Your aol services will be provided as follows:
- Internet access and voice services are provided by talktalk telecom limited (trading as aol broadband) under the terms of the aol access agreement below and the specific terms and conditions in the plan agreements Price List (as defined below) in connection with the Services you receive.
- aol web services, including aol software and premium services, are provided by aol (uk) limited under the terms of aol web services agreement below.
You should note that the above services are associated and if your account with one party is suspended, canceled or terminated, your agreement with the other party may also be suspended, canceled or terminated.
Some or all of the services (Internet access, voice and web services) provided under these agreements may be managed and/or billed by someone on our behalf.
Telephone Orders or Orders Placed in Store or Online Ordering System: By placing your order you are making an offer to contract with talktalk telecom limited (trading as aol broadband) for access services and aol (uk) ltd for web services (the “offering“).
Online orders placed directly with talktalk telecom limited (trading as aol broadband): By accepting these terms and conditions during the online ordering process, you enter into a legal agreement with talktalk telecom limited (trading as aol broadband) and aol (uk) ltd respectively for the supply of aol and talktalk telecom limited services for customer premises equipment.
aol access agreement
These terms and conditions (the “aol access agreement“) apply to customers who subscribe to an aol-branded voice or internet access product, including , among others, the aol dial-up service. , the aol broadband service, the aol broadband service with line rental and calls, and the aol talk service (individually or in combination, the “aol access service“). this aol access agreement is in addition to any additional terms that govern your specific aol access service fee(s) (including, without limitation, the aol broadband agreement, the aol broadband agreement with line rental and calls and the aol talk agreement, if applicable). the aol broadband agreement, the aol broadband agreement with line rental and calling, and the aol talk agreement are collectively known as the “price plan agreements“. The AOL Access Agreement and the applicable Price Plan Agreements are collectively known as the “Services Agreements“. service agreements contain your entire agreement with us.
this aol access agreement is a legal document, containing important information about your rights and responsibilities as a customer of the aol access service (an “aol access customer“). Upon acceptance of your offer to contract under the terms of this AOL Access Agreement, you enter into a contract with talktalk telecom limited (trading as aol broadband) (“we” or “we“).
Because protecting your privacy is important, we would first like you to have a clear understanding of how you agree to the use of your personal data.
1. personal data
1.1 personal data means data that identifies you or your aol access service subscription account (the “access account“), including the identity and billing information. your login account is personal to you. We will process your personal data in accordance with this AOL Access Agreement and our Privacy Policy. We control the personal data you provide to us when you register for the AOL Access Service and in the course of your use of the AOL Access Service, and we take responsibility for the processing, disclosure and use of that data, even if done by a third party. on our behalf.
1.2 your personal data will be collected, processed, stored and used by us, and transmitted and processed by our subsidiaries and/or affiliated companies (collectively, “talktalk group companies“) , law enforcement agencies, credit reference agencies, subcontractors, including courier companies, billing providers, debt collection agencies, marketing agencies and other data processors acting under our control, to provide, promote and bill for aol access service, to provide customer support, and for marketing described here and in our privacy policy.
1.3 the aol access service is multinational, and many of the computers and companies that process data on our behalf are located in countries outside of the european union (“eu“), including the ee uu. . therefore, your personal data (which may include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data relating to health or sexual life) may be transferred, processed and stored both inside and outside the EU. . Countries outside the EU may not have data protection laws as well developed to protect your information as those within the EU, but we will ensure that your personal data is treated in accordance with this Access Agreement. aol and our privacy policy.
1.4 We encourage you to tell us your marketing preferences for your personal data. Unless and until you “opt out”, your name and contact details may be (a) used by talktalk group companies for up to 12 months after your subscription to aol access services ceases; and (b) passed on to selected third-party providers of goods and services and advertisers up to 6 months after you cease to be an aol access customer, to market goods and services to you. notify us of your marketing preferences or by writing to us at the postal address for personal data inquiries contained in clause 12.2 below.
1.5 To help improve our service, talktalk group companies and our authorized data processors may collect anonymous aggregate data relating to the popularity and usage of various services offered through the aol access service. you consent to this. we use demographic data to better understand our customers, and our ad servers may also use such data on an anonymous basis to ensure that any advertisements shown to you while you are online (for example, “banner ads”) are tailored to your needs . browsing habits and, therefore, more relevant to your interests.
1.6 We may retain personal data related to transactions you make with us or others through the aol access service, such as online merchants. We will disclose this data to one of the parties to the transaction, but only to facilitate your transaction. talktalk group companies may also use this data to tell you about products and services that may be of interest to you, unless you tell us otherwise in your marketing preferences.
1.7 We may also use cookies: small text data files that may be automatically stored on your computer’s hard drive when your web browser accesses certain web pages. Cookies allow us to provide you with a better service. More information on how we (and third parties) may use cookies and similar technologies (and how to opt out of them) is provided on our cookie information page.
1.8 When you call our customer service department, we may monitor or record your calls and store the details of the telephone numbers you use to make the call. this information is used only to track reported issues and to better address your customer service needs. you hereby consent to such monitoring, recording and storage.
1.9 Your personal data may be disclosed if we or an entity processing your data on our behalf are required to do so by law, or if we receive a valid and legally compliant request from a government or law enforcement authority. in some cases, we may allow you to provide third party billing account details. if you do so, we may disclose to them your name and address, and information related to payments made to that billing account.
1.10 We will use the information you provide about yourself to carry out our obligations under service agreements and we may transfer your information to third parties, such as our network service providers or your telephone provider, when necessary for the provision of . of aol access services to you. you give us your consent for the processing of your personal information for the purposes contemplated in the service agreements.
1.11 Our privacy policy reflects our current policies and explains in more detail how we process your data.
1.12 In evaluating your application and to prevent fraud, we may search the files of credit reference agencies (which will record any credit searches on your file) and fraud prevention agencies. We may also disclose details of how you conduct your access account with us to such agencies. the information will be used by other credit grantors to make credit decisions about you and those with whom you are financially associated, for fraud prevention, money laundering prevention, and to locate debtors. we may ask such agencies to provide a credit score calculation. Credit scoring uses a number of factors to determine the risks involved in any application. When automatic credit scoring calculations are used, the acceptance or rejection of your application will not depend solely on the results of the credit scoring process, but other criteria may also apply. You have the right to rectify your data by sending an email to olfraud@cpwplc.com.
