PC Games.EXE 1998 October/PC Games EXE (October 1998).iso/ELink15/Access/LICENSE.TXT

Text File | 1998-05-20 | 39KB | 1,055 lines

Subscriber Acceptable Use Policy, Internet Access Agreement and Software
License Agreement


1. Introduction

EarthLink is committed to and supports the free
flow of information and ideas over the Internet.
EarthLink does not actively monitor nor does
EarthLink exercise editorial control over the
content of any web site, electronic mail
transmission, mailing list, news group or other
material created or accessible over EarthLink
services. However, EarthLink reserves the right
to remove any materials EarthLink does become
aware of that are, in EarthLink's sole discretion,
potentially illegal, could subject EarthLink to
liability, or violate this Acceptable Use Policy
("Policy"). Your violating this Policy may result in
the suspension or cancellation of your EarthLink
services. You should read and interpret this
Policy in conjunction with the EarthLink Network
Internet Access Agreement.

2. Policies

The following are violations of EarthLink's
acceptable use policies:

     2.1. Using a personal account for high
     volume or commercial use. If you would like
     to receive high-volume or commercial
     services, please contact EarthLink's
     Business Sales Department at
     1-800-395-8425 for information about
     establishing a commercial account. Activities
     which are prohibited as high volume include,
     but are not limited to:

          2.1.1. Any mailbox exceeding 10MB
          may, at EarthLink's discretion, be
          transferred to a compressed temporary
          file or storage. Members will be notified
          at that time with further information.
          Sixty days after this notification,
          EarthLink reserves the right to delete
          the temporary file from the server.

          2.1.2. Exceeding 6MB of disk space for
          free Web sites. Any free Web site
          exceeding 6MB will be suspended until
          the customer brings the disk space
          usage under 6MB.

          2.1.3. Exceeding 250MB of traffic in a
          one month period for free Web sites.
          Any free Web site exceeding 250MB of
          traffic will be billed for the excess traffic.
          Charges will be determined according to
          EarthLink's Rate Chart, which is located
          at
          http://www.earthlink.net/company/rates.html.
          These prices may also be obtained by
          calling 1-800-395-8425.

     2.2. Using EarthLink services for illegal
     purposes or in support of illegal activities. In
     accordance with Section 5.2.1 of the Internet
     Access Agreement, EarthLink reserves the
     right to cooperate with legal authorities
     and/or injured third parties in the
     investigation of any suspected crime or civil
     wrong. Activities which are prohibited as
     potentially illegal include, but are not limited
     to:

          2.2.1. Unauthorized copying of
          copyrighted material including, but not
          limited to, digitization and distribution of
          photographs from magazines, books, or
          other copyrighted sources, and
          copyrighted software.

          2.2.2. Exporting software or technical
          information in violation of U.S. export
          control laws.

          2.2.3. Posting or emailing of scams such
          as 'make-money-fast' schemes or
          'pyramid/chain' letters.

          2.2.4. Threatening bodily harm or
          property damage to individuals or
          groups.

          2.2.5. Making fraudulent offers of
          products, items, or services originating
          from your account.

          2.2.6. Attempting to access the
          accounts of others, or attempting to
          penetrate security measures of
          EarthLink's or other entities' systems
          ("hacking"), whether or not the intrusion
          results in corruption or loss of data.

     2.3. Harassing others by 'mail-bombing' or
     'news-bombing'. 'Mail-bombing' constitutes
     sending more than ten (10) similar mail
     messages to the same email address. 'News
     bombing' constitutes sending more than
     10Mb of data to a newsgroup.

          2.3.1. Sending unsolicited email
          messages where the recipient objects to
          the content of the message or to the
          receipt of the message in general is also
          prohibited under this Section.

               2.3.1.1. Member acknowledges that
               he/she/it is expressly prohibited
               from utilizing EarthLink Network's
               service, EarthLink Network's
               equipment or any EarthLink
               Network's electronic mail address in
               connection with the sending of the
               same or substantially similar
               unsolicited electronic mail message,
               whether commercial or not, to a
               large number of recipients. This
               prohibition extends to the sending
               of unsolicited mass mailings from
               another service which in any way
               implicates the use of EarthLink
               Network's service, EarthLink
               Network's equipment or any
               EarthLink Network's electronic mail
               address.

