Cream of the Crop 22/Cream of the Crop 22.iso/comm/juno.zip/JUNO.1/TOS.TXT

Text File | 1996-06-24 | 13KB | 291 lines

Juno Online Services, L.P.

Service Agreement


Please read this agreement carefully.


The Juno online service (the ``Service'') is operated by
Juno Online Services, L.P. (``Juno LP'') and consists of
computer online, interactive information, communication and
transaction services provided by Juno LP.


1.1.  This Service Agreement, and any further amendments to
this Service Agreement made in writing by Juno LP or
disseminated by Juno LP on the Service, shall constitute
the entire agreement (the ``Agreement'') between Juno LP
and you with respect to the Service and shall supersede all
other communications and agreements with regard to the
Service and the other matters covered by this Service
Agreement.  Other parties who are granted rights and
protections under this Service Agreement are third party
beneficiaries of this Service Agreement.


1.2.  By completing the enrollment process to become a
member of the Service and by using the Service and any
software Juno LP provides to you (``Juno Software'') other
than to read this Service Agreement, you agree to be bound
and to abide by the Agreement as if you had signed this
Service Agreement.  Juno LP, in its sole discretion and
from time to time, may amend the Agreement by notice to
you. Each use by you of the Service reaffirms your
agreement to be bound and to abide by the Agreement as
amended.  If you do not wish to be bound by the Agreement,
you may continue to use neither the Service nor any
software provided to you by Juno LP, and you shall
immediately terminate your account with the Service as set
forth below.


1.3.  Juno LP may discontinue or alter any aspect of the
Service at any time, without notice, without liability and
in Juno LP's sole discretion.


2.1.  You agree to provide Juno LP with accurate, current
and complete information (``Member Registration
Information'') for your registration as a member of the
Service and to maintain and update this information as
required to keep it accurate, current and complete.


2.2.  You are responsible and liable for any activity by
any person who uses your account with the Service. Other
users of your account shall be bound by the Agreement under
Section 1.2 as if they were you. You are responsible for
maintaining the confidentiality of your password and for
any liability resulting from disclosure of your
password. You agree that, upon becoming aware that your
password or account is (or possibly is) being used without
authorization, you will immediately notify Juno LP.


2.3.  You are responsible for obtaining and maintaining the
equipment and telephone services necessary to access and
use the Service and for any telephone charges associated
with connecting to the Service.


3.1.  You acknowledge that the Service and the Juno
Software contains proprietary and confidential information.
You agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service
or the Juno Software, in whole or in part.


3.2.  Juno LP (acting for D. E. Shaw & Co.,
L.P. (``DESCO'')) grants to you a limited license to use
Juno Software under the terms and conditions set forth in
this Service Agreement.  All Juno Software provided to you
is licensed, not sold, to you by Juno LP (acting for DESCO)
and may be used only to connect to the Service from the
United States of America and such other locations as Juno
LP may authorize.  Juno LP (acting for DESCO) grants to you
a personal, non-transferable and non-exclusive right to
use, in object code form only, each copy of Juno Software
on your personal computers and other processors for use of
the Service by your account.  You are permitted to copy and
archive Juno Software, as well as to distribute to third
parties such copies as you make of the Juno Software,
provided that all such copies contain the same copyright
notice and proprietary markings as are on the original Juno
Software; and provided further that you do not sell or
otherwise dispose of any copy for compensation.  You agree
not to translate, reverse engineer, reverse compile,
disassemble or make derivative works from Juno Software.
You agree not to modify Juno Software in any manner or
form, or to use modified versions of the Juno Software
including (without limitation) for the purpose of obtaining
unauthorized access to the Juno Service.  You agree not to
access the Service by any means other than through the
interface that is provided by Juno LP for use in accessing
the Service.  You may neither sublicense Juno Software, nor
sublicense or assign the license granted under this
Agreement, without prior written authorization from Juno
LP.


3.3.  You acknowledge that content appearing on the Service
may be protected by copyrights, trademarks or other
proprietary or personal rights and that your use of such
content will be governed by the laws which create those
rights and provide for their enforcement.  You agree that
you shall not resell the Service or use the Service for any
commercial solicitation without the prior written consent
of Juno LP.  You agree that you shall not, for a commercial
purpose, upload, transmit, reproduce, distribute or
participate in the transfer or sale, or in any way exploit,
any content obtained through the Service. You agree that
you may not use the Service to disseminate any e-mail
message in a broad-based mailing (that is, a single message
sent through the Service directly to more than 100 e-mail
addresses simultaneously) without the prior written
permission of Juno LP.


3.4.  You agree that you will comply with all laws
applicable to your use of the Service. You agree that you
will not transmit on the Service any harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, profane,
hateful or other offensive material of any kind.  You agree
to comply with any operating rules provided or made
available to you from time to time by Juno LP.  Juno LP
retains the right at any time to refuse or discontinue the
use of any user name selected by you.  You agree that you
will not interfere with any other person's use and
enjoyment of the Service or any other online service.


