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TERMS.TXT
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1994-07-14
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8KB
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140 lines
**Current as of July 1994**
COMPUSERVE ONLINE INFORMATION SERVICE AGREEMENT TERMS
1. The CompuServe Information Service (the "Service") consists
of computing and information services and software,
information and other content provided by CompuServe
Incorporated ("CompuServe"). In addition, third parties
provide information, software, and other content
(collectively, "Third Party Content") which may be accessed
over the Service. These terms and any Operating Rules
published over the Service constitute the entire and only
agreement (collectively, the "Agreement") between CompuServe
and member (including its designated users') with respect to
the Service and supersede all other communications and
agreements with regard to the subject matter hereof.
2. Upon notice published over the Service, CompuServe may modify
this agreement, the Operating Rules or prices, and may
discontinue or revise any or all other aspects of the Service
at its sole discretion and without prior notice.
3. Unless otherwise agreed, member's right to use the Service or
to designate users is not transferable and is subject to any
limits established by CompuServe, or by member's credit card
company if billing is through a credit card.
4. Member agrees to indemnify CompuServe against liability for
any and all use of member's account.
5. Member is responsible for and must provide all telephone and
other equipment and services necessary to access the Service.
6. Member shall pay, in accordance with the provisions of the
Billing Option selected by member, any registration or
monthly fees, connect time charges, minimum charges and
other charges incurred by member or its designated users at
the rates in effect for the billing period in which those
charges are incurred, including but not limited to charges
for any purchases made through the Service and any
surcharges incurred while using any supplemental networks or
services other than the Service. Member shall pay all
applicable taxes related to use of the Service by member or
its designated users. Member shall be responsible for all
use of the Service accessed through member's or its
designated users' password(s). Billing detail is available
for premium surcharged services. All other extended services
are accumulated and billed in total on a per session basis.
7. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK. NEITHER COMPUSERVE NOR ANY OF ITS
INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES COMPUSERVE OR ANY OF ITS INFORMATION
PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER COMPUSERVE
NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. MEMBER
EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH
SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.
8. Except as expressly permitted in the Operating Rules, neither
member nor its designated users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially
exploit, any information, software or other content which
they receive through the Service.
9. The provisions of paragraphs 7 and 8 are for the benefit of
CompuServe and its respective Information Providers,
Licensors, Employees, and Agents; and each shall have the
right to assert and enforce such provisions directly on its
own behalf.
10. Subject to the terms of this Agreement, CompuServe grants to
member a personal, non-exclusive, nonassignable and
nontransferable license to use and display the CompuServe
Information Manager software ("Software") on any machine(s)
of which member is the primary user. Unauthorized copying of
the Software, including software that has been modified,
merged or included with the Software, or the written
materials associated therewith is expressly forbidden.
Member may not sublicense, assign or transfer this license
or the Software. Any attempt to sublicense, assign or
transfer any of the rights, duties or obligations under this
license is void.
11. This agreement is, and shall be governed by and construed in
accordance with the law of the State of Ohio applicable to
agreements, made and performed in Ohio. Any cause of action
of member or its designated users with respect to the Service
must be instituted within one year after the claim or cause
of action has arisen or be barred.
12. If Member's account is a qualified business account and
approved by CompuServe for corporate billing, charges for the
services provided under this Agreement will be accumulated
and identified by User ID Number and will normally be
invoiced following the end of the month in which the service
is provided. Terms of payment on all charges are net, ten
(10) days in the currency in which billed. If any payment
due hereunder is not made by the member within thirty (30)
days after the invoice date, late charges of one and
one-half percent (1 1/2%) per month shall be due and payable
with respect to such payment, and CompuServe may, in
addition, at its sole discretion and without notice to the
member, (a) suspend its performance under this agreement and
the member's and its designated users' access to and use of
the Service, or (b) terminate this agreement and member's
and its designated users' access to and the use of the
Service. For accounts not approved by CompuServe for
corporate billing, member must provide payment by credit
card or direct debit.
13. Notwithstanding any acknowledgement of a member purchase
order by CompuServe, any provision or condition in any
purchase order, voucher, or other memorandum of the member
which is in any way inconsistent with, or adds to, the
provisions of this agreement is null and void. Neither the
course of conduct between parties nor trade practice shall
act to modify the provisions of this Agreement. If any
provision of this Agreement is determined to be invalid, all
other provisions shall remain in full force and effect. The
provisions of paragraphs 7,9, and 13 and all obligations of
and restrictions on member and its designated users shall
survive any termination of this Agreement.