Software License Agreement

MSN Member Agreement 4 as of 06/13/00
3.4 All periodic charges (that is, monthly, quarterly, annually, and so forth) or charges for prepaid plans are to be
paid in advance, or at the time billed by MSN, as specified for the MSN plan you elect and are non-refundable. You agree to
pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan
charges. You agree to pay all amounts due upon demand by Microsoft. Each time you use MSN, you agree and reaffirm that
Microsoft is authorized to charge your account as specified by you (your “Designated Account”). You agree that Microsoft
may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that Microsoft may
delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge(s). This
means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that
if you want to see the components of accumulated charges, you will review your online statement. You agree to pay all costs
incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including
attorney fees.
3.5You agree that Microsoft may submit charges for your use of connect time in excess of that provided as part of the MSN
membership plan you select without further authorization from you until you provide prior notice that you are terminating this
authorization or wish to change your MSN membership plan. Such notice will not affect charges submitted before Microsoft
reasonably could act on your notice.
3.6 You must promptly notify Microsoft of changes to: (a) the account number, status, or expiration date of your
Designated Account; and (b) your billing address.
3.7 YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USAGE OF MSN EXCEEDS THE NUMBER
OF HOURS COVERED BY YOUR APPLICABLE MEMBERSHIP. YOU MAY ALSO INCUR CHARGES LEVIED BY
YOUR LOCAL OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS MSN. MICROSOFT MAY CAUSE
UPGRADED SOFTWARE TO BE DOWNLOADED AUTOMATICALLY TO YOUR COMPUTER, IN WHICH EVENT
YOU WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES INCLUDING, WITHOUT LIMITATION, CONNECT
TIME CHARGES AND LOCAL OR LONG DISTANCE TELEPHONE CHARGES.
3.8 Microsoft will use reasonable commercial efforts to provide you with an online statement of charges; how-
ever, any failure of Microsoft to provide you with an online statement does not affect your responsibility to pay any incurred
charges. Unless you notify Microsoft of any discrepancies or irregularities in any billing within one hundred and twenty (120)
days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes,
including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE
IN THIS AGREEMENT, YOU RELEASE MICROSOFT FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS
RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO MICROSOFT WITHIN ONE
HUNDRED AND TWENTY (120) DAYS OF ITS PUBLICATION DATE.
3.9 Without limiting anything else in this Agreement, Microsoft reserves the right to suspend or terminate your
MSN membership without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return
of payments previously made to Microsoft when Microsoft in good faith believes you are liable for the charge. Such rights are