AOL Voice Services

AIM Phoneline Terms of Service

Welcome to the FREE AIM Phoneline service (also referred to as the "Service" or "FREE AIM Phoneline") offered by AOL Enhanced Services LLC ("AOL ES"). The following terms govern your use of the Service and constitute an agreement between you and AOL ES ("Agreement").

BY REGISTERING, INSTALLING OR USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT.

Please review this Agreement carefully. Your agreement to the following terms means that (a) you acknowledge that the Service is not a standard telephone service, (b) you acknowledge that there are no emergency dialing features with the Service, (c) you consent to the Service's privacy practices reviewed in Section 18 below, (d) you consent to resolve any dispute regarding the Service in Virginia, and (e) you consent to transact with AOL ES and receive required notices electronically. Do not sign up for or use the Service if you do not agree to the terms of this Agreement.

  1. Additional terms. Your use of other premium services offered through AOL ES may be subject to additional subscription terms, policies and guidelines. AOL ES will present you with any supplemental terms at the time you sign up for the particular service.
  2. The FREE AIM Phoneline Service. FREE AIM Phoneline is an enhanced service that enables you to hold voice conversations through your AOL® Instant Messenger™ or AOL service ("AIM or AOL"). As part of the Service, AOL ES will assign you a new telephone number, within an area code associated with the address you provide us during registration, that allows anyone to place inbound calls directly to your AIM or AOL account ("FREE AIM Phoneline Telephone Number"). If a telephone number within an area code associated with the address you provide us during registration is not immediately available, you may be offered the option to obtain a telephone number outside your calling area. If you agree to accept such a telephone number, you acknowledge that callers from your local area may incur toll charges when they call your AIM Phoneline number. You may not transfer an existing phone number from another provider or telecommunications carrier. You must be on the Internet and logged on to your AIM or AOL account in order to receive calls. You cannot make outbound calls. The Service is not a replacement for standard telephone service. The Service operates only through your designated AIM or AOL account when you are on the Internet. It will not be available if you lose power, if you are not logged into your AIM OR AOL service, or if your Internet connection slows or is interrupted, disconnected, or terminated. The FREE AIM Phoneline Telephone number is proprietary to AOL ES and you may use that number only in connection with your AIM or AOL service. You can find a description of the most current features of the Service by going to AIM Phoneline Features. The Service currently is offered only in the USA. It may not be available in all geographic locations. The Service is offered by AOL Enhanced Services LLC, located at 22000 AOL Way, Dulles, Virginia 20166 USA, with the telecommunications carrier of record being Broadwing Communications LLC. The Service is subject to different regulatory treatment than traditional landline telephone service and your rights under state and federal laws may thus be limited or otherwise affected.
  3. No 911 emergency dialing. You understand and agree that since you cannot place outbound calls on the Service, you will not be able to use FREE AIM Phoneline to place 911 emergency calls. YOU AGREE THAT AOL ES, ITS PARENT, OFFICERS, EMPLOYEES, VENDORS, SUPPLIERS AND TELECOMMUNICATIONS PROVIDERS WILL NOT BE LIABLE FOR YOUR INABILITY TO DIAL 911 OR TO ACCESS EMERGENCY SERVICES PERSONNEL. You acknowledge that in order for you to place emergency calls, you are responsible for purchasing and maintaining at your own expense traditional wireless or wire line telephone services that offer access to emergency services. You also understand and agree that AOL ES is not required to offer 911 emergency access services through FREE AIM Phoneline; however, you may be able to upgrade to other AOL ES services such as Unlimited AIM Phoneline and AOL Total Talk that will allow you to place outbound calls and use certain E911-capable services.
  4. Your requirements. You must meet the following requirements in order to sign up and use the Service.
    1. Registration requirements. You must be legally capable of entering into a contract. You must agree to the terms of this Agreement. You must register in your own name and provide true, accurate and current registration information that will be required by AOL ES (including all pertinent contact information such as secondary e-mail addresses), and you agree that you will keep this information current. You acknowledge that AOL ES may require you from time-to-time to supplement your registration information (e.g., such as by providing additional contact information) and you agree to provide such additional information when requested by AOL ES. AOL ES may immediately suspend or terminate your Service if your registration information is not accurate or current.
    2. AOL Instant Messenger. You must have a valid Screen Name assigned by AOL, either as a member of the AOL Online Service or as a user of the AIM service that is offered on the Web at www.aim.com. You must have the appropriate versions of the AIM or AOL software that meet the specifications for the Service, which you can review at http://help.aimphoneline.com/free/about-your-service/specs. You acknowledge that your use of your Screen Name remains subject to the terms of the following services: (a) the AOL Terms of Service located at Keyword: TOS, if you are a member of the AOL Online Service; or (b) the AOL Network Registered User Terms of Service, located at http://www.aim.com/aolnetwork/tos.html, if you are an AIM user who is not a member of the AOL Online Service.
    3. Equipment and software. You must provide at your own expense all computing equipment, Internet access, and voice capable headsets that meet the specifications for the Service, which you can review at http://help.aimphoneline.com/free/about-your-service/equipment. You may need to download additional software provided by AOL ES or its designated vendors. From time to time, AOL ES may provide you with software upgrades (collectively "Upgrades") to improve your experience with your Service. Therefore, you agree to install any subsequent Upgrades and you agree to accept any automatic Upgrades that AOL ES may automatically download to your computer.
