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SERVICE TERMS
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1994-08-08
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7KB
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139 lines
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.