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TERMS.TXT
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1995-05-24
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7KB
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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.