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- PIPELINE(SM) SERVICE AGREEMENT FOR US ACCOUNTS
-
- This agreement (the "Agreement") is by and between Pipeline Inc.,
- an affiliate of PSINet Inc., with its main office at 510 Huntmar
- Park Drive, Herndon, VA 22070 ("Pipeline") and Customer (individual
- user of the Pipeline "Service") for the provision by Pipeline, its
- parent company and its subcontractors, of certain computer networking
- software and the Service as more particularly described below and
- is considered executed upon Customer's usage of the Service and
- related software.
-
- 1. SERVICE DEFINITION. The Service allows individual users to
- facilitate on-line computer communications and services as well as
- direct, interactive TCP/IP data packet access to Pipeline's wide-
- area-network system, PSINet, and the global Internet by using dialup
- IP (Point-to-Point Protocol or PPP) techniques via v.32bis, v.34 and
- ISDN switched services.
-
- 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
- Pipeline, 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,
- Pipeline accepts no responsibility for their authorization.
- 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 Pipeline. A Service session is defined as a
- connection between a Customer's host computer and modem (or access
- device) and a Pipeline modem (or access device) using the public
- switched telephone system (PSTS).
-
- 3. PIPELINE SOFTWARE.
- A. OWNERSHIP. Pipeline retains all rights, title and interest
- in the Pipeline software (the "Software") it provides to Customer
- for use with the Service and PSINet 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,
- reverse engineer 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 TELCO ACCESS. Pipeline shall require local access
- via the PSTS to provide Customer a link to Pipeline at a PSINet
- point-of-presence (POP). A list of the currently available
- PSINet POP access numbers can be retrieved by sending electronic
- mail to 'numbers-info@psi.com'. It is understood that Pipeline
- does not normally own or control the various cable,
- telecommunications or other facilities to which it may require
- access, such as the PSTS, except those specifically identified
- as belonging to Pipeline. 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. Pipeline provides
- no user access security with respect to any Customer facilities
- or facilities of others. Pipeline 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. Customer shall commit to Pipeline through
- their credit card the full Service costs including periodic
- and usage-based Service fees. Service commencement is
- initiated on the basis of the receipt of the validated credit
- card information committing to the appropriate fees. Pipeline
- will then charge Customer's credit card.
- A. ANNIVERSARY DATE. The Service's "Anniversary Date" or
- start date refers to the day in which Pipeline's logs show
- dialup authentication of the Service account. The Anniversary
- Date will determine Customer's billing commencement.
- B. FEE SCHEDULE. The following prices represent current Service
- costs.
-
- Plan A: $5.00 per month for the first five hours of
- usage $1.50 per hour for all additional hours
- (using PSINet's US v.32bis and v.34 numbers)
-
- Plan B: $19.95 per month for unlimited US v.32bis and
- v.34 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 the
- Service for any reason.
-
-
- 6. NO WARRANTIES. To the maximum extent allowed by law, Pipeline
- 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. Pipeline makes no other warranties of any kind,
- whether expressed or implied, including any implied warranty of
- merchantability or fitness of the Service for a particular purpose.
- Pipeline 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
- Pipeline's own negligence or Customer's errors and/or omissions.
-
- Pipeline makes no warranty with respect to any related software
- or hardware used or provided by Pipeline or its parent company
- in connection with the Service. Any patent, trademark, trade
- secret or warranty infringements, whether actual or alleged, are
- the direct responsibility of the manufacturer of said hardware
- or software product. Pipeline 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 shall
- either 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 this Agreement.
-
- 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 PSINet 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 may 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 Pipeline at least thirty (30) days before the
- next payment is to be billed. Customer is also responsible
- to notify Pipeline of any changes in their name, address, etc.
- Termination of the Service will only be accepted in writing
- (including electronic mail) at least thirty (30) days in advance.
- NO OTHER TERMINATION METHODS ARE ACCEPTABLE.
-
- Pipeline can terminate this account at will for any reason it
- determines. Customer specifically waives the right to sue or
- ability to subrogate those rights for any losses. If Pipeline
- terminates the account, it 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 Pipeline
- at P.O. Box 485, Herndon, VA 22070, or faxed to 1.703.904.4200,
- Attn.: Pipeline Account Administration.
-
- 10. GENERAL TERMS. Customer shall not sell, transfer, or
- assign this Agreement without the prior written consent of
- Pipeline. 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 Service Terms - 2/8/96