    4. Access costs. You must provide at your own expense the equipment and Internet connections that you will need to access the Service. If you are accessing the Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Service through wireless Internet services (e.g., WiFi at public locations), you may be subject to fees for wireless data transmission. Check with the carrier of the Internet access service to verify whether such fees or other limitations may apply to you. You are solely responsible for any costs you incur to access the Service through any communications service.
  5. Restrictions on your conduct. You are responsible for all activities under your account, including the use of your account by others. You agree that you will not use the Service in a way that would violate this Agreement or the rights of others, give rise to civil liability, or violate any local, state, national or international laws. You may not resell or transfer the Service to any other person for any purpose. You may use the Service only in connection with your AOL or AIM Screen Name assigned to your FREE AIM Phoneline account.
  6. You may not submit or transmit through the Service any material, or otherwise engage in any conduct, that:
    1. violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
    2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
    3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
    4. impersonates any person, business or entity, including our company and our employees and agents;
    5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
    6. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
    7. violates this Agreement or any guidelines or policies posted on the Service;
    8. violates the terms of service that apply to your Screen Name; or
    9. interferes with the use of the Service by others.
  7. FREE AIM Phone is intended for residential or home office use only; therefore, you may not use the Service in any manner to:
    1. Create a paid-for voice over Internet protocol hosting or termination service;
    2. Use the Service for governmental activities;
    3. Use the Service for auto-dialing, continuous or extensive call forwarding, fax broadcasting or fax blasting;
    4. Transfer or resell the Service to another, including without limitation, charging others to use the Service; or
    5. Make solicitations or conduct surveys, whether for commercial or non-profit purposes.
  8. You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks through hacking, password mining or any other means. AOL ES may take any legal or technical actions to prevent the violation of this provision and to enforce this Agreement.
  9. No spam. You may not use any communication tool on the Service to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about AOL ES users for the purpose of sending, or facilitating the sending of, unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. AOL ES may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. AOL ES may use any technical means to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
  10. Limits on Abuses. AOL ES may terminate or impose restrictions against any FREE AIM Phoneline account that AOL ES deems in its discretion is inconsistent with normal residential or home office usage patterns or is otherwise in violation of this Agreement. Any usage in excess of 3,000 minutes per month may be presumed by AOL ES as being inconsistent with the restrictions outlined in this Agreement.
  11. FREE AIM Phoneline Telephone Number. The FREE AIM Phoneline Telephone Number will work only with an AIM or AOL Screen Name account that is associated with your Service. It is not a toll-free number. The FREE AIM Phoneline Telephone Number shall remain the property of AOL ES. AOL ES gives you a limited license to use the number under the terms of this Agreement. AOL ES may discontinue or change your FREE AIM Phoneline Telephone Number at any time and in its discretion. AOL ES reserves the right to deactivate your FREE AIM Phoneline Telephone Number and reassign your number to another user if your FREE AIM Phoneline account has been inactive (i.e. you have not received an incoming call on your service) for at least thirty (30) days or if your Service is otherwise canceled or terminated. This means you must use your account regularly to keep your registration active. Different terms may apply if you subscribe to a fee-based AOL Talk service for which you are a subscriber in good standing. Your ability to use the FREE AIM Phoneline Telephone Number assigned to you will expire upon cancellation or termination of your Service. You understand and agree that FREE AIM Phoneline is not a standard telephone service and the FREE AIM Phoneline Telephone Number assigned to your account cannot be transferred to (or from) any telecommunications carrier.
  12. Changes to the Service. AOL ES may change or discontinue, temporarily or permanently, functions and features of the Service.
  13. Fees and payment. AOL ES may offer premium services and content through the Service for a fee. Payment and other applicable terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms. From time to time, new taxes or other regulatory fees may be imposed on voice services. We have no control over these charges and cannot predict when they may occur. You understand and agree that we reserve the right to modify the Service and this Agreement to pass through these new taxes or fees to you. If the Service is subject to any new taxes or fees, we will notify you at least thirty (30) days in advance and give you the opportunity to agree to the new terms and pay the fees or to discontinue the Service before the new fees take effect.
  14. License grant. AOL ES or its suppliers may provide you with software and other technology to use with the Service ("Software"). Such Software will be subject to the terms of the license agreement that accompanies the Software or this Agreement. If there is no license agreement presented to you with the Software, then AOL ES and its suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Service. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access the Service only through the software, interfaces and protocols provided or authorized by AOL ES. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Service. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you are reserved by the owner of the rights in the Software.