2. some basics of your aol access subscription
2.1 Age Restrictions To be an Aol Access customer, you must be at least 18 years old. You may allow persons under the age of 18 to use your Access Account, but you remain responsible for that use. You must provide us with accurate information during your registration and setup of aol access services, and keep it up to date, for example, when managing your account.
2.2 your passwordkeep your password secret. if we reasonably believe that your password is no longer secret, or that an unauthorized person is using your access account, we may suspend access to your access account and aol access services until the problem is resolved, and we may ask you to provide us with such proof of identity as we may, at our discretion, require.
2.3 dial-up numbersif you are a dial-up customer, we can provide several dial-up numbers appropriate to your pricing plan to connect to the aol access service. you are responsible for selecting the appropriate numbers during registration. these may change from time to time and when this happens we will notify you in accordance with clause 11.5 below. You must allow your telephone number (Calling Line Identifier, the “Cli“) to be displayed in order to use the AOL Access dial-up service. If you restrict your cli from being displayed, that restriction will be overridden by our software to present the number to our servers. If you do not consent to your CLI being displayed to us in this way, please do not use the AOL Access dial-up service. however, please note that only we will see your number on screen and it will not affect how your number is hidden during phone calls you make.
3. charges and billing
3.1 You will be charged for the aol access service according to the selected rate. For current pricing plans, visit http://aolbroadband.co.uk/. our charges are due and payable on the applicable billing date that we assign to you (the “billing date“); you can see your billing date on your account management page. we reserve the right to change your billing date at any time with 30 days’ notice. You acknowledge that if you pay by any means other than direct debit, you may incur an additional charge, which is known as your “billing account“.
3.2 You may incur call charges when you call our customer service department. please see http://myaolbroadband.co.uk/supportme for details on such charges.
3.3 your billing account and billing information
3.3.1 you authorize us to debit that (updated) billing account for charges you incur and any other charges incurred while using the aol access service.
3.3.2 You must pay your access account balances on time. Your invoice is due on the billing date, unless otherwise specified. failure to comply may result in your access account being restricted, suspended or terminated and we may take appropriate action to recover any such money. if you do not pay your bill when due, we reserve the right to charge a late payment fee or an administration fee to cover our additional costs. If we do not receive payment within 30 days and we are unable to collect your payment, you will pay all outstanding charges upon request.
3.3.3 If you cancel your access account, you must promptly pay any outstanding balances, including but not limited to (i) any fees due as a result of canceling or canceling your aol access account within any period minimum contract you may have entered into; (ii) if you are a subscriber to aol broadband, aol talk or our aol dial-up service, a reasonable charge imposed on us by a third party (such as, but not limited to bt) to disconnect you from our service up to a maximum from €5; and (iii) if you are an aol broadband subscriber with line rental and calls, a reasonable charge to disconnect you from our service as set forth in your rate.
3.3.4 We reserve the right to impose a credit limit on your use of some or all of the Services, and if you subsequently exceed any imposed credit limit, we may require immediate payment of any or all amounts outstanding on your access account in connection with the services in question, and may also suspend or restrict your use of the services pending receipt of such payment.
3.3.5 All charges payable by you under service agreements are subject to any applicable taxes or fees, including value added tax where applicable.
3.3.6 We may at any time vary the billing frequency or request a payment from you (including interim payments and/or the payment of a security deposit) in respect of the provision of our services.
3.3.7 We also reserve the right to require a security deposit in connection with some or all of our pricing plans. in this case, you will be informed of the amount and the refund procedure at the time of placing the order for said rate.
3.3.8 From time to time we may need to migrate your access account from one billing platform to another. in these circumstances, we will notify you if the migration of your access account will affect the access service in any way.
3.3.9 We may change our charges or billing methods at any time. We will send you notice of any such change at least 30 days prior to the billing date when the change becomes effective if these changes could reasonably be considered detrimental to you. where such changes may reasonably be considered to have a material impact on or detrimental to you, you do not agree to the changes, your only recourse is to cancel your subscription to the aol access service in accordance with clause 9 below.
3.3.10 you are responsible for charges for goods or services incurred when using your access account (including where such use is by a third party). certain platforms and methods of access to the aol access service may be subject to third party charges. Any obligations you incur in your dealings with third parties are your responsibility and any charges you incur will be in addition to the charges payable to us at your rate.
3.3.11 we may provide you with offers for additional goods or services, sometimes in conjunction with selected suppliers, that enable you to make a purchase without re-entering your billing account details; you agree that your billing account may be debited accordingly. you will be given the opportunity to agree to this course of action in each case. by doing so, you agree that you are authorized to use and debit the billing account in question.
3.3.12 you must notify us of any billing problem or discrepancy within 180 days of its first appearance on your bill; you can see your invoice here. otherwise, you agree that you waive your right to dispute such issues. we may restrict or prevent customers’ access to services provided by us or talktalk group companies if charges have not been paid to us by the due date or have been returned to us. you agree that we may collect all amounts due upon cancellation or termination on the first billing date following cancellation or termination of your aol access subscription. in the event that sums due are not paid or are paid at the time of cancellation or termination and are subsequently dishonored or we are forced to repay such sums to your bank or other acquiring merchant, you agree that we may collect all such sums from you in a date or dates notified to you in advance by us.
3.4 third parties and your aol login account
3.4.1 In some cases, we may allow you to provide third party billing account information to pay for your aol access account. where you have been permitted to do so, you confirm that you have permission to do so, but you will remain responsible for all charges incurred through your access account.
3.4.2 You may designate a designated authorized user (an “authorized user“) to handle your access account and information related to your access account on your behalf. such authorized user will have full access to all information related to your access account and may take the same steps in connection with your access account as you (although such steps will be deemed to be taken on your behalf), including, without limitation, limited to the modification of your personal data, settlement of invoices, contracting services and cancellation of your account. any agreement entered into by any authorized user will be deemed entered into on your behalf and therefore deemed valid. however, your responsibilities under this aol access agreement remain. We recommend that you do not grant authorized user privileges to any third party unless absolutely necessary. Please note that your access account cannot be transferred from your name to that of the authorized user.
