual references, hate speech, etc. are not.
  • Nudity: Photos containing revealing attire or limited nudity in a scientific or artistic context are okay in some places (not all). Partial or full frontal nudity is not okay.
  • Sex/Sensuality: There is a difference between affection and vulgarity. There is also a difference between a discussion of the health or emotional aspects of sex using appropriate language, and more crude conversations about sex. The former is acceptable, the latter is not. For example, in a discussion about forms of cancer, the words "breast" or "testicular" would be acceptable, but slang versions of those words would not be acceptable anywhere.
  • Violence and drug abuse: Graphic images of humans being killed, such as in news accounts, may be acceptable in some areas, but blood and gore, gratuitous violence, etc., are not acceptable. Discussions about coping with drug abuse in health areas are okay, but discussions about or depictions of illegal drug abuse that imply it is acceptable are not.

Please bear in mind that these are only guidelines; there is always a "gray area." Use your best judgment. Ask yourself if this is something that you would say in a room full of people you never met, or in the workplace. However, AOL makes the final determination about whether content is objectionable or not.

With all the content posted on the Internet or the Service every day by our members, we can't possibly monitor all of it, and we do not attempt to do so. Therefore, you might occasionally encounter something you don't want to see. Good judgment is important, especially when you encounter the opinions of others. The Company does not endorse or oppose opinions expressed by Netscape members, but it does sometimes take issue with the manner in which the opinion is expressed. Hate speech is never allowed.

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2. PROPER ONLINE CONDUCT

Online conduct should be guided by common sense and basic etiquette. You will be considered in violation of the Terms of Service if you (or others using your account) do any of the following:
  • Post, transmit, promote, or distribute content that is illegal.
  • Harass, threaten, embarrass, or do anything else to another member that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted instant messages, don't attack their race, heritage, etc. If you disagree with someone, respond to the subject, not the person.
  • Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, or in a reasonable person's view, objectionable. Community standards may vary, but there is no place on the service where hate speech is tolerated.
  • Pretend to be anyone whom you are not. You may not impersonate another member (including celebrities), an AOL employee.
  • Attempt to get a password, other account information, or other private information from a member. Because a member's User Name is that person's online existence and persona, it is sacrosanct. Remember: AOL employees will NEVER ask for your password. Don't give your password or billing information out to anyone.

Obey the rules wherever you are. This includes the rules of other interactive services, provincial, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. "Netiquette" is used all over the Internet. Whether you are on Netscape or using other Internet functions, it's important to be polite. Many newsgroups, web communities, and the like have their own community guidelines or standards, and you should consult them before interacting.

Remember that new Netscape features or technologies are always subject to the Terms of Service "(TOS").

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3. ILLEGAL BEHAVIOUR

The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We terminate accounts and cooperate with law enforcement on such matters.

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4. UNSOLICITED E-MAIL

Unsolicited bulk e-mail is strictly prohibited.

Chain letters and pyramid schemes are not allowed. Many such things are illegal. Even the ones that aren't illegal are annoying to most people and tie up online resources, so we don't allow them.

You may place advertisements only in areas designated for that purpose. Unsolicited advertising is not allowed. This includes the sending of bulk e-mail. You must have permission from AOL and/or the person to whom you are sending the ad.

You may not use any area of Netscape to harvest or collect information, including User Names, about Netscape members, and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. This includes collection of names on a member Web page. You must adhere to Netscape's Privacy Policy.

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5. PROTECTION OF COPYRIGHTS AND TRADEMARKS

Some content is owned by others and is protected by copyrights, trademarks, and other intellectual property rights. It's very easy to copy things in cyberspace, but just because it's easy doesn't mean it's acceptable or lawful. Unauthorized copying of software is illegal, and you can be subject to criminal penalties beyond the termination of your membership. We take this seriously. Similarly, other content owners may take criminal or civil action against you. All the content you transmit must either be your own or must be transmitted with express authorization for distribution on Netscape. You agree that you will not take any action to interfere with AOL's or others' 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 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, non-commercial 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.

Bear in mind that some areas of AOL are "public," like message boards, forums, or the Member Directory. By submitting content in these public areas, you grant to AOL and other Members the complete right to use, reproduce, modify, distribute, etc. the content in any part, anywhere.

