AIM Call Out Terms of Service

Welcome! The following terms govern your registration and use of AIM Call Out (“Service” or “AIM Call Out”).

PLEASE NOTE: AIM CALL OUT IS NOT INTENDED TO REPLACE STANDARD TELEPHONE SERVICE. THERE IS NO 911, E911 OR OTHER EMERGENCY SERVICE AVAILABLE WITH AIM CALL OUT.

By clicking “ Submit Order” or by using AIM Call Out, you signify electronically your agreement to these terms (“Agreement” or “Terms”).

Please review the Terms carefully, in which you (a) acknowledge that 911 or other emergency services are not available through AIM Call Out, (b) consent to the terms of our privacy policy; and (c) enter into this Agreement electronically and consent to receive all notices electronically.

Do not sign up or use the Service if you do not agree to these Terms.

The Service. We offer the Service on an “AS IS” and “AS AVAILABLE” basis. AIM Call Out is an enhanced, online service that enables you to hold voice conversations on your computer through your AOL® Instant Messenger™ (“AIM”), AIM Call Out Dashboard, or our “WebConnect” applications (“Call Out Applications”). AIM Call Out is designed to let you dial outbound voice communications from your AIM account to most geographic areas in the countries listed in the Help area of the Service, which you can review at http://call-out.aim.com/rates/. You also can go to the Help area to find additional information about the features, specifications, and price plans for the Service. The Service may not be available in all geographic locations, jurisdictions or telephone numbers. The Service is offered by InfoInteractive, Inc., Suite 600, 1550 Bedford Highway, Bedford, Nova Scotia B4A 1E6 Canada and its affiliates (“we” or “us”).
AIM Call Out does not replace standard telephone service. AIM Call Out is not a two-way, telephone service. AIM Call Out enables you to dial out calls through your Call Out Applications; however, AIM Call Out does not include a telephone number to receive telephone calls. You must be connected to the Internet and logged into your AIM application to place a call. The voice quality for the service may vary and may not be comparable to the voice quality of standard wire line telephone services. The Service will not be available if you lose power, if you are not logged into your AIM or AOL service, or if your Internet connection slows or is interrupted, disconnected or terminated. The Service is subject to different regulatory treatment than traditional landline telephone service and your rights under state and federal laws may thus be limited or otherwise affected.
No Emergency Service. AIM CALL OUT IS A VOICE COMMUNICATION TOOL DESIGNED TO WORK WITH AIM SOFTWARE AND APPLICATIONS AND IT AND CURRENTLY DOES NOT SUPPORT EMERGENCY DIALING SERVICES, such as, “911” “e911,” “999”, 112, or similar emergency dialing services. You understand and agree that you should always have an alternative means to place emergency phone calls. YOU AGREE THAT WE, OUR PARENT, OFFICERS, EMPLOYEES, VENDORS, SUPPLIERS AND TELECOMMUNICATIONS PROVIDERS WILL NOT BE LIABLE FOR YOUR INABILITY TO DIAL ANY EMERGENCY NUMBER, OR ANY DELAY IN CONNECTING TO, OR ACCESSING, EMERGENCY SERVICE PERSONNEL DUE TO THE LIMITATIONS DESCRIBED ABOVE. You are responsible for notifying other users in your household about the limitations and capabilities of the Service.
Your requirements. You must meet the following requirements in order to sign up and use the Service.
1. Registration requirements. You must be legally capable of entering into a contract. You must agree to the terms of this Agreement. You must register in your own name and provide us with true, accurate and current registration information that we may require (including all pertinent contact information such as an additional e-mail address), and you agree that you will keep this information current. You acknowledge that we may require you from time-to-time to supplement your registration information (e.g., such as by providing additional contact information) and you agree to provide such additional information when requested by us. We may rely on the representations and information that you provide to us. We may immediately suspend or terminate your Service if your registration information is not accurate or current.
2. AIM OR AOL Account. You must have a valid user ID or screen name (collectively, “Screen Name”) assigned by us, such as, as a user of an AOL or AIM service. You must have the appropriate versions of the AIM or AOL software (or any other application authorized by us) that meets the specifications for the Service, which you can review at http://call-out.aim.com/frequent-questions/system-requirements/. You acknowledge that your use of your Screen Name remains subject to the terms of the agreements that apply to your use of your Screen Name (see, http://about.aol.com/aolnetwork/mem_tos.html for AOL Members the AOL Network Registered User Terms of Service, located at http://aim.com/aolnetwork/tos.html, for AIM users who are not a member of the AOL Online Service). Registration for a Screen Name in other International markets may be subject to separate terms.
3. Equipment and software. You must provide at your own expense all computing equipment, Internet access, and voice capable headsets, landline and/or mobile phones that meet the specifications for the Service, which you can review at http://call-out.aim.com/frequent-questions/system-requirements/. We may require that you download additional software provided by us or our designated vendors. From time to time, we may provide you with software upgrades (collectively “Upgrades”) to improve your experience with your Service. Therefore, you agree to install any subsequent Upgrades and you agree to accept any automatic Upgrades that we may automatically download to your computer.
4. Access costs. You must provide at your own expense the equipment and Internet connections that you will need to access the Service, which cost is in addition to the subscription fees you pay for the Service. If you are accessing the Service 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, you may be subject to standard wireless carrier fees, such as data fees, if you access the Service through wireless Internet services (e.g., WiFi at public locations, standard fees for use of cellular mobile phone services). Check with the carrier of the Internet access service to verify whether such fees or other limitations may apply to you. You are solely responsible for any costs you incur to access the Service through any communications service.
You are responsible for all activities under your account, including the use of your account by others. You agree that you will not use the Service in a way that would violate this Agreement or the rights of others, give rise to civil liability, or violate any local, state, national or international laws. You may not resell or transfer the Service to any other person for any purpose. You may use the Service only in connection with the Screen Name assigned to your AIM Call Out account. You agree to comply with all applicable laws from your nation, the country or jurisdiction in which you reside, or the country in which you are present while using the Service.