3.4.3 We may disclose your name and address information, and details of activity in an access account to the holder of the billing account through which charges for your aol access subscription are paid. We may request such information as we deem reasonable to verify the identity of the access account holder or billing account owner.
4. conduct and content
4.1 you are responsible for the conduct and use of your access account, and your access account may be terminated as a result of any use by you or others of your access account (including sub-accounts) in violation of the agreements service agreement and/or the aol web services agreement you have entered into with aol (uk) ltd. You are responsible for all use of your access account, so you should monitor the use of your access account by others.
4.2 content by content, we mean text, software, communications, images, sounds and other information. In general, we do not pre-screen the content available through the AOL Access service, and we are not responsible for content, services, or goods provided by third parties through the AOL Access service or the Internet. We reserve the right to remove or block access to content on the AOL Access Service that contains illegal or harmful content or is harmful to us or our customers, but we are not responsible for any failure or delay in removing such material.
4.3 Lawful purposes Your access account must be used only for lawful purposes and in a manner that, in our reasonable opinion, does not infringe the law or the legal rights (for example, copyright, privacy or reputation) of any person or entity. If someone using your access account violates these principles, we may take action against you or your access account, ranging from a warning about the violation to termination of your aol access subscription.
4.4 breach: We may terminate or suspend your access account immediately with minimal notice where there are serious grounds for doing so; see clause 9.3.1 below for more details.
4.5 email: You must not send spam through any email system accessed or operated through our servers. For information on how to report spam, please visit our help pages. we may take any reasonable steps to prevent spam from entering, using or remaining on our systems; this may inhibit or block access to non-spam email. We also employ technology such as virus scanning to protect our systems, which may result in the deletion or alteration of email attachments. we do not accept any responsibility for such removal or alteration.
4.6 Proprietary Rights The content available on or through the aol access service is provided by us or our partners or licensors and is protected by copyright, trademark, database and other intellectual property rights. the content you upload, download, transmit or receive while using the aol access service must be authorized; this means you must have the legal right to do so. You must not copy, transmit, modify, distribute, make available to the public or create derivative works from any of the content you find on or through the aol access service or that we provide to you, unless you have the legal right to do so. . You must not transmit or receive content, except where such activity is lawful.
5. restrictions on services
5.1 We do not guarantee the transmission or receipt of email and/or other types of online communications. the storage capacity and bandwidth we provide for the aol access service is not and cannot be infinite. therefore, we may apply capacity-based limitations, such as upload or download limitations and/or maximum storage space for your data on our computers, or other bandwidth limitations. We may also impose general operating rules for the AOL Access service. for example, we may impose “timeouts” if you are inactive on the aol access service. We also reserve the right to deprioritize certain types of traffic that are particularly capacity intensive, such as peer-to-peer traffic.
5.2 We have a fair use policy which can be accessed through our terms of service. when you violate our fair use policy, we will contact you to notify you of the violation of our fair use policy. we reserve the right to take specific action to prevent violations of our fair use policy, including, but not limited to, imposing slowdowns for set times and, where your violation is particularly severe and/or persistent, termination of your service by notification in accordance with clause 9.3.1 below. for more information, see conditions of service.
6. moving
6.1 if you move you should contact us with your updated address details, and if you are an aol broadband and/or aol talk subscriber, details of the new phone line you wish to activate on access services (if this has changed). failure to do so may result in a restriction or suspension of some or all of your aol access services. If you are an aol broadband subscriber, see the aol broadband agreement for more details and if you are an aol broadband subscriber with calling service and line rental, see the aol broadband agreement with line rental. line and calls for more details.
7. aol software
7.1 We may, at our discretion, obtain a limited non-exclusive license for you to use the aol software. use of such software, in addition to this aol access agreement, shall be subject to the aol web services agreement.
8. warranty and liability
8.1 Your use of the aol and internet access service is at your own risk and that of others who use your access account. Third party products, content, software and/or other material that may be provided through the aol and internet access services are provided “as is” and “as available” for your use, without warranties of any kind. however, we will use reasonable skill and care in providing and maintaining the availability of the aol access service. We do not guarantee that the aol access services will interoperate with any software or device satisfactorily.
8.2 We provide the aol access service on a commercially reasonable basis and expressly exclude any warranty, representation or undertaking that you will be able to access or use the aol access service at a time or place of your choosing, or that we will have adequate capacity to the aol access service as a whole, for any specific product, service or content, or in any specific geographic area. Due to the nature of interactive services, we rely on third parties over whom we may have little or no control for the delivery of the aol access service (for example, to deliver emails sent to and from internet addresses).
8.3 We are not responsible for the deletion, corruption or failure to store email messages or other content on the aol access service. We do not warrant that any software or content available through the aol and/or internet access service is free of viruses, malware, worms, Trojan horses, or other programs or devices that appear to have the intent to access and modify, delete, or damage files. data(s) or computer program(s).
8.4 the aol access service is a consumer service and is not intended for use by customers in connection with the conduct of their business or that of their employers or contractors. if you choose to do so, it is entirely at your own risk and that of your employer or contractor, and we will not be liable for any resulting loss or failure.
8.5 under no circumstances will we be liable for any loss resulting from problems with any alarm system, or for any loss or damage suffered as a result of its malfunction or inoperability caused by the use of (or the inability to use) the services by anyone, including through suspension or termination of services in accordance with service agreements.
8.6 We will not be liable for any loss that we cannot reasonably foresee when the services agreements commence, or for any loss of data, profits, revenue or wasted business or expense, however caused, arising out of your use of the aol access services, internet, or any other third party claim related in any way to your subscription to aol access services. Unless explicitly stated in writing, we do not endorse or guarantee any product or service offered through the AOL and/or Internet Access Service by any third party, and we will not be a party to or responsible for monitoring any transaction between you and any such third party. we will not be responsible for any failure to perform or delay in performance of our obligations under this aol access agreement caused by matters beyond our reasonable control.
