All defined terms are referenced at the end of this document.

1. Terms of Service Agreement

1. TCO Online ("TCO") provides Internet service ("TCO") to you as a registered subscriber or authorized user ("Subscriber" or "you"), subject to the terms of this agreement. This document is a binding agreement and we shall refer to it as "TOS". The TOS comprises the entire agreement between TCO and you, superseding any prior agreements between you and TCO with respect to its subject matter. Additionally, you may be subject to additional terms and conditions that may apply when you use affiliate services.
2. TCO may change the TOS at any time, and such change shall take effect thirty (30) days after the date of the last TOS change as posted on the TCO Web site ("Effective Date"). You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your Subscribership as provided in Section 9 below. Your continued use of TCO following the Effective Date of any such change to the TOS constitutes acceptance of all such changes.

2. Your Account Information

1. You certify that you are at least eighteen (18) years old, or have permisson of a parent or guardian. You agree to provide TCO with accurate, complete, and updated registration information, including any permission necessary. Failure to do this shall constitute a breach of this agreement and unauthorized access to TCO. Unauthorized access to TCO could result in immediate termination of your account and subject you to civil and criminal liability. If your account is terminated, unless you have prior written authorization from TCO, you may not register for additional accounts.
2. By registering as a TCO user, you will receive an "account", which is also your main email address, and up to four other email addresses ("sub-accounts"); however, you may not select or use a name in violation of a third partys property rights, or a name that TCO deems offensive or otherwise inappropriate. TCO owns all names and licenses them to you. Additionally, you may not use your name in violation of the TOS or in ways TCO deems inappropriate (e.g., sending or causing to be sent mass e-mail solicitations). TCO reserves the right to delete any such name or to request deletion.
3. You are entirely liable for all activities conducted through your account and any sub-accounts. A Subscriber may permit another individual, including a minor, to use the Subscribers account subject to Subscriber supervision and with Subscribers assumption of all resulting liabilities. Because TCO sends important notices about your Subscribership to your email address, you agree to check your email account regularly and bear the risk of failing to do so.
4. Subscribers who have had their TCO Subscribership terminated may not access TCO without TCOs prior express written (including e-mail) permission. Subscribers may not allow a former Subscriber or other agent whose Subscribership has been terminated to use their account. For additional information on re-registration and multiple accounts, see Section 9 below.

3. Charges and Billing Practices

1. You may obtain current rates and surcharges for using TCO by calling TCOs Customer Service at 845-627-3800. Such rates do not include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to Subscribers account. You are responsible for any such taxes.
2. If you have elected to pay for TCO by credit card and TCO does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by TCO. Each time you use TCO you agree and reaffirm that TCO is authorized to charge your designated card or to bill you, in advance, whichever situation applies. Your card issuer agreement governs your use of your designated card in connection with TCO, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a card holder. You agree that TCO may, at its option, accumulate charges incurred during the billing cycle and submit them as one or more aggregate charges at any time to your credit card or to send you an invoice, as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that TCO may delay obtaining authorization from your card issuer until submission of the accumulated charges.
3. If TCO does not receive the full amount of your TCO account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable. Subscriber also shall be liable for all attorney and collection fees arising from TCOs efforts to collect any unpaid balance of your account(s). You agree to be billed for and agree to pay any outstanding balance in the event of cancellation or termination of your TCO account. Unless you notify TCO of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release TCO from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to TCO within ninety (90) days of its publication.
4. TCO reserves the right, at any time, to change its fees and billing methods, including additional or supplemental fees for online areas, content or services provided by TCO, its affiliates, or ICPs, effective thirty (30) days after an online posting in the billing area of TCO . TCO may also elect, at its discretion, to supplement such notice of billing charges through e-mail to your account or through the U.S. Mail. If any such change is unacceptable to you, you may terminate your Subscribership as provided in Section 9 below. Your continued use of TCO following the effective date shall constitute your acceptance of such change. Your Subscribership fees are payable in advance and are not refundable in whole or part.
5. You are responsible for all charges associated with connecting to TCO. You agree that any telephone charges incurred are your responsibility. You are responsible for all activities and charges under your account, including any unauthorized charges to your account.