               2.3.1.2. A message is unsolicited if
               it is posted in violation of a USENET
               or newsgroup charter and /or if it
               is sent to a recipient who has not
               requested or invited the message.
               For purposes of this provision,
               merely making one's e-mail address
               accessible to the public shall not
               constitute a request or invitation to
               receive messages.

               2.3.1.3. Member specifically agrees
               that he/she/it will not utilize the
               EarthLink Network service,
               EarthLink Network's equipment or
               any EarthLink Network electronic
               mail address in connection with the
               transmission of the same or
               substantially similar unsolicited
               message to 50 or more recipients or
               15 or more newsgroups in a single
               day. Members responsible for these
               acts may be terminated at
               EarthLink's discretion. For each
               day upon which this provision is
               violated, Member agrees to pay
               EarthLink Network $10.00 per day
               for an unintentional violation of this
               provision, but where warranted,
               such as in the case of an accidental
               transmission, EarthLink Network
               may waive all or part of the
               applicable charge. In cases of willful
               violations of this provision, Member
               agrees to pay EarthLink Network
               $200.00 per day. EarthLink
               Network at its sole discretion shall
               determine whether such a violation
               was unintentional or willful.
               Payment by member under this
               provision shall not prevent
               EarthLink Network from seeking to
               obtain other legal remedies against
               member, including other damages
               or an injunction.

     2.4. Revealing your account password to
     others or allowing use of your account by
     others (other than authorized users in your
     household).

          2.4.1 At no time can there be
          simultaneous use of the same username
          and password combination.

     2.5. Forging any message header, in part or
     whole, of any electronic transmission,
     originating or passing through EarthLink
     services.

     2.6. Distributing viruses to or from
     EarthLink systems.

     2.7. Use of software or any device that would
     allow your account to stay logged on while
     you are not actively using EarthLink services
     or use the account for the purpose of
     operating a server of any type.

     2.8. Cross-posting advertisements for
     products, items, or services to ten (10) or
     more unrelated USENET newsgroups.

     2.9. Posting articles to any USENET or other
     newsgroup, mailing list or similar forum
     which are off-topic according to the charter
     or other public statement of the forum.

     2.10. Disrupting any newsgroup with
     frivolous, excessively vulgar, or repetitious
     postings.

     2.11. Posting of binary, or excessively large,
     unrelated text files to non-binary news
     groups that have specifically requested such
     material not be posted in the group's FAQ
     (Frequently Asked Questions).

     2.12. Installation of 'auto-responders',
     'cancel-bots' or similar automated or manual
     routines which generate excessive amounts
     of net traffic, or disrupt net newsgroups or
     email use by others.

     2.13. Engaging in any of the above activities
     using the service of another provider but
     channeling such activities through an
     EarthLink account or re-mailer, or using an
     EarthLink account as a mail drop for
     responses.

3. EarthLink Assumes No Liability

EarthLink has no practical ability to restrict all
conduct, communications or content which might
violate this Policy prior to its transmission on
EarthLink's systems, nor can EarthLink ensure
prompt removal of any such communications or
content after transmission or posting.
Accordingly, EarthLink does not assume liability
to subscribers or others for any failure to enforce
the terms of this Policy.

4. Revisions to this Policy

EarthLink reserves the right to modify this Policy
at any time upon at least thirty (30) days prior
notice. Notice of modifications to this Policy may
be given to subscribers by posting such changes
to the EarthLink homepage
(http://www.earthlink.net), by electronic mail, or
by conventional mail.




EARTHLINK NETWORK, INC. INTERNET
ACCESS AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE YOU ACCESS THE SERVICE PROVIDED
TO YOU BY EARTHLINK NETWORK, INC.
("EARTHLINK"). BY CLICKING THE "YES"
BUTTON AT THE END OF THIS DOCUMENT,
DOWNLOADING, OR USING THE
TOTALACCESS(tm) SOFTWARE OR THE
COMPANY'S INTERNET SERVICES, YOU AGREE
TO BE BOUND BY THIS AGREEMENT, THE
COMPANY'S SOFTWARE LICENSE AGREEMENT,
ACCEPTABLE USE POLICY, AND SUCH OTHER
USER POLICIES AS THE COMPANY MAY
ESTABLISH FROM TIME TO TIME.

IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT, YOU MAY NOT ACCESS OR USE
THE SERVICE, SHOULD CLICK THE "NO"
BUTTON, AND, IF YOU CURRENTLY HAVE AN
EARTHLINK ACCOUNT, YOU MUST CONTACT
OUR OFFICES AS SPECIFIED IN SECTIONS 10
AND 11 WITHIN 30 DAYS OF RECEIPT OF THIS
DOCUMENT.

EarthLink provides the Service, defined below in
Section 1, subject to your compliance with this
Agreement. Other services provided by EarthLink
will not be subject to this Agreement unless this
Agreement is expressly incorporated into any
other agreement regarding those services.

1. Service.

     1.1 The Service includes: Internet
     access; Electronic mail ("email") and a
     single electronic mail address; one Web
     site (up to 6 megabytes) on EarthLink's
     server (regardless of the number of
     mailboxes per your account); and, a
     subscription to EarthLink's subscriber
     newsletter "bLink."

     1.2. Any means of identification
     assigned to you by EarthLink (including
     usernames and email addresses) will
     remain the property of EarthLink and at
     EarthLink's sole discretion may be
     altered or replaced at any time.

     1.3. EarthLink makes no guarantees as
     to the continuous availability of the
     Service or any specific feature of the
     Service. EarthLink reserves the right to
     change the Service or any of its features
     at any time with or without notice.

2. Registration Requirements.

     2.1. You must be at least 18 years old to
     register for the Service. By accepting
     this Agreement, you represent that you
     meet this age requirement. Minors who
     use the Service are assumed to have
     parental or guardian consent to do so.

     2.2. You agree to provide EarthLink with
     accurate and complete billing
     information including your legal name,
     address, and telephone number. All
     changes to this information must be
     reported to EarthLink within 30 days of
     the change.

     2.3. By accepting this Agreement, you
     agree that you are responsible for all
     charges posted to your account until
     you cancel the account as specified in
     Section 11.

3. Fees.

     3.1. Setup fee are nonrefundable, and
     EarthLink does not issue pro rata
     refunds for fees paid in advance.

     3.2. Unlimited Internet access is offered
     by EarthLink subject to the following
     limitations:

          3.2.1. Toll-free access is not included in
          this offer but requires payment of
          additional hourly charges. See the Rate
          Chart at
          http://www.earthlink.net/company/rates.html
          for full details.

          3.2.2. Use of EarthLink's
          international access services
          will incur hourly charges as
          specified in the Rate Chart at
          http://www.earthlink.net/company/rates.html.
          Special offer accounts which
          have monthly service charges
          waived do not include 1-800 or
          international free access.

          3.2.3. LOCAL ACCESS
          DIALUP NUMBERS MAY NOT
          BE AVAILABLE IN ALL
          AREAS. IT IS YOUR SOLE
          RESPONSIBILITY TO
          DETERMINE IF USE OF A
          PARTICULAR EARTHLINK
          DIALUP NUMBER WILL
          CAUSE YOU TO INCUR
          LONG-DISTANCE, TOLL OR
          OTHER CHARGES.
          EARTHLINK IS NOT
          RESPONSIBLE FOR ANY
          LONG-DISTANCE OR TOLL
          CHARGES INCURRED BY
          YOU THROUGH YOUR USE
          OF THE SERVICE. YOU ARE
          SOLELY RESPONSIBLE FOR
          ALL TELECOMMUNICATIONS
          CHARGES INCLUDING LOCAL
          AND LONG-DISTANCE
          TELEPHONE CHARGES FOR
          CONNECTION TO THE
          SERVICE BY YOU AND BY
          THOSE WHO ACCESS THE
          SERVICE THROUGH YOUR
          ACCOUNT.

     3.3. Current prices for EarthLink
     services are posted on EarthLink's Rate
     Chart at http://www.earthink.net.
     These prices may also be obtained by
     calling 1-800-395-8425. EarthLink
     reserves the right to change prices and
     institute new fees. EarthLink may change
     rates or institute new charges at any
     time upon 30 days prior notice.
     EarthLink does not issue pro rata fee
     refunds.

     3.4. A service charge of $15.00 will be
     assessed to your account for each check
     that is returned to EarthLink for
     insufficient funds.

     3.5. Payments for all charges are due
     within 30 days of the month in which
     the charges are incurred. If your
     account is delinquent, your account may
     be suspended or canceled at
     EarthLink's sole discretion If your
     account is suspended, regular charges
     continue to accrue until you cancel your
     account. EarthLink may, at its sole
     discretion, charge a fee of $9.95 to
     reinstate a suspended account.