You may not submit or transmit through the Service any material, or otherwise engage in any conduct, that:
1. violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
3. victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
4. impersonates any person, business or entity, including our company and our employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute fraud, misrepresentation, a criminal offense or that gives rise to civil liability;
7. violates this Agreement or any guidelines or policies posted on the Service;
8. violates the terms of service that apply to your Screen Name; or
9. interferes with the use of the Service by others.
AIM Call Out is intended for residential or home office use only; therefore, you may not use the Service in any manner to:
1. Create a paid-for voice over Internet protocol hosting or termination service;
2. Use the Service for governmental activities;
3. Use the Service for auto-dialing, continuous or extensive call forwarding, fax broadcasting or fax blasting;
4. Transfer or resell the Service to another, including without limitation, charging others to use the Service; or
5. Make solicitations or conduct surveys, whether for commercial or non-profits purposes.
You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks through hacking, password mining or any other means. We may take any legal or technical actions to prevent the violation of this provision and to enforce this Agreement, including without limitation, suspending or terminating access to the Service, to certain phone numbers, and/or to certain countries.
No spam. You may not use any communication tool on the Service to transmit, directly or indirectly, any unsolicited bulk communications (including “spam” e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or facilitating the sending of, unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may use any technical means to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
Limits on Abuses; Purchase Limits. We may impose purchase limits, restrictions, or terminate any AIM Call Out account that we deem in our discretion is inconsistent with normal residential or home office usage patterns, constitutes abuse of the Service or is otherwise in violation of this Agreement (e.g., fraudulent use). You agree that your use of AIM Call Out is subject to our usage restrictions and purchase limitations posted at http://voice.aol.com/help/aim-call-out/credit-payment ("Usage Restrictions"), which we may modify at any time in our sole discretion. You agree to assume the responsibility to review these Usage Restrictions from time to time. Accounts may be suspended for suspected fraudulent use and subsequently disconnected. Suspected fraudulent registrations from specific IP addresses may be blocked from future registrations.
Changes to the Service. We may in our sole discretion change or discontinue, temporarily or permanently, functions and features of the Service, with or without notice. These changes may include the availability of placing calls to certain geographic locations or to certain telephone numbers.
Directory assisted and operator assisted. Directory assisted and operator assisted calls are not included with the Service. We may in our discretion add, change or discontinue features, such as operator assistance features. You can get information about the most current features of the Service by going to http://call-out.aim.com/learn-more/.
900 Numbers, pay-per-calls. You cannot access and use Pay-per-call services, including without limitation, making calls through a 900 prefix, 976 prefix, a “look alike” prefix, a pre-subscription arrangement (such as, 500, 700, 900, 976, 0+ calls or dial around calls (e.g., 1010-XXXX)) that can be charged to a phone bill, or any other International number that is subject to premium pricing. You also acknowledge that you will not be able to receive collect calls through the Service.
Fees and Payment. We offer AIM Call Out on a prepaid basis only. Prepaid amounts expire 180 days from the date of purchase or your last date of use of AIM Call Out, whichever is later, except where prohibited by law. Prepaid amounts for AIM Call Out must be redeemed through InfoInteractive Inc. and are not redeemable for cash and cannot be returned for a cash refund, exchanged, transferred, replaced with or without a fee if lost, stolen or destroyed, or used for payment of any other services. Your Service charges, taxes and fees are NOT refundable.
