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Computer Buyer 1996 June
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BUYER_696.iso
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internet
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pipeline
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readme3.tx_
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readme3.tx
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Text File
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1996-02-12
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9KB
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158 lines
PIPELINE(SM) SERVICE AGREEMENT FOR UNITED KINGDOM ACCOUNTS
This agreement (the "Agreement") is by and between Performance Systems
International Limited with its main office at Brookmount Court, Kirkwood
Road, Cambridge CB4 2QH, a subsidiary of PSINet Inc. of Herndon, Virginia,USA
("PSILTD") and Customer (individual user of the Pipeline service) for the
provision by PSILTD or its subcontractors of certain computer networking
software and service as more particularly described below and is considered
executed upon Customer's usage of the Pipeline service.
1. SERVICE DEFINITION. The service (the "Service") is provided by PSILTD
in order for individual users to facilitate on-line computer communications
and services as well as direct, interactive data packet (TCP/IP) access to
PSILTD's wide-area-network system (PSINet) and the global Internet by using
dialup techniques.
2. SERVICE USAGE.
A. COMPLIANCE WITH LAW AND POLICY. Any content or transmission through the
Service in violation of any local, state, country or international laws,
regulations or treaties or accepted Internet policy is prohibited. Any such
violations may be grounds for termination of the Service. Customer agrees
to indemnify and hold harmless PSILTD, its parent or affiliates from any
claims resulting from Customer's use of the Service which damages Customer
or any third party.
B. BEYOND PSINet. Use of other networks sometimes require approval of the
respective network authorities and use will be subject to any acceptable
usage policies such networks may establish. If Customer uses networks other
than PSINet, PSILTD accepts no responsibility for their authorisation.
C. CUSTOMER-ONLY USE. The right to use the Service is strictly limited to
Customer only and does not extend to any other person, corporation or entity.
D. PHYSICAL CONNECTION. No more than one Service connection may be used at
any time with a Service account as paid for by Customer and assigned by
PSILTD. A Service session is defined as a connection between a Customer's
host computer and modem (or access device) and a PSILTD modem (or access
device) using the public switched telephone system (PSTS).
3. PSILTD SOFTWARE.
A. OWNERSHIP. PSILTD retains all rights, title and interest in the
Pipeline software (the "Software") it provides to Customer and PSILTD shall
retain all rights, title and interest in all modifications and derivative
works thereof, and Customer shall not take any action inconsistent with
such title and ownership.
B. INTELLECTUAL PROPERTY PROTECTION. Customer shall not alter or remove
any printed or on-screen copyright, trade secret, proprietary and/or other
legal notices contained on or in copies of the Software.
4. CUSTOMER REQUIREMENTS.
A. LOCAL TELEPHONE COMPANY ACCESS. PSILTD shall require local access (via
the PSTS to provide Customer a link to the Service at a PSILTD
point-of-presence (POP). A list of the currently available PSILTD POP
access numbers can be retrieved by sending electronic mail to
'numbers-info@uk.pipeline.com'. It is understood that PSILTD does not
normally own or control the various cable, telecommunications or other
facilities to which it may provide access such as the PSTS, except those
specifically identified as belonging to PSILTD. Arrangements for use of,
or access to, such facilities must be made with those who own or control
them.
B. CUSTOMER EQUIPMENT AND FACILITIES. Customer is responsible for
providing, operating and maintaining the necessary cabling and computer
software and hardware used for the Service at their site. All local access
installation and dialup costs are the responsibility of Customer. Customer
shall also be responsible for user/access security and network access.
PSILTD provides no user access security with respect to any Customer
facilities or facilities of others. PSILTD will assist in network security
breach detection or identification, but shall not be liable for any
inability, failure or mistake in doing so.
5. SERVICE FEES. For this service, Customer shall commit to PSILTD through
their credit card the full Service costs including periodic Service fees.
Service Commencement is initiated on the basis of the receipt of the
validated credit card information. PSILTD will then charge Customer's credit
card.
