.Mac - Membership Agreement and Acceptable Use Policy

.Mac Terms and Conditions

.Mac membership agreement and acceptable use policy

By registering for a .Mac account and/or using or contributing to .Mac, you are agreeing to the following terms and conditions (the "Agreement"). If you do not agree to any of the following terms, please do not use .Mac. As used herein, "Apple" means and refers to Apple Inc., One Infinite Loop, Cupertino California and, where applicable, Apple Sales International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.

Apple may change, add or remove any part of this Agreement, or any part of the .Mac services and features, including price, at any time. If it does so, Apple will post such changes on the .Mac site. Your continued use of .Mac after we post and/or notify you about such changes, constitutes your acceptance of those changes. If any such changes are unacceptable to you, you should discontinue using .Mac.

SYSTEM REQUIREMENTS

Requires internet access with compatible ISP (broadband internet connection highly recommended); fees may apply. For Mac users: Macintosh computer with Mac OS X v10.4.10 or later (Mac OS X v10.5 or later recommended); minimum of 256MB RAM; Safari v1.3 or later (v2.0 or later required for Web Gallery), or Firefox v1.0.4 or later (v1.5 or later required for Web Gallery). For Windows users: Windows XP (required for iDisk Utility for Windows XP) or Windows Vista; Safari v3 Public Beta, Firefox v1.0.4 or later (v1.5 or later required for Web Gallery), or Microsoft Internet Explorer v6.0 or later. Some .Mac features require Mac OS X v10.5 Leopard and iLife ’08, available separately.

USING .MAC

To use a .Mac account, you must be at least 13 years old (or such older minimum age as may be required by applicable local law). If you are under the required age, you may still use .Mac (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian.

This Agreement is a legal document that sets forth your rights and obligations as a .Mac user. You cannot use .Mac until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use .Mac. Your use of .Mac is also subject to the Apple Customer Privacy Policy, which is expressly made a part of this Agreement.

When you accept this Agreement and complete the .Mac registration process, you become the account holder. As a .Mac account holder, Apple provides you with a limited, non-exclusive license for no more than the term of your membership (or, if you are a trial user, for the term of your trial period) to use the member name and password provided to you for your account. Your member name, when confirmed by Apple, is your online identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.

As used in this Agreement, "Content" means the information, data, text, software, music, graphics, photographs, images, sounds, videos, messages and all other like materials you encounter or generate through your use of .Mac or on-line through the Internet.

TRIAL PERIOD USE

If you are not ready to become a .Mac member, you may wish to use a "trial" version of .Mac for a limited period, which cannot be longer than sixty (60) days. Some features of .Mac may not be available in the "trial" version, or the functionality of available features in the "trial" version may be limited. During this trial period, you agree that Apple will have the right (subject to applicable local law) to send you communications, notices and news about .Mac, either to the Mac.com account assigned to you for your use or to any alternate email address you have given us. (Local law may allow you to revoke your consent to receiving these communications at any time during the trial period.) You will also be subject to the provisions of this Agreement during any trial period. If you do not become a member prior to the end of your trial period, your access to .Mac will be terminated, and all Content you may have created in .Mac during the trial period will be deleted. (See "Account Deactivation and Removal of Content", below.) Any information you have given us with respect to your trial period use will be in our system, and it will be subject to the terms of Apple's corporate Privacy Policy. Any individual features of .Mac you may have used during the trial period, which are subject to separate software licenses, will also be terminated as provided in those license agreements.

PAYMENT

If you elect to become a .Mac member, you agree to pay all charges for .Mac at the prices set forth on the .Mac site and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. Apple reserves the right to change prices or to institute new charges for .Mac or any portion of .Mac at any time, upon prior notice. Price changes and institution of new charges implemented during your membership period will apply to subsequent membership periods and to all new .Mac users after the effective date of the change. All pricing changes will be posted on the .Mac site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of .Mac, or your failure to terminate your membership, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent membership periods.

Consult your .Mac account management page for details on billing currency for services purchased on-line. Invoices will be provided electronically to your .Mac email account. Apple will charge the annual .Mac membership fee, and any fees for additional .Mac features or services, to the credit card account provided by you. You also agree that Apple may automatically charge your credit card for renewal of your membership without further authorization from you, unless and until you provide Apple with at least five (5) days prior notice that you do not wish to renew your membership to .Mac or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your .Mac membership by clicking here. On an annual basis, you will receive an email to your Mac.com email address about 30 days prior to the anniversary of your membership. The email will remind you that the credit card you used for your original membership will be billed on the anniversary date. If you do not elect to renew your membership, all Content you have created and stored on .Mac will be deleted at the expiration of your membership period. (See "Account Deactivation and Removal of Content", below.)