     3.6. Interest charges of 1% per month
     (or the highest rate permitted by law if
     lower than 1% per month) will accrue
     daily on any unpaid balance which is
     more than 30 days old.

     3.7. You agree to pay all sales and use
     taxes, duties, or levies which are
     required by law as well as all attorney
     and collection fees arising from efforts
     to collect any unpaid balance on your
     account.

     3.8. If you believe that EarthLink has
     billed you in error, you must contact the
     Customer Service Department (per
     Section 11) within 60 days of the invoice
     or transaction date of the charge.
     Refunds or adjustments will not be
     given for any charges which are more
     than 60 days old.

4. Use of the Service.

     4.1. You and any members of your
     household are the only individuals who
     are authorized to access the Service
     through your EarthLink account. You
     must not permit anyone else to access
     the Service through your account and
     must ensure that all authorized users of
     your account comply with this
     Agreement.

     4.2 You are responsible for maintaining
     the confidentiality of passwords used by
     you or members of your household .

     4.3 You are responsible for all charges
     assessed as a result of use of your
     account. However, EarthLink will not
     hold you responsible for charges
     attributable to an unauthorized user's
     access to your account without your
     permission, provided that you notify
     EarthLink within 24 hours of
     discovering any such unauthorized use
     and the unauthorized use is not
     attributable to the failure of any
     authorized user to exercise reasonable
     efforts to maintain the confidentiality of
     the account or password.

     4.4 Except for software provided by
     EarthLink, you are responsible for
     providing and maintaining all equipment
     and other software necessary to access
     the Service.

     4.5. You will not use the Service or
     permit others to use the Service
     through your account in any way that
     violates any law or regulation; subjects
     EarthLink to liability; or is in
     contravention of EarthLink's Acceptable
     Use Policy. You agree to comply with all
     EarthLink security procedures and
     standards and to be bound by the terms
     and conditions of the End User License
     Agreement for any software provided to
     you.

5. Monitoring the Service; Disclosure of Member
Information. EarthLink has no obligation to
monitor the Service but may do so and may
disclose information regarding your use of the
Service to satisfy laws, regulations or
governmental requests; to operate the Service
properly; and, to protect itself and its members.
However, EarthLink will not disclose member
information to outside persons or entities for the
purpose of soliciting EarthLink members.

EARTHLINK, IN ITS SOLE DISCRETION, MAY
REMOVE OR REFUSE TO POST ANY
INFORMATION OR MATERIALS, IN WHOLE OR
IN PART, WHICH ARE UNACCEPTABLE,
UNDESIRABLE OR IN VIOLATION OF THIS
AGREEMENT.

6. No Warranties Provided by EarthLink.

     6.1. Except for certain products and
     services specifically identified as being
     offered by EarthLink, EarthLink does
     not control any information, products or
     services on the Internet and except for
     such EarthLink-identified content, all
     merchandise, information and services
     offered, made available, or accessible on
     the Internet are by third parties who
     are not affiliated with EarthLink.

     6.2. YOU ASSUME FULL
     RESPONSIBILITY AND RISK FOR USE
     OF THE SERVICE AND THE INTERNET
     BY YOU AND YOUR AUTHORIZED
     USERS. THE SERVICE IS PROVIDED
     ON AN "AS IS" AND "AS AVAILABLE"
     BASIS. EARTHLINK DOES NOT
     WARRANT THAT THE SERVICE WILL
     BE UNINTERRUPTED OR ERROR-FREE
     OR THAT ANY INFORMATION,
     SOFTWARE OR OTHER MATERIAL
     ACCESSIBLE VIA THE SERVICE IS
     FREE OF VIRUSES, WORMS, TROJAN
     HORSES, OR OTHER HARMFUL
     COMPONENTS. EARTHLINK MAKES NO
     EXPRESS OR IMPLIED WARRANTIES,
     REPRESENTATIONS OR
     ENDORSEMENTS INCLUDING, BUT
     NOT LIMITED TO, WARRANTIES OF
     TITLE, NON-INFRINGEMENT OR
     IMPLIED WARRANTIES OF
     MERCHANTABILITY OR FITNESS FOR
     A PARTICULAR PURPOSE REGARDING
     ANY MERCHANDISE, INFORMATION
     OR SERVICE PROVIDED THROUGH
     EARTHLINK OR ON THE INTERNET
     GENERALLY. NO ADVICE OR
     INFORMATION GIVEN BY EARTHLINK,
     ITS EMPLOYEES, AFFILIATES OR
     CONTRACTORS SHALL CREATE A
     WARRANTY.

