- Thread starter
- #41
P
PA Bear [MS MVP]
thanatoid wrote:
<snip>
> ...However I
> believe that the user agreement clearly states (as they ALL do)
> that the service is provided with no guarantees of /any/ kind.
<QP>
21. LIABILITY LIMITATION.
You can recover from the Microsoft parties only direct damages up to an
amount *equal to your service fee* [emphasis added] for one month. You
cannot recover any other damages, including consequential, lost profits,
special, indirect, incidental or punitive damages.
<snip>
[This limitation] also applies even if:
• this remedy does not fully compensate you for any losses, or fails of its
essential purpose or
• Microsoft knew or should have known about the possibility of the damages.
<snip>
22. Changes to the Service If We Cancel the Service.
We may change the service or delete features at any time and for any reason.
We may cancel or suspend your service at any time. Our cancellation or
suspension may be without cause and/or without notice. Upon service
cancellation, your right to use the service stops right away. Once the
service is cancelled or suspended, any data you have stored on the service
may not be retrieved later.
<snip>
29. Contracting Party, Choice of Law and Location for Resolving Disputes.
....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.
<snip>
Support
Customer support is not offered for the service, unless provided otherwise
in this contract or the materials we publish in connection with a particular
service specify that it includes customer support.
</QP>
Source: http://help.live.com/help.aspx?project=tou&mkt=en-us
Translation: If it's a free Hotmail account, you're SOL.
--
~PA Bear
<snip>
> ...However I
> believe that the user agreement clearly states (as they ALL do)
> that the service is provided with no guarantees of /any/ kind.
<QP>
21. LIABILITY LIMITATION.
You can recover from the Microsoft parties only direct damages up to an
amount *equal to your service fee* [emphasis added] for one month. You
cannot recover any other damages, including consequential, lost profits,
special, indirect, incidental or punitive damages.
<snip>
[This limitation] also applies even if:
• this remedy does not fully compensate you for any losses, or fails of its
essential purpose or
• Microsoft knew or should have known about the possibility of the damages.
<snip>
22. Changes to the Service If We Cancel the Service.
We may change the service or delete features at any time and for any reason.
We may cancel or suspend your service at any time. Our cancellation or
suspension may be without cause and/or without notice. Upon service
cancellation, your right to use the service stops right away. Once the
service is cancelled or suspended, any data you have stored on the service
may not be retrieved later.
<snip>
29. Contracting Party, Choice of Law and Location for Resolving Disputes.
....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.
<snip>
Support
Customer support is not offered for the service, unless provided otherwise
in this contract or the materials we publish in connection with a particular
service specify that it includes customer support.
</QP>
Source: http://help.live.com/help.aspx?project=tou&mkt=en-us
Translation: If it's a free Hotmail account, you're SOL.
--
~PA Bear