1. Call Out Calling Rates. Each time you use the Service by initiating an outbound call, you agree to the then-current calling rate that applies to the geographic location you are calling. These rates may vary based on the country you call, carrier charges, tariffs and other fees. Call Out Calling Rates for Web Connect may including calling rates in which you will be charged for a single voice call the rate that applies from the originating country combined with the calling rate of the destination country. You can find the current rates by going to http://call-out.aim.com/rates/. All rates are subject to change without notice. Unless otherwise provided in our posted rates, we will bill you by the minute and the duration of your call is rounded up to the next minute. For point of clarity, the rounded up minutes are multiplied against the current rate effective at the end of the call (generally based on the location the call is placed) and then rounded up to whole cents (USD). These charges will be automatically deducted from your account balance.
2. Plans and Price Packages. We may offer special price packages and plans from time to time on separate terms and conditions. We may limit the number of promotions that may be available to you for a given period. You agree to pay the applicable fees and charges under the payment terms of the plan you selected when you placed your order for the Service. You can always review the terms of your plan and general information about pricing and other charges by visiting the “My Account” area of the AIM Call Out Dashboard.
3. Payment method. You must select a payment method to pay us for any subscription fees and all purchases made from us. You must give us accurate billing and payment information and keep it up to date. We will bill you through the payment method that is associated with your account. Every time you use the Service, you reaffirm that (i) we (InfoInteractive Inc.) are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Service is canceled or terminated. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless otherwise required by law. You are responsible for all charges made to your account by you or anyone who uses your account (including your children, family or friends).
4. AOL Members. If you subscribe to the AOL Online Service, you may have the option to use the same payment method for your AIM Call Out service as you use for your AOL Online Service. For this reason, as a condition of obtaining the Service, you must consent to allow us to share your payment method information with our parent company, AOL LLC.
5. Quick check out features. We may offer from time to time a quick check out feature to let you store your payment information in order to make it easier for you to pay your fees and make purchases from the Service. If you elect to use a quick checkout feature for purchases and fees, we will open a continuing account for you that will be associated with your Screen Name and you agree that WE MAY RETAIN YOUR PAYMENT METHOD ON FILE AND CHARGE YOUR PAYMENT METHOD ON FILE WITH YOUR ACCOUNT FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT and pursuant to the terms of this Agreement. You understand and agree that you can change your payment method or discontinue any quick checkout feature on file with your account by going to the "Billing" area on the Service.
6. Taxes and Fees. You agree to pay all applicable taxes and fees associated with the Service. Any applicable taxes and fees will be charged to your payment method at the time of purchase and again charged each time the account is refilled. We may, in our discretion, aggregate such taxes and fees and post such charges to your payment method, as a separate item, once such aggregated taxes and fees reach a total of One Dollar USD ($1.00) or greater.
7. Residential Household Use for Florida USA Residents. If you are a resident of the State of Florida, USA, you agree to use the Service for residential household use as defined under Florida Statute § 202.125 and Florida Regulation, Rule 12A-19.041. You must notify us immediately if you will not be using the Service for residential household use in Florida. You agree to pay any and all additional taxes, fees and charges as a result of such non-residential usage.
8. Collections; Cancellation Fees. You are liable for any fees, including attorney and collection fees, incurred by us in our effort to collect any remaining balances from you. In addition, depending on your plan, you may be responsible for payment of cancellation charges if your Service is cancelled or terminated prior to the expiration of the term of your specific plan. You agree and authorize us to charge such cancellation fees or other charges to the payment method you provided to us to pay for the Service.
9. Billing problems and disputes. You must notify us of any billing problems or discrepancies within 90 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