     6.3 EARTHLINK SHALL NOT BE LIABLE
     FOR ANY COSTS OR DAMAGES
     ARISING DIRECTLY OR INDIRECTLY
     FROM USE OF THE SERVICE. IT IS
     SOLELY YOUR RESPONSIBILITY TO
     EVALUATE THE ACCURACY,
     COMPLETENESS, AND USEFULNESS
     OF ALL OPINIONS, ADVICE, SERVICES,
     AND OTHER INFORMATION, AND THE
     QUALITY AND MERCHANTABILITY OF
     ALL MERCHANDISE PROVIDED
     THROUGH THE SERVICE OR ON THE
     INTERNET GENERALLY.

     6.4. THE INTERNET CONTAINS
     UNEDITED MATERIALS, SOME OF
     WHICH ARE SEXUALLY EXPLICIT OR
     MAY BE OFFENSIVE TO YOU OR
     OTHERS ACCESSING THE SERVICE
     THROUGH YOUR ACCOUNT. YOU
     ACCESS SUCH MATERIALS AND
     PERMIT OTHERS TO ACCESS SUCH
     MATERIALS THROUGH YOUR
     ACCOUNT AT YOUR OWN RISK.
     EARTHLINK HAS NO CONTROL OVER
     AND ACCEPTS NO RESPONSIBILITY
     FOR SUCH MATERIALS.

7. Your Remedies.

     7.1. If you are dissatisfied with the
     Service or any of its terms, conditions,
     rules, policies, guidelines, or practices,
     your sole and exclusive remedy is to
     terminate this Agreement and
     discontinue using the Service by
     canceling your account by one of the
     methods outlined in Section 11.

     7.2. UNDER NO CIRCUMSTANCES
     SHALL EARTHLINK, ITS EMPLOYEES,
     AFFILIATES OR CONTRACTORS BE
     LIABLE FOR ANY DIRECT, INDIRECT,
     INCIDENTAL, SPECIAL, PUNITIVE, OR
     CONSEQUENTIAL DAMAGES THAT
     RESULT IN ANY WAY FROM ANY: USE
     OF YOUR ACCOUNT OR THE SERVICE
     OR YOUR INABILITY TO USE THE
     SERVICE; ACCESS OF THE INTERNET
     OR ANY PART THEREOF; OR, YOUR
     RELIANCE ON OR USE OF
     INFORMATION, SERVICES OR
     MERCHANDISE PROVIDED ON OR
     THROUGH THE SERVICE OR THAT
     RESULT FROM MISTAKES,
     OMISSIONS, INTERRUPTIONS,
     DELETION OF FILES, ERRORS,
     DEFECTS, DELAYS IN OPERATION OR
     TRANSMISSION, OR ANY FAILURE OF
     PERFORMANCE.

8. Indemnity. You agree to defend, indemnify,
and hold EarthLink and its affiliates harmless
from any and all liabilities, costs, and expenses,
including reasonable attorneys' fees, related to or
arising from: any violation of this Agreement by
you or those who access the Service through
your account; AND, the use of the Service or the
Internet and the placement or transmission of
any message, information, software, or other
materials on the Internet by you or by those who
have access to the Service through your account.

9. Term of Agreement. This Agreement is
effective from your acceptance thereof, which is
indicated by your clicking the "Yes" button at the
end of this Agreement or upon the first use of
the Service through your account, whichever is
first. If you are a current EarthLink member
when this Agreement is activated, your continued
use of the Service constitutes your acceptance of
this Agreement.

10. Termination of Agreement.

     10.1. You may terminate this
     Agreement by using only the methods
     outlined in Section 11. Your
     termination will only be complete
     upon your receipt of a confirmation
     number from EarthLink. You will
     receive verbal confirmation if you
     cancel by telephone, and a written
     reply through U.S. mail if you cancel
     by mail or webform. EMAIL
     CANCELLATIONS WILL NOT BE
     ACCEPTED. Charges to your account
     will stop accruing the day you receive
     your confirmation number. EarthLink
     does not issue pro rata fee refunds.

