Interactive IM agrees to provide you ("User") with services ("Service") set forth on your Signup subject to User's compliance with the Service Agreement below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

Interactive IM exercises no control whatsoever over the content of the information passing through Interactive IM’s system. Use of any information obtained via Interactive IM is at User's risk. Neither Interactive IM nor any of its affiliates, its licensers, its contractors or their respective employees warrants that the Service will be uninterrupted or error free; nor does Interactive IM make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY INTERACTIVE IM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER INTERACTIVE IM NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL INTERACTIVE IM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT INTERACTIVE IM IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, INTERACTIVE IM LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Interactive IM in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Interactive IM, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Interactive IM, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Interactive IM in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Interactive IM shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

User represents to Interactive IM that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Interactive IM has no control over and accepts no responsibility whatsoever for such materials.

User’s right to use the Service is personal to the user. Users shall not authorize others to use the Service. Subject to the terms and conditions set forth in this Agreement, user are granted a limited, non-exclusive, personal and non-transferable license to use the Service and receive the Interactive IM for your own personal and non-commercial use. Except for the licenses granted herein, user have no right, title or interest in or to the Service and Interactive IM retains all rights not expressly granted herein.

The Interactive IM and its Services are for the individual and personal use only of the user. User shall not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution (whether through an instant messaging service or otherwise), performance, copying, caching or otherwise, of Interactive IM, except as permitted by the Copyright Act or other applicable law. In addition, you shall not create an Internet link to or frame of the Service or a mirror of any Interactive IM contained thereon, or accessible from or through, the Service on any other server- or Internet- or WAP/wireless-based device.

Other than connecting to Interactive IM's servers using instant messaging technology, user shall not attempt to gain access to Interactive IM's servers by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

User agrees not to use the Service to:

Interactive IM has no obligation to monitor the Service. However, User agrees that Interactive IM has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Interactive IM will not intentionally monitor or disclose any private E-mail message unless required by law. Interactive IM reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Interactive IM reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Interactive IM following payment of a reconnection charge, to be determined by Interactive IM in its sole and absolute discretion.

The Service may contain or provide links to sites on the Internet that are owned and operated by third parties (each an "External Site") and are accessible through the Service. User acknowledges and agrees that Interactive IM does not endorse and is not responsible for the availability of, or the content located on or through, any External Site, including, without limitation, any link contained in an External Site or any changes to an External Site. User should contact the webmaster for any such External Site if you have any questions or concerns regarding such links or the content located on such External Site.

You acknowledge that the Service may contain links to sites on the Internet or allow access to services which are owned, operated and provided by third party merchant partners of Interactive IM ("Merchant Partners"). User agrees that:

User correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service (each a "Third Party Advertiser"), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser. User agree that Interactive IM does not endorse any Third Party Advertiser, its services or goods, and Interactive IM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Interactive IM may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Interactive IM in its sole discretion believes violates any of the terms and conditions in this Agreement. If Interactive IM denies User access to the Service because of such a violation, User shall have not right to: