[Ecommerce] Question on AOL Member agreement on billing and choice of court

[Manon Anne Ress]

Dear Colleagues,
Is AOL's agreement enforceable domestically or internationally?  Are 
French AOL Members bound by the choice of court (Virginia)for example. 
How would that change with the "new" B2B Hague Contract Convention?  If 
AOL were to point to a UK court, would I have to go to a UK court? 
(let's suppose I use my aol account for work when I travel to meetings, 
I would be a "business", right?)
Let me know what you think.
Manon

SNIP Version:

AOL MEMBER AGREEMENT

The America Online Member Agreement is a legal document that details 
your rights and obligations as an AOL member. You cannot become an AOL 
Member until you have accepted the terms of the Member Agreement. The 
Member Agreement provides very important information about your AOL 
membership, so you should take the time to read and understand it.
[SNIP]
2.	CHARGES, BILLING AND THE FREE TRIAL

AOL reserves the right to change our fees or billing methods at any time 
and AOL will provide notice of any such change at least thirty days in 
advance in the same manner described above for changes to the Member 
Agreement. AOL also has the right to collect applicable taxes and impose 
premium surcharges for some areas of the service and these surcharges 
may apply even during your free trial. The answers to many common 
billing questions can be found by going to Keyword: Help, then selecting 
Accounts & Billing, going to Keyword: Billing, or by contacting an AOL 
customer service representative at 1-800-827-6364. If you don't like the 
changes in fees or billing methods, you may cancel your membership at 
any time, but AOL will not refund any remaining portion of the monthly 
fee when you cancel your membership. If you have joined AOL as a trial 
member, you should understand that your free trial time must be used 
within one month of your initial sign-on and to avoid being charged a 
membership fee, you must cancel your account before the end of that 
first month.
[SNIP]

Every time you use AOL, you re-affirm that AOL is authorized to charge 
your credit card or withdraw funds via electronic transfer from your 
checking account, depending on which payment method you have selected. 
You also agree to authorize AOL to charge purchases you make online to 
the credit card you supplied to AOL when you joined or to debit your 
checking account if you selected that option during the registration 
process.
[SNIP]

You should let us know about any billing problems or discrepancies 
within 90 days after they first appear on your account statement. If you 
do not bring them to AOL's attention within 90 days, you agree that you 
waive your right to dispute such problems or discrepancies.
[SNIP]

  The laws of the Commonwealth of Virginia, excluding its 
conflicts-of-law rules, govern this Agreement and your membership. As 
noted above, member conduct may be subject to other local, state, 
national, and international laws. You expressly agree that exclusive 
jurisdiction for any claim or dispute with AOL or relating in any way to 
your membership or your use of AOL resides in the courts of Virginia and 
you further agree and expressly consent to the exercise of personal 
jurisdiction in the courts of Virginia in connection with any such 
dispute including any claim involving AOL or its affiliates, 
subsidiaries, employees, contractors, officers, directors, 
telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and 
not to transfer, by electronic transmission or otherwise, any content or 
software subject to restrictions under such laws to a national 
destination prohibited under such laws, without first obtaining, and 
then complying with, any requisite government authorization.





-- 
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176