License grant. We and our suppliers may provide you with software and other technology to use with the Service (“Software”). Such Software will be subject to the terms of the license agreement that accompanies the Software or this Agreement. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable limited license to install the Software on any single computer or device from which you wish to access and use the Service. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access the Service only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Service. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you are reserved by the owner of the rights in the Software.

We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.

Your Software license will end on the date your applicable Service ends. Your license will also end if we modify the Service in a way that no longer supports the Software.

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 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.

We are under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or Service, although it may do so in its sole discretion.
Cancellation or termination of the Service. Either we or you may cancel or terminate your Service at any time. Complete information on our cancellation procedures is available in your AIM Call Out Help area in the User Guide Section. We will send you written confirmation of your cancellation. Please contact our member services if you have any questions about your final charges. Disconnection of service will occur during normal business hours, and if received, after normal business hours will occur on next business day. Please Note: A business day is 8 AM to 4PM Eastern, Monday through Friday, excluding Holidays, New York Time.

Please note that if you have subscriptions with other services affiliated with AOL, such as the AOL Online Service (collectively, the " Affiliated Services"), cancellation of those services (a) will not result in the automatic cancellation of your AIM Call Out subscription and that (b) your cancellation of AIM Call Out may not result in the automatic cancellation of your subscriptions with other Affiliated Services. Other cancellation terms may apply depending on your plan, especially if your AIM Call Out service is part of a bundle with other Affiliated Services. Therefore, you must contact us separately to cancel your AIM Call Out subscription and you must contact AOL to cancel any Affiliated Services. Your sole remedy regarding any dispute with us concerning your Service is the application of any service credits made available under your plan and/or cancellation of your Service. This includes, but is not limited to, any dispute related to, or arising out of: (1) any provision of this Agreement or our enforcement of this Agreement; (2) any of our policies or practices; (3) your ability to access and/or use the Service; or (4) the amount or type of any usage charges, fees, surcharges, applicable taxes or billing methods, or any change to the usage charges, fees, surcharges, applicable taxes or billing methods.

In the event that your Service is terminated or canceled, no credits will be issued to you. We must give you express permission before we will reactivate your Service if we previously terminated your Service for violating this Agreement or due to an outstanding balance. We may immediately suspend access or terminate the Service if we determine in our sole discretion that there has been a violation of this Agreement by you or anyone using your account.
Disclaimers. We do not guarantee that you will always be able to communicate through AIM Call Out or that you can communicate without disruptions or delays. We have no knowledge or control over the content of any conversations made through the Service. You understand and agree that you may be exposed to content that is offensive, indecent or otherwise objectionable and that you are using the Service at your sole risk. We will not be liable for any type of communication made through the Service.

WE PROVIDE THE SERVICE AND SOFTWARE (COLLECTIVELY, THE “AIM CALL OUT SERVICE”) “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, WE AND OUR VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE AIM CALL OUT SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AIM CALL OUT SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AIM CALL OUT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AIM CALL OUT SERVICE WILL BE CORRECTED. THE AIM CALL OUT SERVICE WILL NOT FUNCTION IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR THE SUSPENSION, TERMINATION OR DISCONNECTION OF YOUR SERVICE OR INTERNET CONNECTION. WE AND OUR VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AIM CALL OUT SERVICE, INCLUDING ANY SUPPORT SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WE AND OUR VENDORS MAKE NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA OUR FACILITIES OR THE AIM CALL OUT SERVICE, OR OUTSIDE THE AIM CALL OUT SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR VOICE COMMUNICATIONS. YOU AGREE THAT NEITHER WE NOR OUR VENDORS WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND VOICE COMMUNICATIONS.

IF YOU PURCHASE ANY VOICE EQUIPMENT THROUGH THE AIM CALL OUT SERVICE (E.G., COMPUTER HEADSET), THE ONLY WARRANTIES APPLICABLE TO THE EQUIPMENT ARE THOSE SET FORTH IN THE DOCUMENTATION PROVIDED WITH SUCH EQUIPMENT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE EQUIPMENT, FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS.

