MOZILLA SUPPORT FORUM AND LIVE CHAT TERMS OF SERVICE

October 2007

The following Mozilla Support Site Terms of Service Agreement (“Agreement”) is a legal agreement between you, whether personally or on behalf of an entity, (“you”) and Mozilla Corporation (“Mozilla”) regarding your access to Mozilla’s Support website (http://support.mozilla.com) (“Website”). Before you can use the Website you must read and accept all of the terms and conditions in, and linked to, this Agreement. When you click on the “I AGREE” button or access or use any part of the Website, you agree that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not understand, or do not agree to be bound or to abide by this Agreements, please do not access the Website.

Mozilla reserves the right to change this Agreement at any time by posting a new Terms of Service on the Website. Your continued use of the Website after the effective date of such changes constitutes your acceptance of and agreement to such changes.

1. General

To become a registered user (“User”) of the Website please visit and register with Mozilla at (https://support.mozilla.com/users/register).

• Support Forum – any User may ask and/or answer question(s) regarding the use of Mozilla® Firefox® web browser (“Firefox”).
• Live Chat – any User may ask question(s) regarding the use of Firefox. Questions will be answered by selected members of the Mozilla worldwide community.

Mozilla may in its sole discretion change, modify, suspend, make improvements to, or discontinue any aspect of the Website temporarily or permanently, at any time and without notice to you. Under no circumstance will Mozilla be liable for any such change, modification, suspension, improvement or discontinuance.

2. User Registration

By registering to become a User, you represent and warrant that the information you provide to Mozilla during the registration process is accurate, and that you will promptly notify Mozilla if any of that information changes. Mozilla may use the information that you provide during the registration process, in particular your email address to communicate with you about the Website. Other than the information requested during your registration, Mozilla will never ask you for any personally-identifying information. If anyone asks you for such information, do not give it to them especially if they claim to be from Mozilla.

3. Personal Information on a Public Forum

When you contribute to a public area such as an open forum on the internet, the information that you submit will be made available to the general public. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, telephone number, or other information that would enable other users or anyone reading this Website to locate you.

4. User Representations and Warranties.

You are entirely responsible for the content of anything you post on the Website (collectively, “Post”). When you make a Post, you thereby represent and warrant that:(a) the distribution, transmission, public display and performance, accessing, downloading and copying of your Post does not and will not infringe the copyright, trademark or trade secret rights of any third party; (b) you have fully complied with any third-party licenses relating to your Post, and have done all things necessary to successfully pass through to users any required terms; (c) your Post does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content; (d) your Post is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party; (e) your Post does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others; (f) your Post does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Mozilla’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party; (g) your Post does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose; and (h) your Post does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

Mozilla has the right (though not the obligation) to, in Mozilla’s sole discretion delete any Posts that, in Mozilla’s reasonable opinion, violate any Mozilla policy, are in any way harmful or objectionable, or are excessive in size.

5. Prohibited Activities.

You may not access or use the Website for any other purpose other than that for which Mozilla makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Posts, as determined by Mozilla in Mozilla’s sole discretion. Website.

6. Intellectual Property Rights.

The content on the Website, except for all Posts, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Mozilla, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners other than expressly permitted by Mozilla in accordance with its Trademark and logo policies located at: http://www.mozilla.org/foundation/trademarks/. Mozilla reserves all rights not expressly granted in and to the Website and the Marks.

Although Mozilla does not claim ownership of the content that its users post, by Posting, you automatically grant, and you represent and warrant that you have the right to grant to Mozilla and the users of the Website the right to use the content of your Post under the Creative Commons Attribution Share Alike License (http://creativecommons.org/licenses/b.../3.0/).

7. Mozilla’s Right to Manage the Website and Terminate Users.

7.1 Mozilla Website Management.

Mozilla reserves the right but does not have the obligation to: (a) monitor the Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Mozilla's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in Mozilla’s sole discretion and without limitation, delete any User’s Post or any portion thereof that may violate this Agreement or any Mozilla policy; (d) in Mozilla’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Mozilla’s systems; (e) terminate repeat infringers’ use of the Website; and (f) to otherwise manage the Website in a manner designed to protect the rights and property of Mozilla and others and to facilitate the proper functioning of the Website.

7.2 Mozilla’s Right to Terminate Users.

Without limiting any other provision of this Agreement, Mozilla reserves the right to, in Mozilla’s sole discretion and without notice or liability deny access to and use of the website to any person, for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.

8. Term.

This Agreement shall remain in full force and effect while you use the Website. If your account remains inactive for several months, Mozilla may delete your content stored on our servers. Mozilla may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

9. Copyright Policy.

Mozilla may, in its sole discretion, terminate the access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Mozilla Digital Millennium Copyright Act (“DMCA”) Notice (http://www.mozilla.com/en-US/about/legal.html).

10. Third Party Websites.

Mozilla has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Mozilla does not have any control over those non-Mozilla websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mozilla website or webpage, Mozilla does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Mozilla disclaims any responsibility for any harm resulting from your use of non-Mozilla websites and webpages.

11. Disclaimers and Limitation of Liability.

Please note that we’re not yelling at you in this section. Our lawyers have advised us that we need to make sure this information is conspicuous so you’ll read it.

LIMITATION OF WARRANTIES OF MOZILLA.

EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM MOZILLA'S WEBSITES IS PROVIDED "AS IS," AND MOZILLA, ITS PARENT, DIRECTORS, EMPLOYEES, CONTRIBUTORS, CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MOZILLA, ITS PARENT, CONTRIBUTORS, DIRECTORS, EMPLOYEES, CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT MOZILLA'S WEBSITES IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH MOZILLA'S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT MOZILLA, ITS PARENT, DIRECTORS, EMPLOYEES, CONTRIBUTORS, CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY OF MOZILLA.

EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL MOZILLA, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF MOZILLA'S WEBSITES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF MOZILLA, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnity.

You agree to indemnify and hold Mozilla, its parent, subsidiaries, directors, employees, contractors, licensors, contributors, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Posts and use of the Website, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Post stored on Mozilla’s servers causes Mozilla to be liable to another.

13. Disputes with Mozilla.

All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged breach) or your access to or use of the Website will be exclusively resolved under confidential binding arbitration held in Santa Clara County, California before and in accordance with the rules of JAMS. Notwithstanding the foregoing, Mozilla will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights. In the event of litigation or to compel arbitration or to enforce an arbitration award under this section, or to obtain an injunction under this section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California. This Agreement will be interpreted exclusively by California law.

14. Other.

This Agreement constitutes the entire agreement between you and Mozilla regarding the use of the Website. The failure of Mozilla to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

15. Violations of Terms and Liquidated Damages.

Please report any violations of the Terms of Service by flagging the posting(s) for review, or by sending an email to abuse@support.mozilla.com.