If payment is not received by Apple from your credit card issuer or its agents, you agree to pay all amounts due from you for your .Mac membership, upon demand by Apple.

CANCELLATION

Apple will accept cancellations of your membership (including any upgraded service) within the first thirty (30) days of your annual membership, and you will receive a prorated refund for the remainder of that annual membership period. Applicable local law may vary this policy. To cancel your account, please complete the "Still need help?" form and select "I want to cancel my membership or add-on" in the "Specific Request" box.

Please note that boxed versions of .Mac software purchased through Apple Retail Stores, the Apple Online Store, or other vendors must be returned to the original place of purchase and must follow the returns and refunds policies of those stores. PLEASE NOTE: boxed versions of the .Mac software must be activated within nine (9) months of the date of purchase.

AVAILABILITY OF THE SERVICE

While Apple makes reasonable efforts to ensure that .Mac is available at all times, Apple does not guarantee, represent or warrant that .Mac services will be uninterrupted or error-free, and Apple does not guarantee that users will be able to access or use all the .Mac features at all times.

Subject to any specific license agreements for various .Mac software features (including third party software), Apple may change, suspend or discontinue any (or all) aspects of .Mac at any time, including the availability of any .Mac feature. Apple may also impose limits on the use of or access to certain features or portions of .Mac, or restrict your access to any part or all of .Mac, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of .Mac, if you elect to use those products, services or features.

Apple also does not guarantee or warrant that any Content you may have in your account at .Mac will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Content. Unless otherwise expressly provided in the terms of any service or feature offered in .Mac, Apple will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Content in your account and stored on the .Mac system is damaged, lost or corrupted in any way, Apple will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular .Mac feature or service.

ACCEPTABLE USE POLICY GUIDELINES

Apple encourages .Mac users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use .Mac. These rules and standards are described in this Agreement. As a .Mac user, you agree to comply with this Agreement, and you acknowledge that Apple has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your .Mac account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, Apple may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for .Mac to legal action—as Apple deems necessary or appropriate. Apple is not required to provide notice prior to terminating your .Mac access for violating these rules and standards, but it may choose to do so.

You are solely responsible for your conduct while using .Mac, and the conduct of anyone using your account or any sub-accounts, including any Content you generate, transmit or store on any .Mac system and/or user account (e.g. your email, idisk, or photo gallery). Apple is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement.

A member's use of .Mac should conform to the requirements of the law, respect for the rights of other users of .Mac and third parties, and current standards for communicating on-line. By your use of .Mac, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable laws.

Apple reserves the right to terminate your access to .Mac at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any sub-account), your infringement of Apple's or .Mac's or others' intellectual property, or any other circumstances which, in Apple's sole discretion, merit termination. Any such termination may, if Apple elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

Illegal, Tortious and Prohibited Conduct

.Mac may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Apple to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If Apple elects to terminate your right to use .Mac as a result of any illegal or prohibited conduct, Apple may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

Examples of prohibited conduct are:

Posting obscene Content (including child pornography)
Planning illegal activity, such as building a bomb or counterfeiting money
Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), another .Mac user, an Apple employee, or a civic or government leader; Apple reserves the right to reject or block any .Mac user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
Using false statements to get, or to attempt to get, account information or other private information from other .Mac or Internet users
Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
If you believe that illegal, tortious or other prohibited Content is being transmitted through any .Mac service, you may report it by submitting a completed .Mac Abuse form.

Apple reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, Apple reserves the right to comply with any civil court orders and/or subpoenas. If Apple decides to investigate or resolve possible misuse involving you or anything you do on .Mac, Apple is entitled, except to the extent prohibited by applicable law, to disclose any information about you in Apple's possession in connection with your use of .Mac and anything you do with .Mac to law enforcement or other government officials, as Apple in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of .Mac, you authorize Apple to take any such actions.

Objectionable Conduct and Content

It is essential that all Content on .Mac reflect the provisions of this Agreement. Apple reserves the right to remove Content if Apple becomes aware of any Content in any .Mac area which, in Apple's judgment and sole discretion, does not conform to this Agreement. Apple may send you a warning about the violation of this Agreement if your .Mac account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, Apple reserves the right to terminate, with or without notice, the accounts of .Mac users who violate this Agreement. In such case, you will not be entitled to any refund of your annual membership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).

Examples of objectionable conduct and Content that violate the .Mac acceptable use policy are:

Harassing, threatening, or embarrassing another .Mac or Internet user, including unsolicited commercial communications
Stalking another .Mac or Internet user ("cyberstalking")
Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends
Posting Content that defames, abuses or threatens physical harm to others or yourself

Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, Apple reserves the right to make the final determination about whether Content is objectionable or not.

If you encounter something you find inappropriate, you may report it by submitting a completed .Mac Abuse form.

Copyright and Intellectual Property Infringement

Much of the Content available through .Mac is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using .Mac, make sure you have been given the legal right to do so by the owner of the content. The Mac OS X software folder on iDisk contains third-party software, which has been licensed by the developers thereof to Apple.

You may download and use this software for your own personal use, subject to any rights retained by the developers.
You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the Content you find through .Mac, unless you have the legal right to do so; and
You must not make available serial numbers for software for the purpose of illegally validating or registering software.

Making unauthorized copies of any Content can lead to the termination of your .Mac access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Apple because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify Apple, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of Apple hiring attorneys to defend against the action.

By submitting or posting Content on areas of .Mac accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant Apple a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will terminate within a commercially reasonable time afteryou or Apple remove such Content from the public area.

If you believe that any Content in which you claim copyright has been infringed by anyone using .Mac, please contact Apple's agent (see below), and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Apple to locate the material;
Information reasonably sufficient to permit Apple to contact the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Apple's copyright agent for notice of claims of copyright infringement on or regarding .Mac can be reached as follows:

By email: copyrightagent@apple.com

By mail:
Copyright Agent
Apple Inc.
1 Infinite Loop, MS 3-TM
Cupertino, California 95014
U.S.A.
Fax: (408)253-0186

Violations of System and Network Security

Violations of system and network security are prohibited, and may result in criminal and civil liability. Apple will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
Falsifying your user identity or providing other false information to Apple or to other users of .Mac in connection with your use of .Mac or any feature of .Mac
Posting viruses or software designed to create a virus or to do harm to .Mac, any .Mac members or users of .Mac, or any network
Taking any other action to disrupt the normal use of .Mac or the Internet by other users
Use of software that allows your account to stay logged on while you are not actively using the account
Unsolicited E-Mail ("Spamming" and "Mailbombing")

This Agreement prohibits abuse of .Mac's e-mail and related functionalities. Some specific examples of prohibited actions are as follows:

Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements ("bulk" means sending the same or substantially similar messages to more than 25 e-mail users in a single day); Apple reserves the right to block unsolicited commercial e-mail if a .Mac user objects to receiving such e-mail, even if it is not considered "bulk" e-mail
Using information collected from any .Mac user or .Mac user directory or any other area of .Mac for the purpose of sending unsolicited e-mail, whether or not it qualifies as "bulk" e-mail
Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) ("excessive" includes posting the same or substantially similar messages to ten (10) or more groups in a single day)
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message ("spoofing")
Using another site's mail server to relay mail without the express permission of the other site
Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a .Mac account, remailer, or otherwise through any feature of .Mac, or using a .Mac account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities
Exceeding Account Limitations

.Mac has been designed for personal use and is not intended to be used to host e-commerce businesses conducting commercial sales and/or transactions over the Internet, including, but not limited to, any online store or shop, or software distribution. Also, .Mac accounts are not intended to be used for FTP access and downloading. The features, accounts and services which make up .Mac are limited in terms of the bandwidth for network traffic and disk utilization for storage allocated to them, as described in the .Mac feature pages. Exceeding any applicable limitation of bandwidth or storage capacity (for example, iDisk or e-mail account space) is prohibited. To view your current storage and data transfer or bandwidth allocations, log in to your .Mac account page. In addition, if there is Excessive Usage on your account or any sub-account, Apple reserves the right to temporarily disable access to information available from your account through a URL, or to "bounce" emails back to senders. "Excessive Usage" as used herein, may apply to storage and/or bandwidth capacities, and means your usage within a given month greatly exceeds the average level of monthly usage of .Mac’s members generally. Repeated violations may result in termination of your account.

In addition to the .Mac account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:

Operating any type of e-commerce site, including any online store or shop, or software distribution, or any website whose primary purpose is to generate advertising revenue through the posting of automated Content (i.e. ’zombie’ site)
Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other .Mac users
Reselling, renting or subleasing .Mac space under any circumstance
Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding .Mac users other than for personal, non-commercial purposes
Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters

INVESTIGATIONS

APPLE RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL .MAC FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.

When Apple becomes aware of possible violations, Apple may initiate an investigation, which may include gathering information from any .Mac user or account involved, any third party and any complaining party.

During the investigation, Apple may suspend or terminate any or all of a user's .Mac accounts involved and/or remove the Content involved from Apple's system. If Apple believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the .Mac system, warnings to the .Mac user(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, Apple believes that any criminal activity has occurred, Apple reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

BY BECOMING a .Mac USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST APPLE, AND TO HOLD APPLE HARMLESS AND INDEMNIFY APPLE WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE APPLE OR RECOVER ANY DAMAGES WHATSOEVER FROM APPLE AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE .MAC SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR .MAC ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

SOFTWARE LICENSES

If you use a .Mac account, then these provisions relating to software licenses apply to you. Nothing in these provisions, however, supersedes any terms of any end-user license for software provided with your computer or any separate software application provided to you as part of .Mac.

