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RULES.TXT
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1994-04-13
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COMPUSERVE INFORMATION SERVICE OPERATING RULES
The Operating Rules are designed to protect the data and
communications offered by CompuServe Incorporated (CompuServe),
information providers, and members. The rules are also provided to
make online information usage and communications a positive and
secure experience for members.
Members agree during the online sign up procedure to the terms and
conditions outlined in the Operating Rules.
INTRODUCTION
These Operating Rules are part of the terms of your Service Agreement
with CompuServe, and you are bound by them. CompuServe may modify
these rules at any time by publishing the modified rule(s) over the
Service.
COMPUSERVE COPYRIGHT
The entire contents of the Service is copyrighted as a collective
work under the United States Copyright laws. The copying,
reproduction, or publication of any part of the Service is
prohibited, unless expressly authorized by CompuServe.
Each member who places data, materials or other information,
including communications, in the public areas of the service grants
CompuServe the right to edit, copy, republish and distribute such
data, materials, and other information to its members and other
persons. Subject to this grant, each member who places data,
materials or other information on the service retains any rights
member may have in such data, materials or other information.
COPYRIGHTED MATERIAL
Copyrighted material must not be placed on the Service without the
author's permission. Only the owner(s) or persons they specifically
authorize may upload copyrighted material to the Service.
Members may download copyrighted material for their own use. Any
member may also non-commercially redistribute a copyrighted program
with the expressed permission of the owner or authorized person.
Permission must be specified in the document, on the Service, or must
be obtained directly from the author.
PUBLIC DOMAIN MATERIAL
Any member may upload public domain programs to the Service. Any
member may download public domain programs for their own use or
non-commercially redistribute a public domain program. Member assumes
all risks regarding the determination of whether a program is in the
public domain.
INFORMATION CONTENT & USES OF THE SERVICE
Member agrees not to publish on or over the Service any information
which violates or infringes upon the rights of any other person or
any information which would be abusive, profane or sexually offensive
to an average person, or which, without the approval of CompuServe,
contains any advertising or any solicitation of other members to use
goods or services. This paragraph, however, shall not be interpreted
to restrict member from utilizing CompuServe Mail in the conduct of a
legitimate business except that member may not, without the approval
of CompuServe, send unsolicited advertising or promotional material
to other CompuServe members.
Member agrees not to use the facilities and capabilities of the
Service to conduct any business or activity or solicit the
performance of any activity which is prohibited by law or to solicit
CompuServe members to become members of other competitive information
services.
EDITING OF PUBLIC INFORMATION
CompuServe reserves the right in its sole discretion to edit any
public information appearing on the Service, regardless of whether it
violates the standards for information content.
SERVICE TERMINATION
CompuServe reserves the right in its sole discretion to suspend or
terminate Service to any member at any time.
INDEMNIFICATION
Member agrees to indemnify and hold CompuServe harmless from any
claims and expenses, including reasonable attorney's fees, related to
member's violation of the Service Agreement, including these rules.
STANDARD PRICING PLAN
Multiple members of the same household may share a single User ID
Number. However, only one person is authorized to access the Service
at any given time on one User ID Number.
Common Questions:
WHAT IS A COMPILATION COPYRIGHT?
CompuServe has copyrighted the contents of the CompuServe Information
Service as a compilation copyright, just as many magazines and
newspapers reserve such a copyright on the contents of their
publications. This copyright is held in accordance with the 1976
Copyright Act of the United States.
A compilation copyright is granted when an organization collects
information in a lawful way, adds value to it, and offers it to
others. In this case, the CompuServe Information Service is a
value-added product; CompuServe Incorporated has committed
substantial financial resources to collecting more than 1700 areas on
the service and offering them in an organized, structured way to a
defined user base through a nationwide telecommunications network.
The compilation copyright is intended to protect that substantial
investment from unauthorized exploitation. This does NOT mean that
CompuServe assumes ownership of individual programs and databases
provided to the system by members or information providers.
IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO I
STILL RETAIN OWNERSHIP OF THE PROGRAM?
Yes, you do. CompuServe's compilation copyright does NOT supersede
individual ownership rights or copyrights to any of the material
furnished to the Service by members or information providers.
For example, a member who creates a program and uploads it to a
CompuServe forum data library STILL OWNS that program, and may upload
it to other information services and bulletin board systems.
It should be noted, however, that CompuServe cannot grant any
redistribution rights for materials copyrighted by the author, unless
specifically authorized to do so, CompuServe does not own the
material or the copyright. These rights must be obtained directly
from the author.
WHAT IS COMPUSERVE'S STANCE TOWARD COPYRIGHTED, PUBLIC DOMAIN, AND
SHAREWARE PROGRAMS?
Each of these types of property have special characteristics, and
deserves separate explanation:
COPYRIGHTED MATERIAL
CompuServe does not allow copyrighted material to be placed on the
CompuServe Information Service without the author's permission. Only
the owner(s) or persons they specifically authorize may upload
copyrighted material to the Service.
Any member may download copyrighted material for their own use. Any
member may also non-commercially redistribute a copyrighted program
with the expressed permission of the owner or authorized person.
Permission must be specified in the document, on the Service, or must
be obtained directly from the author. See menu choices 5, 6 and 7 for
more information about redistribution guidelines.
