Media Gallery 1995 December/MG_1295.ISO/pcdirekt/kommunik/cserve/cimos2/signup.lib/TERMS.TXT

Text File | 1994-07-14 | 8KB | 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.