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6. CONTENT AND BEHAVIOUR ON THE INTERNET

Netscape provides you with access to the Internet. As a Netscape Member you are required to follow our TOS no matter where you are on the Internet. If another ISP or Internet organization reports you to us, we will take appropriate action against your account the same as we would if you had committed a violation on the Service.

AOL provides you with access to the Internet, e-mail to or from non-Netscape members, newsgroups, FTP, the World Wide Web, etc. As a Netscape member you are required to follow our TOS no matter where you are on the Internet. If another ISP or Internet organization reports you to us, we will take appropriate action against your account and any additional email address the same as we would if you had committed a violation on the Netscape Service.

AOL may offer Web site publishing capability to encourage you to participate in a variety of online communities hosted on Netscape beyond personal web home pages. We regard such communities as part of the Service, and we will enforce our community guidelines for member-created Web pages.

Use of the Internet is at your own risk, and AOL cannot be responsible for the content and conduct you may encounter. If the content or behaviour originates outside the Netscape community, we cannot remove it and are limited in the actions we can take. In addition, not every Web site you encounter will have a privacy policy and those that do may differ from AOL 's. Be very careful about giving out personal information.

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THE NETSCAPE® PRIVACY POLICY ("Privacy Policy")

Our members' privacy is one of our most important values. We want you to know how we protect the personally identifiable information collected or received about you when you interact with the Service, including our sites and pages, services, and software ("Member Information") and what choices you have about its use. We believe the Netscape Privacy Policy should give you confidence whenever you use Netscape 24 hours a day, seven days a week, 365 days of the year.

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Collection of Netscape Member Information

Depending on how you use the Service, your Member Information may include:

  • registration-related information (such as name, home addresses, e-mail addresses, telephone and fax numbers);
  • information about your visits to Service sites and pages, and your responses to the offerings and advertisements presented on these sites and pages;
  • information about the searches you perform through the Service and how you use the results of those searches;
  • information about the Service offerings that you use, including premium services, and how frequently you use them;
  • information about your preferences (such as a postal code for localization purposes);
  • transaction-related information (such as credit card or other preferred means of payment, billing or shipping information, or a history of products purchased through the Service);
  • customer service information about you as a Member (such as account history, your or others' complaints, and your interactions with Member Services online or by phone, which may also be recorded for quality-assurance purposes only); or
  • other information specifically related to your use of a particular Service offering.
  • Your Member Information may also include certain technical and diagnostic information gathered or received when you use a Service. Some of the technical information that may be collected or received includes: the type of browser you are using (e.g., Netscape, AOL Explorer), the type of operating system you are using (e.g., Windows XP or Mac OS), CPU type (e.g. Pentium), the manner in which you connect to the Internet (e.g., connection speed through narrowband or broadband access); Internet protocol address; other information about your geographic location; or data relating to computer malfunctions or problems occurring when you use your computer with the Service. Additionally, we may collect information about other software on your computer for the limited purpose of protecting your security or improving your online experience.
  • Your Member Information may be supplemented with additional information, including publicly-available information and information from other companies.

How Your Netscape Member Information Is Used

Subject to our 8* Principles of Privacy, discussed below, your AOL Member Information may be used:

  • to operate and improve the Service and enhance your online experience;
  • to personalize the content and advertisements you receive;
  • to identify or remediate possible threats to your safety, security, privacy, or to your computer's security;
  • to fulfill your requests for products, programs, and services;
  • to communicate with you and respond to your inquiries;
  • to conduct research about your use of the Service; and
  • to help offer you other products, programs, or services that may be of interest.

Netscape does not read your private online communications when you use the Service communications tools (for example, Service e-mail or Netscape Instant Messenger), except in the limited circumstances described in this Privacy Policy. Please remember, however, that if you use these tools to disclose information about yourself publicly (for example, in public chat rooms or online message boards), other online users may obtain access to any information you provide.

Your Netscape Member Information, including the content of your private online communications, may be accessed and disclosed when permitted by law, in response to legal process (for example, a court order, search warrant or subpoena); in other circumstances in which we believe the Service is being used in the commission of a crime; when Netscape has a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary either to protect the rights or property of Netscape , or for Netscape to render the service you have requested.

The Service uses technologies to authenticate you and enable you to take advantage of Service offerings.