4. Rights and Responsibilities

1. Content
   You acknowledge that:
   1. TCO contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content");
   2. Such Content is provided under license by Independent Content Providers ("ICPs"), other Subscribers, and TCO and its affiliates; and
   3. At minimum, TCO owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
   Each Subscriber and any user of Subscribers account must evaluate, and bear the risk associated with any reliance on, the accuracy, completeness or usefulness of any Content. TCO does not pre-screen Content as a matter of policy, but TCO, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem, in their discretion, harmful, offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that neither TCO, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by TCO or its affiliates, or any ICP with respect to Content on TCO.
2. Proprietary Rights
   You acknowledge the following:
   1. TCO permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights");
   2. These Rights are valid and protected in all media and technologies existing now or later developed; and
   3. Except as explicitly provided otherwise, the TOS and applicable copyright and other laws govern your use of Content (see the Rules, Section D, for details).
   You agree that you may upload to any applicable TCO equipment, or otherwise transmit on or through TCO, only Content that (1) is not subject to any Rights, or (2) any holder of Rights has given express authorization for distribution on or through TCO. You represent that if you upload any files, you have the legal authorization to do so. By submitting Content to any "public area" of TCO (e.g., ftp or web sites), you permit any Subscriber and authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on TCO retains any and all Rights that may exist in such Content.
3. Conduct and Communication
   You acknowledge that TCO may contain material that may be inappropriate for minors. You also recognize that communication over TCO often occurs in real time. You acknowledge that TCO cannot, and does not intend to, screen communication in advance for accuracy or conformance to the TOS or any laws. However, TCO may elect, at its sole discretion, to monitor some, all, or none of TCOs public areas for adherence to the TOS. Accordingly, you acknowledge that neither TCO, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by TCO, its affiliates, or any ICP with respect to Content on TCO. Any conduct by a Subscriber that in TCOs sole discretion restricts or inhibits any other Subscriber, person or entity from using or enjoying TCO or another service shall entitle TCO to immediately terminate Subscribership without notice. You agree to use TCO only for lawful purposes. You may not use, or allow others to use, your TCO account, either directly or indirectly, to:
   1. transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content;
   2. harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Subscriber or user of TCO or other person or entity;
   3. post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by TCO to be offensive;
   4. impersonate any person or entity, including, but not limited to, a TCO official or an ICP, or communicate under a false name or a name that you are not entitled or authorized to use;
   5. post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes;
   6. post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest names of other Subscribers, without permission;
   7. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any Subscriber;
   8. violate any operating rule, policy or guideline of any other interactive service; or
   9. intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law.
   Please see the Rules for additional examples of prohibited conduct. TCO reserves the right to protect its Subscribers and TCO from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail."
   In addition to Content and services provided by ICPs, TCO, and its affiliates, others may offer Content, software or other services to Subscribers with their own terms and conditions relating to your use. Failure to abide by these terms and conditions may result in termination of Subscribership. Furthermore, other such networks may subject Subscribers to their own usage policies.