8.7 we will not be liable for any failure to perform, or delay in performance of, our obligations under any service agreements, caused by matters beyond our reasonable control (including the acts and omissions of bt and other technology service providers and telecommunications).
8.8 Without limiting the provisions of clauses 8.1 to 8.7 above (and except our liability for death or personal injury caused by our negligence, or our fraudulent misrepresentation, or under part 1 of the consumer protection act of 1987 , for which our liability shall be unlimited), our liability under or in connection with this agreement (whether arising from breach of contract, tort, negligence or otherwise), our liability under or in connection with the agreements of services or your subscription to or use of the aol access services (whether arising from negligence or otherwise) will not under any circumstances exceed the greater of
(a) 125% of the charges paid or payable by you for the service in respect of which liability arises during the twelve month period preceding the time liability arises, or (b) £5,000,
9. cancellation
9.1 Unless you have entered into a minimum term commitment by which you are still bound, your subscription runs for successive one month periods unless otherwise stated; each such period begins on your initial billing date, unless you or we cancel your subscription. consequently, your billing date will recur on the same date each month, unless otherwise specified.
9.2 cancellation by you
9.2.1 You can cancel your subscription by writing to us at Cancellation Desk, c/o Member Services, AOL Broadband, PO Box 387, Southampton SO30 9AL. see cancel aol broadband for more details on how to cancel your account. the cancellation notice provided by you will be processed within 72 hours of receipt. if requested, written confirmation of cancellation will be provided.
9.2.2 In order to process your request promptly, you must provide us with the information set out in canceling broadband. cancellation will be effective on the billing date after your cancellation notice is processed, or as agreed by us when canceling your subscription.
9.2.3 Please note that if you are an aol broadband subscriber, unless we offer you the ability to remain an aol talk only customer, or specifically request the use of our dial-up service, your Access account will be automatically canceled if you switch to another broadband provider using a Mac or, in certain cases, when you purchase a phone line lease from another service provider. your new service provider should tell you where this case is. Please note that if you are an AOL Broadband subscriber with line rental and calling service, cancellation of your broadband service will result in cancellation of your phone line and calling service as well, and vice versa.
9.2.4 at the time of cancellation, you will not be entitled to any refund of charges or other compensation, except where (i) we change the terms of the service agreements or the charges payable by you under them, and (ii) such changes will become effective prior to the end of your current billing period, and (iii) you notify us within 30 days of our notification of the change that you are canceling your subscription, in which case you may be entitled to a refund of charges you have paid in connection with the period between (a) the date such change is implemented and (b) your next applicable billing date.
9.2.5 when you cancel an account while you are still within a minimum commitment period for any access service to which you subscribe (except when you cancel as a result of a change in a service agreement under clause 11.4. 1 ), in addition to your obligations under clause 3.3.3, you will be obligated to pay us any outstanding amounts due under the applicable price plan agreements. see the applicable price plan agreements for more information.
9.3 cancellation by us
9.3.1 We may terminate or suspend your access account and related access services immediately with minimal notice where there are serious grounds for doing so, such as where you have breached this aol access agreement, or the aol web services agreement. aol that you are entering into with aol (uk) ltd and your breach is, in our reasonable discretion, especially serious, for example, where applicable laws or third party rights have been violated, or conduct has been generated from your access account and/or through your internet connection (with or without your knowledge) has negatively affected someone’s interests (including ours).
9.3.2 non-exhaustive examples include (i) illegal behavior; (ii) sending unsolicited mass email (“spam“), viruses, malware or other malicious code; (iii) behavior that affects our ability to provide the aol access service; (iv) failure to pay charges in accordance with this aol access agreement, where such charges remain unpaid after notice has been given that payment is due.
9.3.3 Alternatively, we may suspend your subscription, impose limitations or send you a warning instead of immediately canceling your subscription, for example, in situations of (i) less serious breaches of our aol access agreement; (ii) breach of any applicable fair use policy and/or limit set on your access account; or (iii) online behavior that causes annoyance, but is not (in our opinion) serious or intentional. for any subsequent breach, we may terminate your subscription immediately. If your aol access subscription is terminated for non-compliance, you may be required to provide certain commitments before we will allow you to re-join the aol access service. such permission is provided solely at our discretion.
9.3.4 We may also terminate one or all of the service agreements immediately if you are subject to insolvency or bankruptcy proceedings, or we may terminate one or more of the service agreements immediately if we are unable to provide one or more of the aol access services to you due to matters beyond our reasonable control.
9.3.5 In addition to our rights to cancel your subscription under clauses 9.3.1 and 9.3.4 above, we may cancel your subscription at any time in our sole discretion with 30 days’ notice. Whether you are a monthly plan customer or an annual plan customer, you will not be entitled to any refund of charges or other compensation, except that you will be entitled to a refund of charges you have paid in advance in connection with the period between (a) the date the cancellation takes effect, and (b) your next applicable billing date, except that (i) our notice to you properly specifies one or more material breaches of this aol access agreement for which you you are responsible for, or (ii) any material breach of this aol access agreement for which you are responsible is committed prior to the cancellation of your subscription. each such refund will be calculated and prorated daily (when you are a monthly plan customer), or monthly, and daily for any remaining portion of a month, when you are an annual plan customer. no other form of reimbursement, such as online time or other credits, will be credited to you, nor will it be converted to cash or any other form of reimbursement.
9.3.6 inactive status In addition to the termination rights we have under this aol access agreement, we reserve the right, in exceptional circumstances, to deactivate your access account if it has been inactive for more than 90 days . this means that you must use your access account regularly to access the internet in order to keep your registration active. Please note that not using your access account for a period of time does not automatically guarantee cancellation of your access account and if you wish to cancel your access account, you must follow the cancellation process described in 9.2 above.
10. disputes
We have a customer complaint code that explains the steps you need to take when you want to complain to us about something. you can obtain a copy from our website (www.aolbroadband.co.uk) or by calling our customer services team on 0844 499 5555.
11.1 Saving service contractsWe do not keep separate contracts concluded by our customers. you can access the service agreements online in the terms of service. We recommend that you print and/or save a downloaded copy on your own computer.