     10.2. EarthLink may terminate this
     Agreement: at any time without cause
     upon 30 days prior notice; or,
     immediately upon notice if you, or any
     person who has access to the Service
     through your account, commit a material
     breach of this Agreement, including but
     not limited to a breach of any obligation
     imposed under Section 4 or you fail to
     pay any charges within 60 days of the
     date they accrue.

     10.3. Upon termination of this
     Agreement all rights granted to you and
     your authorized users under this
     Agreement shall immediately cease and
     terminate; and, you must destroy or
     return to EarthLink all copies of
     software and documentation that you
     received from EarthLink.

     10.4. Termination of this Agreement
     does not release you from the obligation
     to pay all accrued charges under this
     Agreement.

     10.5. EarthLink's right to enforce the
     provisions of Sections 3, 5, 6, 7, 8, 11,
     and 12 shall survive termination of this
     Agreement.

11. Notice.

     11.1. You may change or cancel your
     EarthLink account by the following
     methods only: electronic webform at
     http://www.earthlink.net/assistance;
     first-class registered or certified mail,
     return receipt requested addressed to
     EarthLink Network, Inc., Accounts
     Customer Service, 3100 New York Drive,
     Suite 201, Pasadena, California 91107;
     or telephone calls directed to Accounts
     Customer Service at 1-800-395-8410.

     11.2. EarthLink may provide notice to
     you by the following methods: Electronic
     mail (email) addressed to your email
     account; general posting to EarthLink's
     web site at http://www.earthlink.net; or
     by US Mail or courier service at the
     address you provided EarthLink when
     you registered for the service. All
     notices or other communications to you
     shall be deemed effective on the first
     (1st) calendar day following the date of
     electronic mailing or posting or on the
     fourth (4th) calendar day following the
     date of first-class mailing or deposit with
     a commercial courier service.

12. Miscellaneous.

     12.1. EarthLink's failure to enforce
     strict performance of any provision of
     this Agreement shall not be construed
     as a waiver.

     12.2. This Agreement shall be governed
     by and construed in accordance with
     the laws of the State of California,
     United States of America, without
     regard to its conflicts of law provisions.
     You consent to the personal jurisdiction
     of the federal and state courts having
     jurisdiction for Pasadena, California with
     respect to all disputes arising out of this
     Agreement, your use of the Service or
     otherwise between you and EarthLink.
     Any cause of action you may have with
     respect to the Service must be
     commenced within one (1) year after the
     claim or cause of action arises or such
     claim or cause of action is barred.

     12.3. Any action at law, suit in equity,
     or other judicial proceeding concerning,
     relating to, arising from, or touching
     upon in any way, no matter how
     remotely, the contract for services
     between you and EarthLink Network,
     Inc. and/or your use of and/or
     EarthLink's provision of systems and
     services thereunder, shall be brought
     and litigated, if at all, only in the state
     court system of the State of California.
     In such event, you acknowledge the
     right of the specified court to assert
     personal jurisdiction in any such action
     over you and waive and release now and
     forever any defense to that assertion of
     jurisdiction that might otherwise exist.

     12.4. Neither this Agreement, nor any of
     your rights or obligations arising
     hereunder, shall be transferable by you
     to any third party without EarthLink's
     prior written consent.

     12.5. This Agreement, the Rate Chart,
     the Acceptable Use Policy, and the
     End-User License Agreement constitute
     the entire agreement between you and
     EarthLink with respect to the Service.

     12.6. EarthLink reserves the right to
     alter, amend or modify this Agreement
     at any time upon thirty (30) days notice.
     No amendment or modification to this
     Agreement by you shall be valid or
     binding on EarthLink unless made in
     writing and signed by both parties.

     12.7. Under California Civil Code Section
     1789.3, California subscribers are
     entitled to the following specific
     consumer rights information: the
     Complaint Assistance Unit of the
     Division of Consumer Services of the
     Department of Consumer Affairs may be
     contacted in writing at 1020 N. Street,
     #501, Sacramento, CA 95814 or by
     telephone at 1-916-445-1254.

EarthLink Network TotalAccess (tm) is a trademark
of EarthLink Network, Inc.
EarthLink Network(r) is a registered trademark of
EarthLink Network, Inc.