Apple provides you with a limited license to use the software providing access to .Mac, which you agree to use in accordance with these rules. You may not resell, sublicense, or charge others to use or access, this software. Apple will occasionally provide automatic upgrades to improve your online experience.

Apple grants to you a non-exclusive, limited license to use the software designed to provide access to .Mac for the sole purpose of connecting you to .Mac. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that Apple's introduction of various technologies may not be consistent across all platforms and that the performance and some .Mac features may vary depending on your computer and systems and other equipment.

ACCOUNT DEACTIVATION AND REMOVAL OF CONTENT

Apple reserves the right to disable your access to .Mac and to remove any Content you may have stored on .Mac (including, but not limited to, email, web pages, iDisk files and back-ups) under the following circumstances:

At the end of any trial period, if you do not elect to become a paid .Mac member.
Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
If your credit card is declined upon renewal of your membership or when you elect to become a member after a trial period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Apple.

Apple will notify you via email to your Mac.com Email address, or an alternative email account, that your access to .Mac will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE .MAC SOFTWARE AND/OR SERVICES IS AT YOUR SOLE RISK. THE .MAC SOFTWARE AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. APPLE MAKES NO WARRANTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY RESULTS THAT MAY BE OBTAINED FROM THE .MAC SOFTWARE AND/OR SERVICES, OR THAT SUCH RESULTS WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, (II) ANY VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE ENCOUNTERED OR TRANSMITTED THROUGH YOUR USE OF THE .MAC SOFTWARE AND/OR SERVICES, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, APPLE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH .MAC AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH .MAC.

IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE .MAC SOFTWARE AND/OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR .MAC USE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS OR LOSS OF USE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLE'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY .MAC SOFTWARE AND/OR SERVICES SHALL BE CANCELLATION OF YOUR ACCOUNT AND/OR CESSATION OF YOUR USE OF .MAC.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to defend, indemnify and hold harmless Apple, its affiliates, subsidiaries, directors, officers, employees, agents and contractors from and against any and all claims, demands, damages, losses, liabilities or expenses (including but not limited to attorney’s fees) made or claimed by a third party, relating to or arising from: (i) your use or misuse of the .Mac Software and/or Service; (ii) any violation by you of this Agreement; or (iii) your violation of any rights of another. This obligation shall survive the the termination or expiration of this Agreement and/or your use of .Mac.

You acknowlege that you are responsible for all .Mac use originating from your .Mac account, including any use by sub-accounts, and that this Agreement applies to any and all usage of your account, including any use by sub-accounts. You agree to comply with these terms and to defend, indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of your account or any sub-account, whether or not such usage is expressly authorized by you.

NOTICES

Apple may give notice to any .Mac user by sending an e-mail message to the user's mailbox or by sending a letter via postal mail to the contact address listed in the user's .Mac registration. .Mac users may contact Apple by filling out the ".Mac Feedback Form" in the "Submitting comments and ideas" section of the .Mac Help system.

U.S. EXPORT CONTROLS

You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your .Mac account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

LEGAL PRINCIPLES

This Agreement represents your entire agreement with Apple with respect to .Mac. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a .Mac user, and Apple.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as required by applicable non-U.S. local or national law, the laws of the State of California, United States of America, excluding its conflicts of law rules, govern this agreement and your use of .Mac. Your conduct and use of .Mac may be subject to other local, state, national (U.S. and non-U.S.), and international laws. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You and Apple expressly agree that any claim or dispute that arises between you or Apple regarding .Mac or relating in any way to your account or your use of .Mac shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Apple reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of .Mac following any amendment of this Agreement will constitute your acceptance of its revised terms. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern. You agree that any claim or cause of action arising out of or related to the use of .Mac or this Agreement must be filed within one (1) year after the cause of action arose or be forever barred.

Under California Civil Code Section 1789.3, California .Mac members receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254. You can also access the California Department of Consumer Affairs through its web site, www.dca.ca.gov.

FOR.MAC USERS OUTSIDE THE UNITED STATES:

THE .MAC SERVICE IS PROVIDED BY APPLE INC. AND IN EUROPE, APPLE SALES INTERNATIONAL, HOLLYHILL INDUSTRIAL ESTATE, HOLLYHILL, CORK, IRELAND. THE PERSONAL INFORMATION WHICH YOU GIVE APPLE WILL BE USED TO ESTABLISH YOUR ACCOUNT (WHETHER A TRIAL ACCOUNT OR OTHERWISE) AND WILL BE TRANSFERRED TO AND MAINTAINED IN .MAC RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR THE .MAC SERVICE.

Revised October 2007