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

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

    The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.

    AOL ES is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software or Service, although it may do so in its sole discretion.

  15. Cancellation or termination of the Service. Unless you have agreed to a specific term, either you or AOL ES may cancel or terminate your Service at any time. Please go to the Customer Support and Billing Section of the "Help" area of your FREE AIM Phoneline Dashboard for complete instructions on how you can cancel the Service. AOL ES may immediately suspend access or terminate the Service if AOL ES determines in its sole discretion that there has been a violation of this Agreement by you or anyone using your account. Please note that if you have subscriptions with other services affiliated with AOL, such as the AOL Online Service (collectively, the "AOL Affiliated Services"), cancellation of those services will not result in the automatic cancellation of your FREE AIM Phoneline subscription and that your cancellation of FREE AIM Phoneline may not result in the automatic cancellation of your subscriptions with other AOL Affiliated Services. Also, other cancellation terms may apply depending on your plan, especially if your AIM Phoneline service is part of a bundle with other AOL Affiliated Services. Therefore, you must contact AOL ES separately to cancel your FREE AIM Phoneline subscription and you must contact AOL to cancel any AOL Affiliated Services.
  16. Disclaimers. AOL ES does not guarantee that you will always be able to communicate with other FREE AIM Phoneline users or that you can communicate without disruptions or delays. AOL ES has no knowledge or control over the content of any conversations made through the Service. You understand and agree that you may be exposed to content that is offensive, indecent or otherwise objectionable and that you are using the Service at your sole risk. AOL ES will not be liable for any type of communication made through the Service.

    AOL ES PROVIDES THE SERVICE AND SOFTWARE (COLLECTIVELY, THE "AIM PHONELINE SERVICE") "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, AOL ES AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE AIM PHONELINE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AOL ES AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AIM PHONELINE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AIM PHONELINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AIM PHONELINE SERVICE WILL BE CORRECTED. THE SERVICE WILL NOT FUNCTION IN THE EVENT OF A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR THE SUSPENSION, TERMINATION OR DISCONNECTION OF YOUR SERVICE OR INTERNET CONNECTION. AOL ES AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AIM PHONELINE SERVICE, INCLUDING ANY SUPPORT SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AOL ES AND ITS VENDORS MAKE NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA AOL ES' FACILITIES OR THE AIM PHONELINE SERVICE, OR OUTSIDE THE AIM PHONELINE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR VOICE COMMUNICATIONS. YOU AGREE THAT NEITHER AOL ES NOR ITS VENDORS WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND VOICE COMMUNICATIONS.

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

  17. Limitation of liability. AOL ES, ITS PARENT, EMPLOYEES, THIRD PARTY PROVIDERS, VENDORS, LICENSORS AND SUPPLIERS (the "PHONELINE PROVIDERS") SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE AIM PHONELINE SERVICE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AOL ES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. THE PHONELINE PROVIDERS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE AIM PHONELINE SERVICE AT ANY TIME, FOR ANY INTERRUPTION OR DEGRADATION OF THE SERVICE, OR FOR ANY SERVICE OUTAGE OR INABILITY TO MAKE OUTBOUND CALLS, INCLUDING CALLS TO EMERGENCY SERVICES.THE PHONELINE PROVIDERS' LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.

    ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH THE PHONELINE PROVIDERS ARE COLLECTIVELY RESPONSIBLE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PHONELINE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  18. Indemnification. Upon a request by AOL ES, you agree to defend, indemnify and hold harmless AOL ES and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Service. Such indemnification shall include any and all liabilities, claims and expenses (including attorney's fees) resulting from your use or any third party use of the Service relating to the absence, failure or outage of the Service, including the inability to call or access emergency services personnel or to make outbound telephone calls. AOL ES reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AOL ES in asserting any available defenses.
  19. Export Control. You agree that you will not export outside of the United States any equipment or software provided to you as part of the Service.
  20. Electronic notices. You consent to receive electronically from AOL ES any privacy or other notices, agreements, disclosures, reports, documents, communications or other records regarding your Service (collectively, "Notices"). You agree that AOL ES generally can send you electronic Notices to the e-mail address that you provided to AOL ES during registration. The delivery of any Notice from AOL ES is effective when sent by AOL ES, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Service.

    In order to receive Notices electronically from AOL ES, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system, or a Macintosh-based operating system. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this Agreement by going to http://voice.aol.com/aim-phoneline/terms-of-service. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

  21. Privacy.

    In order to facilitate the processing of your order and to provide you the Service, if you currently have an account with the AOL® Online Service or with AOL Instant Messenger service on the Web, you authorize AOL LLC ("AOL") to share with AOL Enhanced Services LLC your AOL® Online Service or AIM account and related information.

    The AOL Network Privacy Policy, as supplemented by the disclosures provided in this Section 18 and in Section 19 below, explains how AOL ES collects, stores and uses information you provide through your registration and use of the Service and the choices you have with that information. By enrolling in, installing, using or paying for the Service, you agree to the terms of the AOL Network Privacy Policy, which you can also review at http://about.aol.com/aolnetwork/aol_pp.

    In addition to the provisions of the AOL Network Privacy Policy, AOL ES places further limits on its use of certain information, which will be referred to as "Service Usage Detail" in this Section 18.

    Service Usage Detail includes information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by FREE AIM Phoneline customers. Service Usage Detail also includes information contained in customer bills pertaining to telephone exchange or toll service. Directory information, such as name, address, and telephone number, is not Service Usage Detail.

    When you subscribe to FREE AIM Phoneline, AOL ES may use Service Usage Detail to inform you about enhancements and features related to the service you already receive. AOL ES may also use Service Usage Detail to market new products to you related to your existing services.

    AOL ES may also make Service Usage Detail available to its agents or partners in those cases where they are selling our products or we are selling products jointly. In those cases, these businesses are expected to use the information only as designated and to take adequate safeguards to maintain the confidentiality of the information.

    AOL ES may also use Service Usage Detail to protect its rights and property or to protect our customers or other carriers from fraud, abuse, or unlawful use of or subscription to our services. AOL ES will notify you and give you the opportunity to opt out before AOL ES elects to use Service Usage Detail in any other manner.

  22. Promotions.

    As a condition for your use of the FREE AIM Phoneline service, you agree to receive promotions and periodic member e-mail messages from AOL ES and its affiliates ("AIM Promotions"). You understand and agree that if you elect at any time to opt-out of receiving AIM Promotions, AOL ES may in its discretion terminate your Service immediately and without notice to you.

  23. General legal terms.

    Changes to this Agreement. AOL ES may change the terms of this Agreement and its price plans at any time. AOL ES will give you notice at least thirty (30) days before any material changes take effect. Your act of using the Service after the changes take effect signifies your acceptance of the new terms. You must cancel the Service if you do not want to agree to the revised terms.

    Entire agreement. This Agreement and any policies posted on the Service Web sites constitute the entire agreement between AOL ES and you regarding the subject matter of this Agreement and supersede all previous written or oral agreements.

    Venue and governing law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE UNDER THE TERMS OF THIS AGREEMENT AND/OR YOUR USE OF FREE AIM PHONELINE RESIDES IN THE COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA, AND YOU FURTHER EXPRESSLY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM OR ACTION. THE FOREGOING PROVISION MAY NOT APPLY TO YOU DEPENDING ON THE LAWS OF YOUR JURISDICTION. No waiver by either party of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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