Netscape may use agents and contractors in order to help operate the Service. We require agents and contractors that have access to Member Information to protect this information in a manner consistent with this Privacy Policy, and prohibit them from using the information for any purpose other than to carry out the services they are performing for the Service.

Without prior notice to you, we may transfer your Member Information to an affiliate, as part of an internal restructuring. In the event that ownership of AOL Canada were to change or that we were to assign your Membership Agreement as a result of a merger, acquisition, or transfer of AOL Canada, its business or one of its divisions to another company, your Member Information may be transferred to the new entity. If such a transfer would result in a material change in the use of your Member Information, we will provide notice about the choices you have to decline to permit such a transfer.

You agree that such uses are necessary and proper, and so you agree to hold AOL Canada, its affiliates, suppliers, and agents, harmless from all liabilities and expenses related to use and disclosure of your Member Information consistent with this Privacy Policy.

EIGHT PRINCIPLES OF PRIVACY

We are committed to protecting your personal privacy. These Principles of Privacy summarize and clarify that commitment: how we safeguard your privacy, how we treat personal information, and what choices you have.

1. WE DO NOT READ YOUR PRIVATE ONLINE COMMUNICATIONS.

AOL honours the confidentiality of its members' private communications such as e-mail (including downloads), and instant message conversations, as well as any profile data that may be created. AOL does not read or disclose private communications except to comply with valid legal process such as a search warrant, subpoena or court order, to protect the company's rights and property, or during emergencies when we believe physical safety is at risk. Of course, what you write or post in public areas of the service is available to all Netscape members.

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2. WE DO NOT GATHER OR USE ANY INFORMATION ABOUT WHERE YOU GO PERSONALLY ON NETSCAPE OR THE WEB.

We do not gather or use any information about where you personally go on Netscape or the Web. AOL may do so if it is required to comply with a valid legal process such as a search warrant, subpoena or court order, to protect the company's rights and property, in respect of a TOS violation or during emergencies when we believe physical safety is at risk.

AOL may use cookies to improve your Netscape experience. Cookies are small text files placed on your computer through your browser when you visit a Web site or see particular advertisements on that site. The Netscape Service and its advertisers may also use ad network providers, including AOL subsidiaries such as Advertising.com, to help present advertisements on the Service and other Web sites. These ad network providers may use cookies, web beacons, or similar technologies on your computer to help present, better target, and measure the effectiveness of their advertisements, using data gathered over time and across their networks of Web pages to determine or predict the characteristics and preferences of their audience. For example, these cookies may be used to help ensure Netscape Members don't see the same advertisement too many times, to show the next advertisement in a series, or to tell whether an anonymous Member responded to a particular ad. The Service may share certain non-personally identifiable information about you as a Member with certain ad network providers, including Advertising.com, to help them deliver more relevant advertisements through their ad networks. The use of cookies, web beacons, or similar technologies by Advertising.com and other ad network providers is subject to their own privacy policies, not Netscape's. However, these cookies are not used to collect personally identifiable information unless you give us permission to do so.

The Web sites you visit may have their own privacy policies or no policy at all. We encourage you to review the privacy policies of Web sites before providing them with any of your personal information.

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3. WE DO NOT GIVE OUT YOUR TELEPHONE NUMBER, CREDIT CARD OR BANKING INFORMATION OR USER NAMES, UNLESS YOU AUTHORIZE US TO DO SO. WE GIVE YOU THE OPPORTUNITY TO CORRECT YOUR PERSONAL CONTACT AND BILLING INFORMATION AT ANY TIME.

When you join Netscape, we ask you for your name, address, telephone number, and billing information -- including the credit card and bank account information used to pay for your account -- and the User Name you want to use on your Principal Account, additional email addresses and, on an optional basis, your AOL current or previous screen name. Here is how we protect that information:

AOL will not give out your telephone number, User Name, or e-mail addresses without express authorization. We will not give out your credit card number unless you authorize it. We will not give out information that would link your User Name and additional email address with your actual name.

When you provide, on an optional basis, your current or previous AOL Screen Name, this information is collected and used by AOL Canada for the purpose of providing you a better customer service experience between your AOL and Netscape memberships.