EarthLink Network TotalAccess
Software License Agreement

CAREFULLY READ THE FOLLOWING TERMS
AND CONDITIONS OF THIS AGREEMENT. BY
INSTALLING AND USING THE EARTHLINK
NETWORK TOTALACCESS SOFTWARE, YOU
INDICATE YOUR ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS AND
YOU AGREE TO BE BOUND BY ALL OF THEM.
IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS, DO NOT
INSTALL OR USE THE EARTHLINK NETWORK
TOTALACCESS SOFTWARE.

THE EARTHLINK NETWORK TOTALACCESS
SOFTWARE AND DOCUMENTATION ARE
PROVIDED FOR USE ONLY (I) WITH THE
INTERNET ACCESS OR INTRANET ACCESS
SERVICE OFFERED BY EARTHLINK NETWORK,
INC. ("EARTHLINK") IN CONJUNCTION WITH
THE DISTRIBUTION OF THE EARTHLINK
NETWORK TOTALACCESS SOFTWARE AND
DOCUMENTATION AND (II) IN ACCORDANCE
WITH THE TERMS OF THIS AGREEMENT. NO
RIGHT OR LICENSE IS GRANTED TO USE THE
EARTHLINK NETWORK TOTALACCESS
SOFTWARE, DOCUMENTATION, OR ANY
COMPONENT OF THE EARTHLINK NETWORK
TOTALACCESS SOFTWARE OR
DOCUMENTATION WITH ANY OTHER INTERNET
ACCESS OR INTRANET ACCESS SERVICE.

THIS AGREEMENT CONSTITUTES THE
COMPLETE AND EXCLUSIVE STATEMENT OF
THE AGREEMENT BETWEEN YOU AND
EARTHLINK WITH RESPECT TO THE
EARTHLINK NETWORK TOTALACCESS
SOFTWARE. THIS AGREEMENT SUPERSEDES
ANY WRITTEN OR ORAL PROPOSAL , PRIOR
AGREEMENT, OR OTHER COMMUNICATION
RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.

Section 1. License Grant. Subject to the
provisions contained herein and payment of
applicable fees, EarthLink hereby grants to
Customer ("You") a personal, non-exclusive,
non-transferable and non-assignable license to
install and use the accompanying versions of the
proprietary EarthLink Network TotalAccess
software in object code format, its associated
documentation and any updates thereto
("Licensed Program") on a single computer of
which You are the primary user ("Authorized
System"). The Licensed Program may include one
or more of the following programs: Apple
Computer, Inc. MacTCP; Merit Network, Inc.
MacPPP or etherPPP; Microsoft(r) Internet
Explorer; Netscape(r) Navigator'; QUALCOMM
Eudora-Light(r); Network TeleSystems, Inc.
TCP/IP Software for Windows(r); and other
software which may from time to time be included
in the Licensed Program ("Software"). You agree
to use the Licensed Program solely in
conjunction with EarthLink's Internet Service
and for no other purpose. EarthLink may modify
the Licensed Program at any time for any reason.
You agree to use only the most recent version of
the Licensed Program and destroy or return to
EarthLink at its request any superseded version
of the Licensed Program.

Section 2. Intellectual Property Rights. You
acknowledge and agree that the Licensed
Program constitutes confidential and proprietary
information of EarthLink and EarthLink's
licensors and embodies trade secrets and
intellectual property protected under United
States copyright and other laws and international
treaty provisions. You further acknowledge that
all right, title, and interest in and to the Licensed
Program, including associated intellectual
property rights, are and shall remain with
EarthLink and EarthLink's licensors. You agree
not to translate, decompile, reverse engineer,
disassemble, modify, reproduce, rent, lease,
lend, distribute, remarket or otherwise dispose of
the Licensed Program or any part thereof. You
agree not to remove, obscure or alter any notice
of patent, copyright, trademark, trade secret or
other proprietary right in the Licensed Program.
You may not duplicate the Licensed Program
except to make one (1) copy of the Licensed
Program solely for Your backup purposes. Such
backup copy shall include all copyright and other
proprietary notices contained in or on the original
Licensed Program and shall be subject to all of
the terms of this Agreement.

Section 3. Term; Termination. This Agreement
and the license hereunder shall be effective from
Your first installation or use of the Licensed
Program. This Agreement automatically ends
upon the termination for any reason of the
EarthLink Network Internet Access Agreement
between EarthLink and You. In addition, if
EarthLink in its sole judgment believes that the
Licensed Program is being used by You for a
purpose not approved by EarthLink, that
EarthLink or EarthLink licensors' rights are
being jeopardized or that You are in default
under this Agreement or any other agreement
between You and EarthLink, EarthLink may
immediately terminate this Agreement. Upon
termination or expiration of this Agreement, the
license granted to You hereunder shall
immediately terminate and You shall immediately
cease to use the Licensed Program and destroy
or, at EarthLink's request, return all copies of
the Licensed Program to EarthLink. EarthLink's
right to enforce the provisions of Sections 2-9 of
this Agreement shall survive termination of this
Agreement.