A. ANNIVERSARY DATE. The Service's "Anniversary Date" refers to the day
in which PSILTD's logs show dialup authentication of the Service account.
The Anniversary Date will determine Customer's billing commencement.
B. FEE SCHEDULE. The following price represents current Service costs.
£9.95 per month for unlimited usage each month (Continuing price effective
through December 31, 1996.)
C. USAGE AND NUMBERS. Usage is measured in one (1) minute increments
rounded upwards.
D. NO PRORATION OF FEES. No proration of fees beyond monthly increments
is available to Customer upon termination of this service for any reason.
6. NO WARRANTIES. To the maximum extent allowed by law, PSILTD and its
parent company, affiliates and subcontractors do not warrant any connection
to, transmission over, nor results or use of, any network connection or
facilities provided (or failed to be provided) through the Service.
Customer is responsible for assessing its own computer and transmission
network needs, and the results to be obtained therefrom. PSILTD makes no
warranties of any kind, whether expressed or implied, including any implied
warranty of merchantability or fitness of the Service for a particular
purpose. PSILTD assumes no responsibility for any damages suffered by
Customer, including, but not limited to, loss of data from delays,
nondeliveries ,misdeliveries, or Service interruptions caused by PSILTD's
own negligence or Customer's errors and/or omissions.PSILTD makes no warranty
with respect to any related software or hardware used or provided by PSILTD
in connection with the Service. Any patent, trademark, trade secret or
warrant yinfringements, whether actual or alleged, are the direct
responsibility of the manufacturer of said hardware or software product.
PSILTD assumes no responsibility for any actions or liabilities arising from
the possession or use of these software or hardware products.
7. LIMITATION OF LIABILITY. To the maximum extent permitted by law,
neither party shall be liable to the other for any loss,damage, liability,
claim or expense arising out of or in relation to this Agreement or the
provision of the Service or Software,however caused, whether grounded in
contract, tort (including negligence) or theory of strict liability.
In no event shal leither party be liable for any loss of data or profits
through use of the Software or Service, or for any special, incidental,
indirect, punitive or other consequential damages arising out of or in
relation to the Service.
8. TERM/EXTENSION/TERMINATION. This Agreement shall extend from the initial
Anniversary Date for one month and shall continue month-by-month based upon
Customer's use of the Service. Customer shall remain responsible for all
fees for any Service usage.Customer must provide PSILTD with all the credit
card information required and the credit card must remain valid for each
monthly Service amount assessed. Non-approval to charge Customer's credit
card at any time during the Service will cause an administrative fee to be
levied and may result in the termination of the Service.Should a different
credit card be required to pay Service fees,Customer must submit this
information to PSILTD thirty (30) days before the next payment is to be
billed. Customer is also responsible to notify PSILTD of any changes in
their name, address,etc. Termination of the Service will only be accepted
in writing (including electronic mail) thirty (30) days in advance. NO OTHER
TERMINATION METHODS WILL BE ACCEPTED .PSILTD may terminate this account at
will for any reason it solely determines. Customer specifically waives the
right to sue or ability to subrogate those rights for any losses. If PSILTD
terminates the account, PSILTD will refund any unused portion of the Service
(which in this case will be prorated per day).
9. NOTICES. All notices given by Customer or required under this Agreement
shall be in writing and addressed to Performance Systems International
Limited, Brookmount Court, Kirkwood Road, Cambridge, CB4 2QH,
Fax: (01223) 506577, Attn.: Pipeline Account Administration.
10. GENERAL TERMS. Customer shall not sell, transfer, or assign this
Agreement without the prior written consent of PSILTD. Any act in derogation
of the foregoing shall be null and void; provided, however, that any such
assignment shall not relieve Customer of their obligations under this
Agreement. If any provision of this Agreement is held by a court of
competent jurisdiction to be contrary to law,the remaining provisions of
this Agreement will remain in full force and effect. This Agreement
represents the complete agreement and understanding of the parties with
respect to the subject matter herein,and supersedes any other agreement or
understanding, written or oral.
Pipeline UK Service Terms - 7/2/96