We make lists of members' names and addresses available to pre-screened companies who have specific direct mail product and service offers we think may be of interest to you. We also sometimes combine these lists with publicly available information or segment them based on other information, such as when a member joined Netscape. These lists are never based on a member's online activities. You may choose to remove your name and address from the mailing lists we provide to other companies by sending in an email to netscapecanada@netscape.ca.

We also collect and use other information for internal purposes. For example, we keep records in your account history of your complaints about other members' online behavior, your contact with AOL Member Services and any reported violations of our Terms of Service (TOS) that you or someone on your account or email addresses may have committed. AOL automatically queries your computer for information about your computer system such as the speed of your modem, error messages you may have received, or whether you use Macintosh(TM) or Windows(TM) software -- to help us fit the service to your individual needs and to help us diagnose problems you may be having with your system. We have two exceptions to these policies: We will release necessary information about your account and any email addresses only to comply with valid legal process such as a search warrant, subpoena or court order, or in special cases such as a physical threat to you or others.

Netscape may use affiliates, agents and contractors in order to help operate the Service. We require these affiliates, agents and contractors that have access to Member Information to protect this information in a manner consistent with this Privacy Policy, and prohibit them from using the information for any purpose other than to carry out the services they are performing for the Service. Some of those affiliates, suppliers and contractors may be resident in other countries, including the United States.

We provide you with the opportunity to update or correct your contact and billing information that we have on file. Just as you want to make sure that information AOL has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can go to www.netscape.ca/myaccount.

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4. WE USE SECURE TECHNOLOGY, PRIVACY PROTECTION CONTROLS AND RESTRICTIONS ON EMPLOYEE ACCESS IN ORDER TO SAFEGUARD YOUR PERSONAL INFORMATION.

We use state-of-the-art technology to keep your personal information including your billing and account information -- as secure as possible. We also have put in place privacy protection control systems designed to ensure that your personal data remain safe and private.

Each and every AOL employee must abide by Netscape's privacy policy. Only authorized AOL employees are permitted to have access to your personal information and such access is limited by need. For example, if you call our Member Services department with a concern or complaint, the representative is allowed to access only the personal information that he or she needs to address your concern. In addition, any company with which AOL contracts to be our agent in conducting our business is required to adhere to confidentiality agreements to ensure that your information remains safe and secure.

All AOL employees are required to acknowledge that they understand and will comply with this privacy policy. Employees who violate our privacy policies are subject to disciplinary action, up to and including termination.

We strongly encourage our content, commerce and advertising partners to post clearly their own privacy policies and to have privacy control systems in place to protect your personal information. Be sure to review their privacy policies and contact them directly if you have any questions.

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5. WE WILL KEEP YOU INFORMED, CLEARLY AND PROMINENTLY, ABOUT WHAT WE DO WITH YOUR PERSONAL INFORMATION, AND WE WILL ADVISE YOU IF WE CHANGE OUR POLICY.

A key part of AOL 's commitment to protecting your privacy is explaining to you how we may use your personal information. This privacy policy serves that purpose, and it is accessible through several means within our Service. When you register for our Service, you are presented with our privacy policy and should familiarize yourself with this and all other AOL policies at that time. In addition, this policy is easily located at join.netscape.ca. Whenever we change our policy, we will give you 30 days' notice of those changes through prominent disclosures, including notification on our front screen. If policy changes are substantial, we will notify each of our members individually through e-mails.

Without further notification to you, we may transfer your AOL Member Information to an affiliate as part of an internal restructuring. However, in the event that ownership of AOL were to change, or that we assign your Membership Agreement as a result of a merger, acquisition or transfer of AOL or one of its divisions to another company or other entity, your AOL Member Information may be transferred to that new entity. In the event that such a transfer would result in a material change in the use of your AOL Member Information, we will provide notice to you about the choices you have to decline to permit such transfer.

If you'd like to comment on or have questions about our privacy policy, or if you have a concern or policy violation you wish to report, email us at netscapecanada@netscape.ca. Please direct all other inquiries, requests and any complaints about this privacy policy and AOL's personal information handling practices and policies in writing to our designated Director of Privacy, AOL Canada Inc., 55 St. Clair Avenue West, Suite 700, Toronto, Ontario M4V 2Y7 or by fax to: (416) 960 6560 or via e-mail: netscapecanada@netscape.ca.

Updated: March 20, 2008 (underlined parts only)