Section 4. Exclusion of Warranties. THE
LICENSED PROGRAM IS LICENSED "AS IS." NO
WARRANTY, REPRESENTATION, CONDITION,
UNDERTAKING OR TERM, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, AS TO
THE CONDITION, QUALITY, DURABILITY,
PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR USE OF THE
LICENSED PROGRAM IS GIVEN OR ASSUMED
BY EARTHLINK, ITS LICENSORS OR ITS
AGENTS AND ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.

Section 5. Limitation of Damages. EARTHLINK,
ITS LICENSORS AND ITS AGENTS SHALL IN NO
EVENT BE LIABLE TO YOU FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, LOST PROFITS,
LOST SAVINGS OR, TO THE EXTENT ALLOWED
BY APPLICABLE LAW, DAMAGES RESULTING
FROM DEATH OR INJURY OF CUSTOMER OR
ANYONE ELSE) ARISING OUT OF OR IN
CONNECTION WITH THE INSTALLATION, USE,
IMPROPER USE, OR INABILITY TO USE THE
LICENSED PROGRAM AND/OR ANY
INFORMATION OBTAINED THROUGH THE USE
OF THE LICENSED PROGRAM, EVEN IF
EARTHLINK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE
EXCLUSIONS OF INCIDENTAL AND
CONSEQUENTIAL DAMAGES MAY NOT APPLY
TO YOU.

Section 6. Export Controls. You may not
download, use or otherwise export or re-export
the Licensed Program or any underlying
information or technology except in full
compliance with all United States and other
applicable laws and regulations. In particular, but
without limitation, neither the Licensed Program
nor any underlying information or technology
may be downloaded, used or otherwise exported
or re-exported (i) into (or to a national or resident
of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods or (ii) to anyone
on the U.S. Treasury Department's list of
specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
By downloading or using the Software, You
represent and warrant that You are not located
in, under the control of or a national or resident
of any such country or on any such list.

Section 7. U.S. Government Restricted Rights.
Use, duplication or disclosure of the Licensed
Program by the United States Government is
subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted
Rights at 48 CFR 52-227.19, as applicable.
Contractor/manufacturer is EarthLink Network,
Inc., 3100 New York Boulevard, Pasadena,
California, 91107.

Section 8. Third Party Beneficiaries. You agree
that EarthLink's licensors including, but not
limited to, Netscape Communications
Corporation, Microsoft Corporation, Apple
Computer, Inc. and Network TeleSystems, Inc.,
are direct and intended third party beneficiaries
of this Agreement. To the extent the software of
other software licensors/providers is included in
the Licensed Program, such software
licensors/providers shall also be deemed third
party beneficiaries of this Agreement.

Section 9. Miscellaneous. The terms of this
Agreement may not be amended or modified by
You. You may not assign its rights or delegate
any of its duties under this Agreement, and any
attempted assignment or delegation shall be void.
If one or more provisions of this Agreement shall
be held to be invalid, illegal, or unenforceable,
the validity, legality, and enforceability of the
remaining provisions shall not be affected or
impaired thereby. This Agreement shall be
governed by the substantive laws of the State of
California, United States of America, excluding (i)
the conflicts of law provisions thereof, and (ii) the
United Nations Convention on Contracts for the
International Sale of Goods. Any tax or duty that
may be due or payable as a result of this
Agreement or the license granted herein shall be
paid by You.

EarthLink Network TotalAccess is a trademark of
EarthLink Network, Inc. EarthLink Network is a
registered trademark of EarthLink Network, Inc.
Microsoft and Windows are registered
trademarks of Microsoft Corporation.
Netscape Navigator is a trademark of the
Netscape Communications Corporation.
Netscape is a registered trademark of Netscape
Communications Corporation.
Eudora-Light is a registered trademark of the
University of Illinois Board of Trustees, licensed
to QUALCOMM Incorporated.

Copyright(c) 1997 EarthLink Network, Inc.