Microsoft Passport Network Terms of UseLast Updated: July 2005 1. This Is a Contract Between You and Microsoft.The Microsoft Passport Network is a multi-site authentication service that makes it easy for you to sign in to Web sites and conduct e-commerce transactions. You can find out more about the Passport Network by going to the Passport Network Web site. This is a contract between you and Microsoft Corporation (located at One Microsoft Way, Redmond, WA 98052-6399) or, based on where you live, a Microsoft Corporation affiliate. We will refer to ourselves in this contract as either "Microsoft," "we" or "our." You are an individual person. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct. This contract covers your use of the Passport Network, and includes any other related services, software, machines, support, content and other media, papers, updates or upgrades. We refer to these all as the "Passport Network." Please note that this contract limits our liability and we do not provide warranties for the Passport Network. The contract also limits your remedies. These terms are in Sections 8 and 9 and we urge you to read the terms carefully. 2. How and When You May Use the Passport Network.We will provide you with credentials on the Passport Network to use with the Passport Network. We provide the Passport Network for your personal use. You may not use the Passport Network for commercial purposes or in a way that is against the law. You may not use any software or hardware that reduces the number of users directly accessing or using the Passport Network (sometimes called "multiplexing" or "pooling" software or hardware). You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "Microsoft Parties"), or any customer of a Microsoft Party. We may tell you about certain specific harmful uses in a code of conduct or other notice available through the Passport Network. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide. If you wish to offer the Passport Network to users of your own application, Web site, or Web service, then you must enter into a different contract with Microsoft. 3. Spam Is Prohibited and Causes Damage.Without limiting the general nature of Section 2, you will not use the Passport Network to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Passport Network in any way that violates the Microsoft Anti-Spam Policy. You may view the Anti-Spam Policy at http://privacy.msn.com/anti-spam. A breach of any part of the Anti-Spam Policy is a breach of this contract. 4. You Are Responsible For Your Passport Network Account.You are responsible for all activity under your Passport Network account. You are responsible for keeping confidential any password for your Passport Network account. You must tell us right away about anyone using your account without your consent, or any security breach that relates to the Passport Network. 5. Third Party Dealings; Third Party Websites.You are solely responsible for any dealings with third parties (including advertisers) who support the Passport Network, including the delivery of and payment for goods and services. This contract applies to you whenever you access or use your Passport Network credentials. When you use the Passport Network to gain access to any site or service on the Passport Network, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit. 6. Materials You Post or Provide.You may be able to submit materials for use in connection with the Passport Network. We do not claim ownership of the materials you post or otherwise provide to us (including feedback) related to the Passport Network (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, and modify your submission, each in connection with the Passport Network, and to publish your name in connection with your submission. You also give the public permission to grant this permission to other persons. This section only applies for legal content, and to the extent that use and publishing of such legal content does not breach the law. We will not pay you for your submission. For each submission, you must have all rights necessary for you to grant the permissions in this section. 7. How We May Change the Contract.If we change this contract, then we will tell you at least 30 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Passport Network before the changes are in force. If you do not stop using the Passport Network, then your use of the Passport Network will continue under the changed contract. 8. WE MAKE NO WARRANTY.We provide the Passport Network "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. 9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.You can recover from the Microsoft Parties only direct damages up to an amount equal to your Passport Network fee for one month, if any. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to
It also applies even if
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages. 10. Changes to the Passport Network; Our Cancellation of Access to Passport NetworkWe may change the Passport Network or delete features at any time and for any reason. We may cancel or suspend your access to the Passport Network at any time. Our cancellation or suspension may be without cause and/or without notice. Upon such cancellation, your right to access or use the Passport Network stops right away. Once your access to the Passport Network is cancelled or suspended, any data you have stored on the Passport Network may not be retrieved later. We may cancel or suspend your access to the Passport Network for inactivity, which we define as failing to sign in to the Passport Network for an extended period, as determined by us. When we cancel your Passport Network credentials, your right to use the Passport Network immediately ceases. 11. Your Cancellation of Access to Passport Network.You may cancel your access to the Passport Network at any time, with or without cause, upon notice to us as specified in the customer support or "help" area for the Passport Network. 12. Choice of Law and Location for Resolving Disputes.If this contract is with Microsoft Corporation, then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. If this contract is with a Microsoft affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such Microsoft affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which we direct your Passport Network account. If this contract is with Microsoft Corporation, you consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA for all disputes relating to this contract or the Passport Network. If this contract is with a Microsoft affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Microsoft affiliate for all disputes relating to this contract or the Passport Network. You cannot revoke this consent. 13. Interpreting the Contract.All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between us regarding your use of the Passport Network. It supersedes any prior contract or statements regarding your use of the Passport Network. If you have confidentiality obligations related to the Passport Network, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract. 14. Assignment.We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Passport Network account. The other party may then establish a Passport Network account and enter into a contract with us. 15. Claim Must Be Filed Within One Year.Any claim related to this contract or the Passport Network must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. 16. Your Notices to Us.You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the customer support or "help" area for the Passport Network. 17. Our Notices to You; Consent Regarding Electronic Information.This contract is in electronic form. There may be other information regarding the Passport Network that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your access to the Passport Network. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for your Passport Network account, (2) by access to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Microsoft web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail. 18. Privacy.For information regarding your privacy, see the Passport Network Privacy Statement. | ||||