5. Privacy Policy

1. Introduction
   
   1. General.
      Because protecting your privacy is very important to TCO, we have established a privacy policy that safeguards your personal information and are committed to protecting its confidentiality. We will limit the collection and use of personal information, or Individual Information (as defined below), to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will not disclose any Individual Information except in limited circumstances as specifically provided below.
   2. Types of Individual Information.
      Individual Information is any information, data or records that relate to your TCO Subscribership or use of TCO and identifies you or your individual Subscriber account. The three types of Individual Information are: (1) "identity and billing information," such as your name, street address, telephone number and billing information, and any email addresses associated with your account; (2) "navigational information," such as information about where you go on or through TCO; and (3) "private communications," such as the contents of e-mail.
   3. The Internet.
      Please be aware that TCO is a private service that allows access to the Internet, but is not the Internet. TCO does not control the content, services, or areas available through the Internet (with minor exceptions, such as the TCO Online Home page), and providers of Internet sites or services have separate data and privacy practices independent of TCO.
   4. Independent Content and Service Providers.
      Companies that are independent from TCO operate many of the areas that you visit, and TCO can not bear responsibility for their policies or actions concerning your privacy.
2. Subscriber Identity and Billing Information
   1. Collection and Storage.
      We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of Subscribership, and payment information. We may also keep information on your communications with us, and general account history, such as usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Subscribers Individual Information. Employees who violate TCOs privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on TCOs behalf.
   2. Use.
      We use identity and billing information to administer our business, ensure that you are properly billed.
   3. Disclosure.
      TCO does not make it's subscriber list available to anyone for any reason, other than that which is required to by law or legal process. TCO, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis.
   TCO intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Subscriber(s) in advance of releasing it in order to provide the Subscriber(s) an opportunity to pursue any available legal protection
3. Navigational Information
   1. Collection.
      We may collect and store certain navigational information, such as data on the choices you make from the range of available services, and the times and ways you use TCO and the Internet.
   2. Use.
      TCO may use navigational information to personalize TCO and for programming and editorial research. For example, we use this information to understand our Subscribers reactions to Content and services offered through TCO and to customize TCO based on our Subscribers interests.
   3. Disclosure.
      TCO will not disclose to third parties navigational information (e.g., where you go on or through TCO), except to comply with applicable law or valid legal process (e.g., search warrant or court order).
4. Private Communications
   1. Collection and Storage.
      The TCO computer system does not record or retain any chat room communications, or records of with whom you communicate in chat rooms. In general, the TCO e-mail system retains the contents of private e-mail communications only until it is read. (Consequently, to keep copies of any communications, you should store them on your personal computer hard drive or in print form.) In addition, TCO reserves the right to delete email that has been on the server for more than 60 days, whether it has been read or not.
   2. Use.
      TCO treats private communications on or through TCO as strictly confidential. TCO does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that private communications directed at a person or entity, including TCO, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.
   3. Disclosure.
      TCO does not access or disclose the contents of private communications (e.g., e-mail), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g., search warrant or court order); (2) to protect the rights or property of TCO; or (3) in emergencies when TCO believes that physical safety is at risk. TCO reserves the right to treat as public any private chat area whose directory or name is published or becomes generally known or available.

6. Internet

7. Warranty

8. Indemnification

9. Termination

1. Either you or TCO may terminate your Subscribership at any time. This is your sole right and remedy with respect to any dissatisfaction with TCO, including, but not limited to:
   1. any TOS term, or policy or practice of TCO in operating TCO
   2. Content available through TCO or change therein
   3. any amount or type of fees, surcharges, or billing methods, or change therein.
   You can terminate your Subscribership by delivering notice to TCOs Customer Service Department by fax at 845-627-3811, by email originating from your TCO account or by sending your cancellation request via US Mail to: TCO Online, 167 Route 304, Bardonia, NY 10954. Your termination will take effect within a reasonable time after TCOs receipt of your notice as described above.
2. In the event that your account is terminated or canceled, no refund, including any Subscribership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Subscribers whose accounts TCO has terminated may not access TCO without TCOs prior express written permission. Active TCO Subscribers may not allow former Subscribers or other agents whose Subscriberships have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with TCO, must be concluded before you may re-register with TCO. Subscribers using multiple accounts without prior express written permission from TCO shall have their Subscribership terminated.

10. Law

1. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of New York govern the TOS and your Subscribership. As noted above, Subscriber conduct may be subject to other local, state, and national laws. Subscriber expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of New York. Subscriber further agrees and expressly consents to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving TCO
2. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to TCO 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. Control laws currently prohibit the export of the 128-bit version of any browser. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain Content on TCO.

Definitions and references

TOS

The Terms of Service

TCO Online, TCO or we

The TCO Online service

Subscriber or you

A registered subscriber or authorized user of TCO

Effective Date

Thirty (30) days after the date of the last TOS change as posted in the Terms of Service area

Content

Information, communications, software, photos, video, graphics, music, sounds and other material and services, collectively

ICPs

Independent Content Providers

Rights

Copyrights, trademarks, and other intellectual and proprietary rights

Public Areas

Areas on TCO that are freely open to all Subscribers, including, but not limited to, public chat rooms, online forums, message boards, and software libraries.

International Content

Content originating from TCO Inc. and its affiliates, other Subscribers and users of TCO, ICPs, as well as other third parties which may originate from countries other than the United States

ndividual Information

Any information, data or records that relate to your TCO Subscribership or use of TCO and identifies you or your individual Subscriber account