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TERMS.TXT
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1996-09-23
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MEMBER AGREEMENT
For the CompuServe (R) Online Service ("the Service")
Thank you for choosing CompuServe!
Please read this Member Agreement carefully since it contains
important contract rights and obligations between you and CompuServe
Incorporated ("CompuServe"), as well as important limitations on
those rights. If you agree with each term please click on "Agree"
below, or use such other method to indicate your agreement as may be
presented. Agreement to these terms is required for Membership in
the Service. If you do not agree with any of these terms then your
sign-up or further use of the Service cannot proceed since agreement
to these terms by all Members is very important to an orderly
operation of the Service.
Member is a party to this Member Agreement with CompuServe
Incorporated. CompuServe Incorporated is a United States
corporation organized under the laws of the State of Ohio, USA. The
address of CompuServe's worldwide headquarters is 5000 Arlington
Centre Boulevard, Columbus, Ohio (USA) 43220.
Some beginning points to understand:
A. WHO MAY USE THE SERVICE -- SUPERVISION. Using the Service
requires that you be a Member of the Service, or that you have
permission of a Member to use that Member's CompuServe account.
Even if you are not yourself a Member, you still must comply with
these terms if you gain access to or use the Service. In fact,
Member agrees to supervise and be fully responsible for all use by
others of the Member's CompuServe account. (More on this in the
terms below.)
B. ABOUT COMPUSERVE MEMBERSHIP AND ACCOUNTS. A "Member" is a
person who, being at least 18 years of age, has agreed to this
Member Agreement, is legally able to enter into contracts and whose
name and other necessary billing and identifying information are
reflected on CompuServe's records as the person responsible for a
particular CompuServe account. Note that an "account" is simply a
means of access to the Service that is recognized by CompuServe as
such with an associated account number, billing information and
Member name. (More on this in the terms below.)
C. PRICING AND BILLING DETAILS. Please pay close attention to
the terms referred to below regarding pricing and billing
information. Some of these terms are located in a separate document
on the Service but nevertheless make up an important part of this
contract -- they are in a separate document (or documents) for the
sake of convenience and also because they contain pricing and
billing options and plans that you may choose from or that otherwise
simply might not apply to or be available to each and every Member.
D. CHANGES. Also pay close attention to the terms below
regarding changes to both the Service and this Member Agreement that
are possible from time to time since these changes can affect the
contract rights and obligations between you and CompuServe and can
also affect the makeup and nature of the Service itself. This
Member Agreement, including any later modifications, will be
available online for later reference (e.g., GO RULES).
E. YOUR RIGHT TO CANCEL. Please note that although these terms
provide CompuServe with significant flexibility and discretion in
the operation of the Service, they also provide the Member with the
right to cancel the Member's account at any time -- although certain
procedures must be followed to do so validly. (More on this in the
terms below.)
The rest of the terms of this Member Agreement are organized into
five "Parts" for easier reference:
Part I -- The Service, Membership and This Member Agreement;
Part II -- Payment;
Part III -- Permitted Use and Restrictions on Use;
Part IV -- Grant of Important Rights by Member to CompuServe,
and Important Disclaimers to, Acknowledgments by and
Obligations of Member; and
Part V -- General (Note: Although located at the end of this
Member Agreement, these terms are important.).
PART I
THE SERVICE, MEMBERSHIP AND THIS MEMBER AGREEMENT
1. THE SERVICE
The CompuServe information service (the "Service") consists of (A)
computing services, information-related services, software,
information and other content provided by CompuServe, as well as (B)
access to services, software, information and other content provided
by parties other than CompuServe (collectively, "Acquired
Material").
2. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION
2.1 MODIFICATION OF THIS MEMBER AGREEMENT. Upon notice published
over the Service, CompuServe may at any time modify this Member
Agreement, including, without limitation, pricing and billing terms.
2.2 MODIFICATION OF THE SERVICE. CompuServe may discontinue, add
to or revise any or all aspects of the Service in its sole
discretion and without notice, including access to support services,
publications and other products or services ancillary to the Service
or membership. In particular, CompuServe specifically reserves the
right in its sole discretion to modify, supplement, delete,
discontinue or remove any software, file, publications, information,
communication or other content appearing on or transmitted through
the Service.
2.3 TERMINATION BY MEMBER. Member is free, if CompuServe
modifies this Member Agreement, the Service or related pricing or
billing terms, to immediately terminate Member's account and this
Member Agreement, and Member may also do so at any other time and
for any reason or for no reason. Member shall carry out any
termination, however, in accordance with the method or methods
established by CompuServe; failure to do so may delay or prevent
CompuServe from knowing that a termination was intended.
Instructions for cancellation are provided online (e.g., GO CANCEL).
2.4 TERMINATION OR SUSPENSION BY COMPUSERVE. CompuServe may
terminate the Member's account and this Member Agreement in the
event of any breach of this Agreement by Member or a user of
Member's account. CompuServe reserves the right in its sole
discretion to terminate the Member's account and this Member
Agreement at any time or to suspend (with or without notice) or
terminate access to or use of the Service, in whole or in part, with
respect to any Member (and/or with respect to any user of Member's
account) at any time. Unless CompuServe has determined there is a
breach, then CompuServe shall be required to provide 30 days notice
of termination.
2.5 CONTINUATION OF OBLIGATIONS. Notwithstanding any
cancellation or termination of this Member Agreement or any account,
nor any suspension or termination of access to or use of the
Service, Member will remain responsible for any obligations then
accrued, including payment of any charges that may be due as of or
in connection with such actions. Member's payment and other
obligations under this Member Agreement are not suspended or
affected by a suspension of access to or use of the Service, in
whole or in part, due to a violation (actual, threatened or alleged)
of this Agreement or of any law or legal obligation by Member or any
user of Member's account.
3. WHO MAY USE THE SERVICE? -- RESPONSIBILITY AND SUPERVISION
3.1 AGE AND ACCOUNT SETUP. Member represents that Member is at
least 18 years of age and has the right and ability to enter into
this Member Agreement. Member agrees that Member is responsible for
installing, establishing and setting up, and for verifying and
maintaining, the account, options, settings and other parameters
under which the Service is used, including (without limitation) all
related passwords and user identification information. These
account functions may be performed only by a person at least 18
years of age, without exception.
3.2 MULTIPLE USE OF ACCOUNT. Multiple members of the same
household