11.2 Code of Conduct We subscribe to the UK Internet Service Providers Association Code of Conduct. More information about this organization and its code of conduct can be found in the code of practice or at http://www.ispa.org.uk.
11.3 cooling-off period, unless otherwise indicated during the registration process and/or in the price plan agreement that governs your rate, when you successfully complete your customer registration, the aol access service It will be available for your use immediately. In this situation, you do not have the right to cancel this AOL Access Agreement during the cooling-off period that is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. However, this does not affect your ability to cancel your subscription in accordance with clause 9.2 above.
11.4 changes to service agreements
11.4.1 We may need to change one or more of the service agreements from time to time. We will provide you with notice at least 30 days before such changes become effective if these changes could reasonably be considered to have a material impact on you or to your disadvantage. if these changes could reasonably be considered to have a material impact on you or to your disadvantage and you do not agree with the proposed changes, your only recourse is to cancel your aol access subscription in accordance with clause 9 above. by continuing to subscribe to and/or use aol access services, you will have accepted the relevant changes.
11.5 warnings
11.5.1 We may need to notify you of important matters from time to time. Such notices may be emailed to you at your primary aol email address and/or any contact email address you provided to us during registration (your “contact email address). “), by postal mail to the address you provide us in registration, or by notice published in our terms of service. therefore, it is important that you visit our terms of service regularly to ensure that you are aware of any notices we may post there.
11.5.2 You must notify us of any changes to your personal data, including your contact details and/or billing account.
11.5.3 You can give us written notice at c/o member services, aol broadband, po box 387, southampton so30 9al, by emailing at http://myaolbroadband.co.uk/contact or by contacting with member services on 0844 499 5555 (call charges apply, see http://myaolbroadband.co.uk/supportme for details).
11.5.4 Effective dates of notices under service agreements.
11.5.4.1 apart from notices sent for the purpose of canceling a price plan agreement during any cooling-off period, the effective days of the notices shall be as follows: the email notice shall have been given on the date of delivery; postal notice will have been given two working days (ie Monday to Friday, excluding UK bank holidays) after dispatch by first class post. unsubscribe notice may require up to 72 hours for us to process. 11.5.4.2 notices sent for the purpose of canceling a price plan agreement during a cooling-off period will be effective on the date of dispatch when sent by email or post. this notice period will only apply to cancellation notices delivered during cooling-off periods specifically provided under the pricing plan agreements.
11.6 third parties, you agree that service agreements are not intended to and do not grant any rights or remedies to any person other than the parties to the service agreement, whether under contract law (rights of third parties) from 1999 or otherwise .
11.7 The invalidity, illegality or unenforceability of any provision of the service agreements will not affect or affect the continuation in force of the rest of the service agreements.
11.8 Governing Law and Jurisdiction The laws of England and Wales govern service agreements and your subscription. You and we submit to the exclusive jurisdiction of the appropriate UK court in relation to any dispute arising out of the service agreements or any use of the aol access service.
11.9 No Waiver If you or we fail to exercise any right or remedy under the service agreements, that failure will not operate as a waiver of that right or remedy, nor will it preclude further exercise.
11.10 Assignment We have the right to transfer, assign or subcontract any or all of our rights and obligations under the Service Agreements to a third party who is to provide the aol access service (or part thereof) upon notice in accordance with this aol access agreement. You may not assign or transfer the service agreements to a third party.
12. contact details
12.1 General Inquiries: If you have questions about the Service Agreements or your rights and responsibilities as an aol access customer, please contact us by email at http://myaolbroadband.co.uk/contact.
12.2 Personal Data Inquiries: To inspect, change or correct your identity and contact information, you can use manage account. To find out how you can inspect or correct other personal data, please contact customer service on 0844 499 5555. If you have any further questions about the handling or protection of your personal data, all written inquiries should be directed to data protection , c/o member services, aol broadband, post office box 387, southampton so30 9al.
12.3 customer service: You can contact our customer service department by phone on 0844 499 5555, by emailing us at http://myaolbroadband.co.uk/contact or by letter to member services, aol broadband, post office box 387, southampton so30 9al.
12.4 provider: aol access service is provided by talktalk telecom limited (trading as aol broadband) registered in england and wales under company number 04633015 with a registered address of 11 evesham street, london w11 4ar.
Please use the specific contact details specified above to ensure prompt processing of your requests.
aol web services agreement
this agreement is between you and aol (uk) limited (“aol“, “us” or “us“).
This aol web services agreement (the “agreement“) applies to your use of the aol websites (including aol.co.uk), as well as other pages, information , software, services, products and content that may be operated, hosted or managed by aol or its affiliates (collectively, the “aol Web Services“). Some of these products and services may require the use of a screen name, and this agreement contains terms that apply to your use of those products and services.
By using aol web services as a casual visitor or by completing the registration process to obtain and use a screen name, you signify your agreement to this agreement.
Print or save a downloaded copy of the agreement to your computer for your reference. the terms of this agreement may be updated, or additional terms may apply, from time to time. whenever you visit aol web services, look for these update notices, and when you see them, read them and print them and/or save a downloaded copy.
Because protecting your privacy is important, we’d first like you to clearly understand how you agree to the use of your personal information by clicking “I agree” when you sign up for aol web services.
1. personal information
1.1 Personal information is information that identifies you, including identity and billing information that you may provide to aol or that may be collected by aol through your use of aol’s web services (“personal information”). . your personal information will be collected, processed, stored and used by us, and transmitted to and processed by us and our affiliated companies (collectively, “aol group companies“) and other data processors acting under our control, to provide the services, provide customer support and for other purposes described in our privacy policy at http://www.aol.co.uk/privacy.
1.2 our privacy policy sets out seven privacy principles to which aol is committed. For more information visit www.aol.co.uk/privacy and if you are an aol software user using the aol keyword: privacy.
