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- Service Agreement Terms
-
- You will be asked to agree to the following CompuServe
- Information Service Terms during the online registration
- process. Please read them carefully before becoming a
- member.
-
- 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 relating 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).
-
- 7. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
- MEMBER'S SOLE RISK. NEITHER COMPUSERVE NOR ANY OF ITS
- RESPECTIVE INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR
- AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
- ERROR FREE; NOR DOES COMPUSERVE OR ANY OF ITS RESPECTIVE
- 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.
-