We make no representation that the Service is appropriate or available for use in any particular country, location or jurisdiction. Those who choose to access the Service do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
Limitation of liability. WE, OUR PARENT, EMPLOYEES, THIRD PARTY PROVIDERS, VENDORS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “SERVICE PROVIDERS”) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE AIM CALL OUT SERVICE. 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE AIM CALL OUT SERVICE AT ANY TIME, FOR ANY INTERRUPTION OR DEGRADATION OF THE SERVICE, OR FOR ANY SERVICE OUTAGE OR INABILITY TO MAKE OUTBOUND CALLS, INCLUDING CALLS TO EMERGENCY SERVICES. THE SERVICE PROVIDERS’ LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH THE SERVICE PROVIDERS ARE COLLECTIVELY RESPONSIBLE. SOME PROVINCES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, THEREFORE, THESE LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, IN CONSIDERATION FOR OUR PROVIDING THE SERVICE TO YOU, YOU HEREBY RELEASE US, OUR PARENT, EMPLOYEES, THIRD PARTY PROVIDERS, LICENSORS, VENDORS AND SUPPLIERS FROM ANY AND ALL CLAIMS ARISING OUT OF ANY CLAIMS ASSOCIATED WITH ERRORS OR INTERRUPTIONS IN THE DELIVERY OF THE SERVICE, OTHER THAN THOSE ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE SERVICE PROVIDERS.
Indemnification. Upon our request, you agree to defend, indemnify and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Service. Such indemnification shall include any and all liabilities, claims and expenses (including attorney’s fees) resulting from your use or any third party use of your Service relating to the absence, failure or outage of the Service, including the inability to call or access emergency services personnel or to make outbound telephone calls. We reserve the right at our own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Export Control. You agree that you will comply with all export control laws for any equipment or software provided to you as part of the Service.
Electronic notices. You understand and agree that we transact with our customers in electronic form only. Therefore, you consent to transact with us electronically, and to receive from us any privacy or other notices, agreements, disclosures, reports, documents, communications or other records regarding your Service in electronic form only (collectively, “Notices”). You agree that we may send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. If you desire to withdraw your consent to receive Notices electronically, you must cancel your Service.

In order to receive Notices electronically from us, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system, or a Macintosh-based operating system. 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 this Agreement by going to http://voice.aol.com/aim-call-out/terms-of-service/. 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.
Privacy. In order to facilitate the processing of your order and to provide you the Service if you currently have an account with the AOL® Online Service or with AOL Instant Messenger service on the Web, you authorize AOL LLC to share with us your AOL® Online Service or AIM or AOL account and related information.

The AOL Network Privacy Policy as supplemented by the disclosures provided in this Section 19 explains how we collect, store and use information you provide through your registration and use of the Service and the choices you have with that information. Your information may be processed and stored in the United States. By enrolling in, installing, using or paying for the Service, you agree to the terms of the AOL Network Privacy Policy, which you can also review at http://about.aol.com/aolnetwork/aol_pp.

In addition to the provisions of the AOL Network Privacy Policy, we apply the following practices to certain service usage details, which include information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a Service subscribed to by AIM Call Out customers (“Service Usage Details”). Service Usage Detail may include references to outgoing calls, destinations called and time/minutes charged per call. Directory information, such as name, address, and telephone number, is not Service Usage Detail.

When you subscribe to AIM Call Out, we may use Service Usage Detail to:
1. inform you about enhancements and features related to the service you already receive;
2. market new products to you related to your existing services; and
3. protect our rights and property or to protect our customers or other carriers from fraud, abuse, or unlawful use of or subscription to our services.
We may provide Service Usage Detail available to our agents or partners in those cases where they are selling our products or we are selling products jointly. In those cases, these businesses are expected to use the information only as designated and to take adequate safeguards to maintain the confidentiality of the information.

We will notify you and give you the opportunity to opt out before we elects to use Service Usage Detail in any other manner.

Please direct all inquiries about our privacy policy to our Chief Privacy Officer at privacyquestions@aol.com or by mailing to Chief Privacy Office, AOL, 22000 AOL Way, Dulles, VA 20166.
General legal terms.
1. Changes to this Agreement. We may change the terms of this Agreement at any time. We will give you notice at least 30 days before any material changes to the Agreement take effect. Your act of using the Service after the changes take effect signifies your acceptance of the new terms. You must cancel the Service if you do not want to agree to the revised terms.
2. Entire agreement. This Agreement and any policies posted on the Service Web sites constitute the entire agreement between you and us regarding the subject matter of this Agreement and supersede all previous written or oral agreements.
3. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms and conditions.
4. Invalidity; assignment. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. We may assign this Agreement at any time; you may not assign this Agreement to any one else without our express written permission.
5. Miscellaneous. The Parties have required that these Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rèdigès en anglais (Version française). In the event of a conflict between the English and French version of these terms, the English version shall prevail.

Updated 3-13-2008