PUBLIC DOMAIN
Any member may upload public domain programs to the Service. Any
member may download public domain programs for their own use or
non-commercially redistribute a public domain program. See menu
choices 5, 6 and 7 for more information about redistribution
guidelines.
SHAREWARE
Only the owner or an authorized person may upload shareware programs.
Any member may download shareware programs for their own use,
subject to the terms provided by the owner. Any member may
non-commercially redistribute a shareware program subject to the
provided terms explicitly displayed in the software itself, or with
permission of the owner or authorized person. See menu choices 5,6
and 7 for more information about redistribution guidelines.
AS A COMPUSERVE MEMBER, CAN I DOWNLOAD PUBLIC DOMAIN INFORMATION AND
SHAREWARE PROGRAMS FOR MY OWN USE FROM COMPUSERVE FORUM DATA
LIBRARIES?
Yes, you can. Public domain information and shareware programs are
uploaded to CompuServe data libraries by their authors for use by
other CompuServe members.
MAY I DOWNLOAD PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES AND
SHARE THEM WITH A FRIEND, OR UPLOAD THEM TO ANOTHER BULLETIN BOARD
SYSTEM?
In keeping with the spirit of the development of public domain
information and shareware, it is not CompuServe's current policy to
prevent casual redistribution of this type of information -- this is
low volume and low frequency use or redistribution of information
where no commercialism is involved. This means that a member may
download a file and share it with others for no commercial gain --
either via a bulletin board service, diskette, or other means.
A member may not, however, download a large number of files for
redistribution via any means, nor is it acceptable for a member to
update another bulletin board regularly with files obtained from
CompuServe.
It's important to note that CompuServe cannot grant redistribution
rights for programs clearly copyrighted by the author, unless
specifically authorized to do so. Such permission must be obtained
directly from the author of the program.
MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA
LIBRARY?
Commercial exploitation of material contained on the CompuServe
Information Service is specifically prohibited by the CompuServe
Service agreement, to which each member agrees before being permitted
to access the Service. Therefore, members cannot lawfully download
and redistribute public information or shareware programs for
personal gain.
In addition, mass redistribution of public domain information or
shareware is also prohibited. Mass distribution is defined as high
frequency and/or high volume transfers.
WHAT ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT OR
SERVICE AGREEMENT PROVISIONS?
When a situation involving exploitation is brought to CompuServe's
attention, we investigate and, if warranted, remind the violator of
the Service Agreement Terms. If subsequent violations are reported,
access to the CompuServe Information Service may be terminated for
the violator and, in extreme cases, a letter is sent from our legal
counsel asking that he or she cease and desist, or risk further legal
action.
This is done as a positive step to protect the value and use of the
material for CompuServe Information Service members, and to
discourage unauthorized redistribution of that material.
COMPUSERVE INFORMATION SERVICE AGREEMENT TERMS
1. The CompuServe Information Service (the "Service") consists of
the computing and communications services, software, databases, data,
information and all other material (collectively "Information")
available through CompuServe Incorporated ("CompuServe"). These
terms and any Operating Rules published over the Service constitute
the entire agreement (collectively "Agreement") between CompuServe
and Customer with respect to the Service and supersede all other
communications.
2. Upon notice published over the Service, CompuServe may modify
this agreement, the Operating Rules or prices. CompuServe may
discontinue or revise any or all other aspects of the Service at its
sole discretion and without prior notice.
3. Unless otherwise agreed, Customer's right to use the Service or
to designate Users is not transferable and is subject to any limits
established by CompuServe, or by Customer's credit card company if
billing is through a credit card.
4. Customer agrees to indemnify CompuServe against liability for
any and all use of Customer's account.
5. Customer is responsible for and must provide all telephone and
other equipment and services necessary to access the Service.
6. Customer shall pay, in accordance with the provisions of the
Billing Option selected by Customer, any registration or monthly
fees, connect time charges, minimum charges and other charges
incurred by Customer 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. The Customer shall pay all
applicable sales and use taxes relating to its and the Users' use of
the Service. The Customer shall be responsible for all use of the
Service accessed through Customer's or its designated Users'
password(s).
7. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH
INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION,
IS AT CUSTOMER'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 OR USE WITH
RESPECT TO THE SERVICE OR INFORMATION. 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. THE
PROVISIONS OF THIS SECTION 7 WILL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
8. Except as expressly permitted in the Operating Rules, neither
Customer nor its designated Users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially exploit,
any Information which they receive through the Service.
9. The provisions of paragraphs 7 and 8 are for the benefit of
CompuServe and its Information Providers, Licensors, Employees, and
Agents; and each shall have the right to assert and enforce such
provisions directly on its own behalf.
10. 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
Customer 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.
11. If Customer'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
Customer 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 Customer,
(a) suspend its performance under this agreement and the Customer's
and its Users' access to and use of the Service, or (b) terminate
this agreement and Customer's and its Users' access to and the use of
the Service. For accounts not approved by CompuServe for corporate
billing, Customer must provide payment by credit card or electronic
funds transfer.
12. This Agreement contains the full understanding of the parties
with respect to the subject matter hereof, and no waiver, alteration,
or modification of any of the provisions hereof shall be binding on
either party unless in writing and signed by duly authorized
representatives of the parties. Neither the course of conduct
between parties nor trade practice shall act to modify the provisions
of this Agreement.