Before you can activate your account, you must read and accept this Terms of Service.

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The community will thrive when there is freedom to present what you want, but not at the expense of others. If you do not wish to be part of a community that has a climate of friendliness and helpfulness, then please move to one less regulated.

We want to be completely honest about our policy. XOOM.com values freedom of expression on our site but we do not guarantee the right to free speech. XOOM.com is the final arbiter of what IS and IS NOT allowed on our site.

XOOM.com does not permit children under the age of 13 to become members, post home pages or web sites or obtain chatrooms and email accounts on our service.

Members who want to use our homepage building space and tools must agree to accept our email messages as part of their free service. We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our communities. And we keep these messages to a minimum. If you don't want to receive our email messages and remove yourself from our mailing list, we reserve the right to delete your homepage. We will notify you at least one week in advance of removing your site. XOOM.com users are responsible for keeping a current backup copy of their site, not XOOM.com.

XOOM.com reserves the right to modify or remove anything submitted to XOOM.com, and to cancel any membership, at any time for any reason without prior notice. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to, submitting any page, message board posting, or chatroom statement that contains, or provides links to:

• nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violate local, state and national laws.

• Sending unsolicited email using a XOOM.com address or containing any reference to your XOOM.com home page.

• Any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or have documented permission to use it, don't put it on your site at XOOM.com. XOOM.com will terminate the memberships of, and remove the pages of, repeat infringers.

• any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples' private information.

• content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.

• any software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component;

• any raffle, contest, or game requiring payment of a fee by participants.

• Displaying on your page any paid advertising or other paid sponsorship banner.

• Removing from your page the XOOM.com "Get a Home Page" banner with a link to XOOM.com or its related directories. XOOM.com does not place ads on member pages.

• Restricting access to your XOOM.com page(s) only to users with passwords.

• hate propaganda or hate mongering, swearing, or fraudulent material or activity;

• Using in the registration of your XOOM.com membership an email account that is or becomes inactive or that is not your own email account.

You are solely and fully responsible for the content of your pages on XOOM.com and may be held legally liable for such content. By submitting your pages to XOOM.com, you represent that the pages comply with XOOM.com's Terms of Service. If any third party brings a claim, lawsuit or other proceeding against XOOM.com based on your conduct or use of XOOM.com services, you agree to compensate XOOM.com (including its officers, directors, employees and agents) for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by XOOM.com in connection with any such claim, lawsuit or proceeding.

XOOM.com needs to be able to verify your compliance with XOOM.com's Terms of Service. Accordingly, you agree that XOOM.com will have the right to access your site at any time, without advance notice. If access to your site is restricted, whether by password or otherwise, you agree to provide XOOM.com with whatever information is required to access your site. You grant to XOOM.com and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license to use, copy, modify, transmit, distribute, and publicly perform or display the submitted pages for the purposes of (i) display on their sites and (ii) promotion and marketing. XOOM.com disclaims ownership of member sites and will not resell or otherwise convey these rights to any third party.

The personal profile information that you submit to XOOM.com remains your property, but by submitting that information to XOOM.com you grant XOOM.com the right to use that information for internal marketing to members. In addition, XOOM.com reserves the right to release current or past member information in the event XOOM.com believes that the membership is being or has been used in violation of the Terms of Service or to commit unlawful acts, if the information is subpoenaed, or when XOOM.com deems it necessary or appropriate. By agreeing to the conditions of these Terms of Service, you hereby consent to disclosure of any record or communication to any third party when XOOM.com, in its sole discretion, determines the disclosure to be appropriate.

XOOM.com has no obligation to review pages, message-board postings, or chatroom statements in any way before those materials appear on XOOM.com's service. Although XOOM.com does not actively or regularly monitor the content of XOOM.com members' pages, we reserve the right to monitor, and to investigate any complaints regarding any content of XOOM.com members' pages, message-board postings, or any chatroom statements and to take appropriate action if XOOM.com finds violations of these Terms of Service.

In the case of any such complaint, XOOM.com reserves the right to remove the content complained of while the XOOM.com member and the complaining party attempt to resolve their dispute. This could result in your page(s) being removed from XOOM.com for as long as it takes to resolve the dispute. In addition, a XOOM.com may remove a home page or other message if there are no hits or edits for 60 days. XOOM.com is not responsible for, and does not have any liability for any loss of data, profit, or business resulting from our deletion of any XOOM.com member's page(s).

XOOM.com is not responsible for the content of any XOOM.com member's page(s): the opinions and views expressed on such page(s) do not necessarily represent those of XOOM.com and XOOM.com does not verify, endorse, or vouch for the content of such page(s). XOOM.com is not responsible for the delivery or quality of any goods or services sold or advertised through or on XOOM.com members' page(s).

Your use of XOOM.com's services are at your sole risk. All XOOM.com services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

XOOM.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the XOOM.com service. IN NO EVENT WILL XOOM.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE XOOM.COM'S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, U.S.A, as such law applies to agrements between California residents entered into and to be performed within California. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

XOOM.com reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting a page to XOOM.com, you signify your agreement to these Terms of Service. If you do not agree to these Terms, then please don't submit a home page.