1.3 aol and any third party under our control may use your personal information (including demographic data) to personalize the content, advertising and promotions you receive and our communications with you, aol may do this by finding out which ads reaction to. o the areas of the aol web services that you visit most often, o the searches you perform while using the aol web services, and tailor your experience accordingly. We may also process personal information in connection with transactions you make with us or our partners, such as online merchants, through the AOL Web Services. For more information, visit AOL Keyword: Marketing Preferences or visit Marketing Preferences.
1.4 We may also use cookies: small data files that may be automatically stored on your computer’s hard drive when your web browser accesses certain web pages. Cookies allow us to provide you with a better service. More information about how we (and third parties) may use cookies and similar technologies (and how to opt out of receiving them) is provided in our privacy policy, or for more information, visit: cookie information, or if you are a user of aol software via aol keyword: cookies.
1.5 AOL group companies may keep you informed about their respective products and services (including special offers, discounts, deals and competitions). aol group companies may also keep you informed by post, telephone, email, sms and mms of those products and services offered by third parties selected by aol that may be of interest to you. aol or aol group companies will only send you marketing information from third parties with your informed consent, if you do not wish to receive marketing information from aol please let us know. For more information, visit keyword: marketing preferences, or visit marketing preferences. see also clause 1.10 below.
1.6 Your personal information may be disclosed if we or an entity processing your data on our behalf are required to do so by law, or if we receive a valid and legally compliant request from a government or law enforcement authority. If you provide us with a third party’s billing or payment card information, we may disclose your name and address, and data related to payments made using that payment method, to those third parties.
1.7 If you provide us with payment or billing information (such as a payment card number), you agree that aol group companies and their authorized data processors will have the right to collect, store and process those details and any related personal information . in order to provide, maintain, bill, fulfill, monitor usage of, and make improvements to aol web services.
1.8 For an unlimited period after your web services account has been cancelled, we may retain any payment-related information, such as a payment card number, that you provide to us (but only in an anonymous form that does not allows the owner of that payment method to be identified), for fraud prevention purposes.
1.9 aol web services are multinational, and many of the computers and companies that process data on our behalf are located in countries outside of the european union (“eu“), including the ee uu. We may collect personal information (which may include data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or about health or sex life), but we will not use it without your explicit consent. all personal information may be transferred, processed and stored both inside and outside the eu. Countries outside the EU may not have data protection laws as well developed to protect your information as those within the EU, but we will ensure that your personal information is treated in accordance with those laws, this agreement and our privacy policy. details of the companies and countries that process your data will be provided on request. details on how to contact us can be found in our privacy policy. for more information visit: privacy.aol.co.uk.
1.10 We encourage you to tell us your marketing preferences for your personal information. Unless and until you “opt out”, your name and contact details may be (a) used by aol group companies for a reasonable period after your use of aol web services ceases, and ( b) passed on to third party providers of selected goods and services and advertisers for 6 months after you cease to be a user of AOL Web Services, to market goods and services to you. notify us of your preferences visit keyword: marketing preferences or marketing preferences.
2. registration
2.1 While the enjoyment of some of AOL’s web services does not require registration and can be accessed as a “casual visitor”, access to other AOL web services requires completing a simple registration process to obtain a username. screen and a password required to enjoy these services.
2.2 We will open an account for you when you complete your registration (the “aol web services account“). You must provide complete and accurate information about yourself, and notify us to keep this information up to date. You must be at least 18 years old to sign up for a screen name. Parents and guardians who allow children (i.e., persons under the age of 18) for whom they are responsible to use AOL Web Services should help them set up their AOL Web Services account and monitor their use of AOL Web Services. oops Parents and guardians shall be responsible for their children’s use of AOL Web Services and compliance with this Agreement, and it is also the responsibility of parents and guardians to ensure that AOL Web Content and User Generated Content that your kids can find on aol’s web services is right for those kids. most of that content is not specifically designed for children to access.
You will select (or we may assign) a primary username that will be identified with your aol web services account (“primary username“). In some cases, AOL may offer you the opportunity to obtain additional secondary screen names that are associated with your AOL Web Services account (collectively, “screen name(s)”).
2.3 You may not request a screen name that is used by another person, is vulgar, attempts to impersonate another person, or violates the rights of others. We may reject any screen name that we determine in our discretion to be unacceptable for use on any of the AOL Web Services. all screen names remain the exclusive property of aol. aol grants you a limited, revocable, non-exclusive license to use your screen name(s) to access aol’s web services.
2.4 You must select a password to access your aol web services account. your password is the key that unlocks your aol web services account. aol will never ask you for your password. You agree not to disclose your password to other users. your aol web services account is at risk if you allow someone to use it inappropriately. you agree to indemnify and hold aol harmless from any illegal or improper use of your aol web services account, including illegal or improper use by a third party who used your password to access your aol web services account. For more information on how to change your password: visit aol.co.uk or click here.
3. third party content available through aol web services
3.1 Through the use of your screen name(s), you will be able to access a wide variety of enhanced content and services provided by aol or its affiliates through aol’s web services and/or aol’s software. oops You may also access content and services provided by third parties (“Third Party Content“). aol is not responsible for third party content. any issues or disputes related to third party content should be addressed directly with the applicable third party. Any dealings you have with advertisers on the aol web services are between you and the advertiser and you acknowledge and agree that we are not responsible for any loss or claim you may have against any advertiser.
4. idle state
4.1 In addition to the termination rights we have under this agreement, we reserve the right to deactivate your aol web services account if it has been inactive for more than a consecutive period of 90 days or more. This means that you must use your AOL Web Services account regularly, for example, by signing in to an AOL Web Service with your screen name to keep your account active. If we deactivate your aol web services account(s), we have the right to reassign the screen name(s) you used to access the aol web services account.
