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Home » Terms of Use

Windows Experts Community

Microsoft Service Agreement


Effective March 2011

Thank you for choosing Microsoft!

Please read this agreement carefully. It's a contract that governs your use of the Windows Experts Community services, or other Microsoft services that directly display or link to this agreement (the "service"). By using or accessing the service, you confirm that you agree to these terms. If you don't agree, don't use the service. Thanks.

1. What the contract covers

This is a contract between you and Microsoft ("Microsoft," "we," "us," or "our") for use of the Windows Experts Community service that Microsoft supplies. Some of these services may not be fully available in your country or region.

Please note that we don't provide additional warranties for the service. This contract also limits our liability to you. See Sections 9 and 10 for details.

2. Using the service

When using the service, you must comply with this contract, all applicable laws and the Microsoft Anti-Spam Policy. As applicable, you must also obey the code of conduct.

You may only use the service for your personal non-commercial use. You must not use the service to harm others or the service. For example, you must not use the service to harm, threaten, or harass another person, organization, or Microsoft. You must not: damage, disable, overburden, or impair the service (or any network connected to the service); resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or metasearching) to access or use the service. You may be able to access third-party websites or services via the service; you acknowledge that we are not responsible for such websites or services or content that may be available there.

3. Windows Live ID

We may provide you with credentials on our Windows Live ID authentication network to use with the service. You're solely responsible for your dealings with third parties (including advertisers) who use the network, including as to the delivery of and payment for goods. This contract applies whenever you use Windows Live ID. When you use Windows Live ID to gain access to any website, the terms and conditions for that website, if different from this contract, may also apply to your use of that website.

4. Your service account, associated accounts, and accounts from third parties

Only you may use your service account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. For some parts of the service, you may be able to set up additional accounts that are dependent on your account ("associated accounts"). You're responsible for all activity that takes place with your service account and any associated accounts.

If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account. If a third party such as an Internet service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.

5. Your content

Except for material that we license to you, we don't claim ownership of the content you provide on the service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.

You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by Microsoft. If you don't want others to have those rights, don't use the service to share your content.

You understand that Microsoft may need, and you hereby grant Microsoft the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.

Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.

You're responsible for backing up the data that you store on the service. If your service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.

6. Privacy

In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your computer, your use of the service, and service performance. We use and protect that information as described in the Microsoft Online Privacy Statement.

In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public.

The service is a private computer network that Microsoft operates for the benefit of itself and its customers. Microsoft retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.

7. Use of Communication Services

The service may contain various communication services, including without limitation bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities, which are designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, link to, or otherwise make available files that contain images, photos, software or other material protected by intellectual property such as copyrights and trademarks (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Use any material or information, including images or photographs, which is made available through the service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Microsoft does not control or endorse the content, messages or information found in any Communication Service and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

8. How we may change the contract

If we amend this contract, then we'll notify you before the change takes effect. We may give this notice by posting it on the service or by any other reasonable means. If you don't agree to the change, we're not obligated to keep providing the service, and you must cancel and stop using the service before the change becomes effective. Otherwise, the new terms will apply to you.

9. NO WARRANTY

We provide the service "as is," "with all faults," and "as available." We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

10. LIABILITY LIMITATION

You can recover from Microsoft and our affiliates, resellers, distributors, and vendors only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.

The limitations and exclusions apply to anything related to this contract, for example:

  • The service.
  • Loss of data.
  • Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service.
  • Viruses or other disabling features that affect your access to or use of the service.
  • Incompatibility between the service and other services, software, and hardware.
  • Delays or failures you may have in starting or completing transmissions or transactions in connection with the service in an accurate or timely manner.
  • Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

11. Changes to the service and cancellation

We may change the service or delete features at any time for any reason. A particular service may be a prerelease version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.

We may cancel or suspend your service and your access to the Windows Experts Community service at any time without notice and for any reason. Our reasons for cancellation may include that we stop providing the service in your region or that you breach this contract, fail to sign in to the Windows Live ID network during a 90-day period, or don't pay fees that you owe to us or to our agents. If your service is canceled, your right to use the service stops immediately. If we cancel your credentials, your right to use Windows Live ID stops immediately. Cancellation of the service or credentials won't alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, we'll refund to you on a pro-rata basis any payments that you have made based on the portion of your service that would otherwise remain.

You may cancel the service at any time and for any reason. Sections 6, 8–12, and those that by their terms apply after termination of this contract will survive any termination of this contract.

12. General legal terms

12.1. Interpreting the contract

All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service—for example, you may have been a beta tester—those obligations remain. Other terms may apply when you use or pay for other Microsoft services. The contract's section titles don't limit its terms. If you are accessing the service within Germany, the agreement located at http://g.msn.de/0TO_/dede applies.

12.2. Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

12.3. No third-party beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

12.4. Claims

Claims must be filed within one year. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

12.5. Notices

You may notify us as stated in customer support for the service. We don't accept email notices. This contract is in electronic form. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the service or by access to a Microsoft website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.

13. Contracting party, choice of law and location for resolving disputes

  • If you live in or your business is headquartered in North or South America, you're contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract.
  • If you live in or your business is headquartered in Europe, you're contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract.
  • If you live in or your business is headquartered in the Middle East or Africa, you're contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this contract.
  • If you live in or your business is headquartered in Japan, you're contracting with Microsoft Co. Ltd (MSKK), Odakyu Southern Tower, 2-2-1 Yoyogi, Shibuya-ku, Tokyo 151-8583. The laws of Japan govern this contract and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this contract.
  • If you live in or your business is headquartered in Australia, Hong Kong, Indonesia, Malaysia, New Zealand, Philippines, Singapore, Thailand, or Vietnam, you're contracting with Microsoft Operations, Pte Ltd, 1 Marina Boulevard, #22-01, Singapore 01898, and the laws of Singapore govern this contract. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.
  • If you live in or your business is headquartered in India, you're contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington State law governs this contract, regardless of conflict of laws principles. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in India or elsewhere.
  • If you live in or your business is headquartered in China, you're contracting with Shanghai MSN Network Communications Technology Company Limited, Suite B, 8th Floor, Building Ding, No. 555, Dongchuan Road, Minhang District, Shanghai, PRC, for your use of MSN, Bing, or Windows Live Messenger; PRC law governs this contract as it relates to your use of the services under this contract operated by Shanghai MSN Network Communications Technology Company Limited. For your use of MSN, Bing, or Windows Live Messenger under this contract, any dispute arising out of or in connection with this contract, including any question regarding the existence, validity, or termination of this contract, will be referred to and finally resolved by arbitration in Hong Kong under the auspices of the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the UNCITRAL Arbitration Rules, which are deemed to be incorporated by reference into this clause. For such arbitration, there will be one arbitrator, who will be appointed by HKIAC in accordance with the UNCITRAL Arbitration Rules. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable and may be used as a basis for judgment in China or elsewhere. For your use of all other services under this contract, you're contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those services, Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.
  • If you live in or your business is headquartered in Korea, you're contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this contract. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this contract.
  • If you live in or your business is headquartered in Taiwan, you're contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this contract. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this contract.

NOTICES

Notices and procedure for making claims of copyright infringement

Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement.

Copyright and trademark notices

All contents of the service are Copyright © 2010 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the service and content. Microsoft, Windows, Windows Media Center, Windows logo, Windows Media Center logo, and other Microsoft products and services may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this contract are reserved.

Support

Customer support isn't offered for the service, unless the materials we publish in connection with a particular service specify that it is.