5. your responsibilities
5.1 You are responsible for compliance with this Agreement in your use of aol’s web services or aol’s software, whether accessed as an occasional visitor or by using a screen name. You may use the aol web services only for lawful purposes. You may not post, download or transmit any material (including User Generated Content, as defined below in clause 10.1), or engage in any conduct that:
5.1.1 infringes the rights of any third party, including but not limited to copyrights, patent rights, trademark rights, performer rights, trust rights;
5.1.2 is illegal, offensive, threatening, abusive, harassing, defamatory; misleading, fraudulent, invasive of another’s privacy, unlawful, or contains explicit or graphic descriptions or accounts of sexual acts;
5.1.3 victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
5.1.4 impersonates any person, business or entity, including aol and its employees and agents;
5.1.5 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 that allow unauthorized use of or access to a computer or computer network. ;
5.1.6 encourages conduct that would constitute a criminal offense or give rise to civil liability;
5.1.7 promotes or sells prohibited items, such as lotteries, gambling or gambling, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
5.1.8 violates this Agreement, the Acceptable Use Guidelines, or any policies posted on the aol Web Services, or
5.1.9 unreasonably interferes with the use of aol web services by others.
You may not use the aol web services 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 aol web services. You may not attempt to gain unauthorized access to AOL Web Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use available legal and technical remedies to prevent any breach or enforce this agreement.
we provide guidance on acceptable use; this can be found in our ‘community guidelines’ available at www.aol.co.uk/community and under aol keyword:chat help. If you violate these guidelines, we may, in our reasonable discretion, terminate your account and the use of your screen name without notice.
6. changes to aol web services
6.1 We may change or discontinue any aol web service or feature in an aol web service at any time without notice. We may impose general operating rules for AOL Web Services. For example, we may set limits on data storage, upload or download or impose “timeouts” if you are inactive on a particular AOL web service. certain aol web services will have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of that particular aol web service; those terms shall be deemed to be incorporated into and supplement this web services agreement. these additional terms will generally be set within the aol web service itself.
7. no spam
7.1 You may not use any of aol’s web services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including email and instant messages). You may not collect information about users for the purpose of sending or facilitating the sending of unsolicited mass communications. We may use any available legal or technical remedies to prevent unsolicited bulk communications from entering, using, or remaining within networks.
8. premium services
8.1 We may offer aol premium web services for a fee (“premium services“). payment terms and any other terms applicable to your use of such premium services in addition to those set forth in this agreement will be disclosed to you at the time you subscribe to a premium service.
9. access costs
9.1 You must provide at your own expense the equipment and internet connection you will need to access aol web services. those costs are in addition to any fees you pay if you choose to subscribe to any premium services.
10. content
10.1 Certain areas of the aol web services may allow you to post text, messages, images, audio and video, software and/or other information (“user generated content“) to which can be accessed and viewed by others. You may not post User Generated Content that violates this Agreement or any other terms that govern your use of the AOL Web Services. We do not claim ownership of any user-generated content you may post. However, by submitting User Generated Content to the public areas of the AOL Web Services, you grant us and our affiliates a perpetual, royalty-free, non-exclusive license to use, copy, display, perform, distribute , adapt and promote the User Generated Content in any medium and you agree that we may sublicense the User Generated Content to third parties.
10.2 We have no obligation to pre-screen User Generated Content, but we reserve the right to remove such content if, in our sole discretion, it violates this Agreement or any other requirements governing the posting of such content.
10.3 The copyright in all content on the aol web services, except user-generated content (“aol web content“) is owned by aol, its affiliates and/or or its licensors. You may only use AOL Web Content for personal, non-commercial purposes and in accordance with any additional terms and conditions notified to you in connection with the specific AOL Web Content. you may not circumvent any mechanism to prevent unauthorized reproduction or distribution of aol web content.
11. program
11.1 We or our partners may provide you with software for use with aol web services (“software“). such software shall be subject to the terms of any accompanying license agreement and the terms of this aol web services agreement. If you are not presented with a license agreement with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any computer or device from which you wish to access and use the Web Services. oops such software is protected by copyright and other intellectual property laws and treaties, and is the property of us, our affiliates, or licensors. you may not sell or redistribute the software. you may not incorporate it or any part of it into another product. You may not reverse engineer, decompile or disassemble the Software or attempt to derive its source code, except where and to the extent expressly permitted by law. You may not modify, adapt, or create derivative works of the Software in any way or remove any proprietary notices from the Software. You agree to comply with all applicable laws and regulations regarding the use of aol software and web services.
11.2 we can automatically check your version of any software and update it automatically. We are under no obligation to provide you with support, bug fixes, updates, upgrades, bug fixes, and/or improvements to any software, although we reserve the right to do so. We do not guarantee that any software that we may provide to you will interoperate with any software or device in a satisfactory manner. you warrant that you will use any software that I may provide to you in accordance with this agreement and that you will not use the software to violate any laws, regulations or rights of third parties.
12. our responsibility to you
12.1 the aol web services are provided without warranties of any kind and your use of the aol web services is at your own risk. however, aol will use reasonable skill and care in providing and maintaining the availability of the aol web services. aol and its affiliates expressly disclaim any warranties, representations or undertakings that you will be able to access or use aol’s web services at a time or place of your choosing. aol relies on third parties over whom you may have little or no control for the delivery of aol’s web services (for example, to deliver email sent to and from internet addresses). aol is not responsible for the deletion, corruption or failure to store email messages or other content. aol does not warrant that the aol web services are free of viruses, worms, Trojan horses or other programs or devices apparently designed to access and modify, delete or damage data files or computer programs. aol web services are consumer services and are not intended for use by you in connection with the conduct of your business or those of your employers or contractors. if you choose to do so, it is entirely at your own risk and that of your employer or contractor.
12.2 aol shall not be liable for any loss which aol could not reasonably foresee when entering into this agreement, or for any loss of data, profits, revenue or business or wasted expense, however caused, arising out of the use of aol web services or for any other claim related in any way to your relationship with aol. aol does not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to or responsible for monitoring any transaction between you and any such third party. we will not be liable for any failure to perform or delay in performance of our obligations under this agreement caused by matters beyond our reasonable control.
12.3 without limiting the preceding paragraph (and except for aol’s liability for death or personal injury caused by its negligence, for which aol’s liability shall be unlimited), aol’s liability under or in connection with this agreement or Your use of the aol web services (whether arising from negligence or otherwise) will in no event exceed £500, regardless of cause or form of action. your statutory rights are not affected.
13. compensation
13.1 You agree to defend and indemnify aol and the aol group companies harmless against all liabilities, claims and expenses, including reasonable legal fees, arising from any infringement of third party intellectual property or other rights resulting from any breach of this agreement for which you are responsible. aol reserves the right, at its expense, to assume the exclusive defense and control of any matter subject to indemnification by you. in that event, you will have no further obligation to indemnify aol in that matter.
14. termination
14.1 Unless expressly stated otherwise in any additional terms governing the use of specific aol web services (for example, premium services), we do not charge you for the use of aol web services and, as a result, We may terminate or suspend your use of the aol web services at any time, without cause and without notice.
14.2 your right to use aol web services and your screen name(s) may end once your account is terminated and data you have stored on aol web services may no longer are available to you. therefore, it is important that you keep your own archival copies of any data that is valuable to you. if you have subscribed to any premium services or other products or services for which payment is required, you remain responsible for paying any amounts due on your account at the time your premium service and/or account terminates. if you participate in any free promotional offer to access a premium service, you must cancel such premium service before the end of the free trial period to avoid incurring charges.
14.3 termination, suspension, cancellation of aol web services account(s) and aol access account(s).
14.3.1 if you have an account for aol broadband internet access and/or aol dial/narrowband internet access (the “aol access account“) and aol access account is suspended or canceled or terminated for breach of its terms and conditions of service, aol reserves the right to suspend, cancel or cancel any or all associated aol web service accounts you may have, at any time. time, without prior notice.
14.3.2 you acknowledge and agree, since aol login accounts and aol web services accounts are interrelated, that the termination, suspension or cancellation of your aol web services account, for any reason, it may mean that you cannot continue to use your screen name to access aol login accounts and/or aol software.
14.4 if you wish to cancel your aol web services account, you can:
(i) simply discontinue use of your aol web services account; or alternatively
(ii) contact us by sending us an email from your aol email address. if you have multiple screen names and email addresses linked to your aol web services account, you should use the email address linked to your primary username and include the words cancel my account in the header; For more information on how to terminate your account, visit aol.co.uk or www.aol.co.uk/terminate.
14.5 Effect of Cancellation of Your Aol Web Services Account on Premium Services: If you cancel your Aol Web Services account or your Aol Web Services account is cancelled, any premium services linked to your Aol Web Services account aol web will also be terminated unless otherwise provided for in the terms and conditions relating to the premium services in question. if you want to cancel any premium service.
15. changes to this agreement
15.1 We may change this Agreement from time to time. We will post the updated agreement on aol web services, and it will be effective immediately or on a date indicated in the posting or in a notice we send to you. Your continued use of AOL Web Services after the changes become effective means that you agree to the updated Agreement. You are responsible for regularly reviewing this Agreement and any additional terms posted on the AOL Web Services. If you do not agree to the changes made to this agreement, you may simply cancel your aol web services account as provided in clause 14 above.
16. contact with aol and disputes
16.1 if you have a comment or complaint about aol’s web services, please visit: http://info.aol.co.uk/help/complaints.
17. notices
17.1 You agree that we may send you in electronic form any notice, disclosure, report, document or other communication relating to the aol web services (collectively, “notices“). We may send you notices (1) to the email address you provided to us during registration for this purpose, (2) to any aol email account, or (3) by posting the notice on the applicable service or otherwise to via aol.co .uk. any notice from us will be considered effective on the day after we send or post it.
18. full agreement
18.1 This Agreement, together with other documents and agreements referenced or entered into hereunder, constitutes the entire agreement between you and us in relation to the aol web services. Please note that separate terms and conditions may govern your use of other services we provide from time to time, such as PC-to-SMS messaging and antivirus subscriptions.
19. jurisdiction and choice of law
19.1 This agreement is governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of this agreement.
20. homework
20.1 We may assign this agreement to any third party, which must provide the aol web services (or any part thereof) at any time without notice. you may not assign this agreement to anyone else.
21. third parties
21.1 You agree that this Agreement is not intended to confer or grant any rights or remedies to any person other than the parties to this Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise .
22. compensation
22.1 The invalidity, illegality or unenforceability of any provision of this agreement shall not affect or affect the continuance in force of the rest of this agreement.
23. no waiver
23.1 If you or we fail to exercise any right or remedy under this agreement, that failure shall not constitute a waiver of that right or remedy, nor shall it preclude further exercise.
Additional terms that apply to specific services available on aol web services are set forth below:
24. webmail
24.1 Unless otherwise noted, the maximum space allocated to your webmail account is 2 gigabytes. any email sent to your webmail account that has an account size of more than 2 gigabytes may be returned to the sender.
We may not be able to transmit emails through our systems that are larger than 16 megabytes.
24.2 Messages that we identify as spam will be placed in your spam folder. emails in your spam folder will be automatically deleted after five days.
24.3 We do not guarantee the transmission or receipt of any email. you are solely responsible for backing up and archiving any important email. we may delete email from our computers after delivery or when email remains unread more than 10 days after delivery or sooner for technical reasons (for example, if your storage limit is exceeded). aol is not responsible for the deletion, corruption or failure to store email messages.
24.4 In any event, all data stored in your webmail account may be deleted, effective immediately, if your aol web services account is suspended, canceled or terminated.
25. aol photos
25.1 If you don’t use aol images for six months, aol may automatically delete any images you’ve uploaded.
25.2 Any images you upload and share with others will remain accessible to them even if you later cancel your aol web services account.
25.3 All content you have uploaded to aol pictures may be removed if we terminate your aol web services account for breach of this agreement.
26. magazines and aol homepages
26.1 the maximum total storage space available per aol web services account is 100 megabytes. this limit is shared between aol magazines and home pages, so if you’ve used 80 megabytes of your storage limit on aol magazines, you’ll have 20 megabytes of capacity for home pages.
26.2 All content you have uploaded to aol magazines and homepages may be removed if we terminate your aol web services account for breach of this agreement.
27. message boards
27.1 Any information you post on message boards will be publicly accessible, but may be removed six months after the date you post the information. Information you have posted on message boards may be removed if you breach this agreement.
aol web services are provided by: aol (uk) limited, a limited liability company registered in england under company number 03462696 with its registered office at 68 hammersmith road, london, w14 8yw. VAT registration number: 766 4516 05.