4.1.  Juno LP, in its sole discretion, may monitor the
public areas (for example, public mailing lists permitted
on the Service) on the Service (whether currently existing
or created in the future) and may use or disclose any
information from such areas or related records consistent
with any law, regulation or governmental request; to
operate the Service; to protect members or other users; or
to ensure compliance by members or other users with their
agreements with Juno LP.  Juno LP shall not intentionally
monitor or disclose any private e-mail message but Juno LP
retains the right to do so to the extent permitted or
required by law.  You agree that Juno LP may archive and
make use of information relating to your use of the Service
(including without limitation information relating to the
frequency of your usage of the Service and information
relating to the display of any advertisements transmitted
to you).  You agree that Juno LP, in its sole discretion,
may use Member Registration Information and other
information provided by you or relating to your use of the
Service to facilitate the distribution of information to
you by others and for other purposes deemed appropriate by
Juno LP in its sole discretion, and may distribute any of
such information to others in its sole discretion.


4.2 You expressly permit and authorize Juno LP to furnish
you, electronically or by any other means selected by Juno
LP, information prepared by Juno LP or by other entities,
including advertising information and solicitations.  You
acknowledge that advertisements and solicitiations are an
inseparable part of the Service; accordingly, you
understand and agree that such advertisements and
solicitations cannot be terminated unless the Service is
also terminated.


5.1.  WITH RESPECT TO INFORMATION, GOODS AND SERVICES
PROVIDED ON OR THROUGH THE SERVICE, JUNO LP (I) HAS NO
RESPONSIBILITY OR OBLIGATION WITH RESPECT TO (AND DOES NOT
ENDORSE) ANY INFORMATION, GOOD OR SERVICE, (II) MAKES NO
WARRANTIES WHATSOEVER (EXPRESS OR IMPLIED) WITH REGARD TO
ANY INFORMATION, GOOD OR SERVICE (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF ACCURACY, COMPLETENESS,
USEFULNESS, MERCHANTABILITY, SAFETY OR FITNESS FOR A
PARTICULAR PURPOSE) , (III) SHALL NOT BE A PARTY TO A
TRANSACTION BETWEEN YOU AND ANY USER OF THE SERVICE AND
(IV) SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCE, FOR ANY
LOSS, COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM
ANY ACT OR OMISSION OF ANY PERSON OR FROM ANY INFORMATION,
GOOD OR SERVICE.  Juno LP is a distributor (and not a
publisher) of information disseminated by persons using the
Service.


5.2.  YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE
RISK. NEITHER JUNO LP NOR ITS EMPLOYEES, AFFILIATES,
AGENTS, REPRESENTATIVES, LICENSORS AND AUTHORIZED USERS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE.  THE SERVICE
AND ANY SOFTWARE PROVIDED TO YOU IN CONNECTION WITH THE
SERVICE (``JUNO SOFTWARE'') IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER
EXPRESSED OR IMPLIED), INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO
ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION
PROVIDED BY JUNO LP, ITS EMPLOYEES, AFFILIATES, AGENTS,
REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS SHALL CREATE
A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH ADVICE OR
INFORMATION.


5.3.  UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL
JUNO LP OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SERVICE OR RELATED SOFTWARE, BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE.


5.4.  You agree that the entire liability of Juno LP and of
D. E. Shaw Development, L.P. (``Shaw Development'') and
DESCO, which are affiliates of Juno LP, and your exclusive
remedy with respect to the use of Juno Software, shall be
the replacement of any diskette deemed by Juno LP to be
defective.


5.5.  You agree that any obligation or liability of Juno LP
(or Shaw Development or DESCO) arising under (or relating
to) the Agreement shall be without recourse to any partner
of Juno LP, Shaw Development or DESCO, any controlling
person of the foregoing or any successor to any such
partner or person, and no such partner, controlling person
or successor shall have any liability in such capacity for
the obligations or liabilities of Juno LP, Shaw Development
or DESCO.


6.1.  You agree to indemnify Juno LP and its affiliates
against liability arising from any use of the Service
(including, without limitation, your dissemination of any
information on the Service).


6.2.  Either you or Juno LP may terminate your access to
the Service and your account at any time, for cause or for
no cause and upon written (including electronic) notice.
Your only right with respect to any dissatisfaction with
the Agreement or any terms, policies, or practices of Juno
LP in operating the Service; any content available through
the Juno Service; or any change to any of the foregoing, is
to terminate your account.


6.3 Upon termination, you agree that (1) you shall
immediately return any Juno Software (unless otherwise
directed by Juno LP), (2) you shall have no right to access
any stored content on the Service (and any such content
will be forfeited), (3) Juno LP shall have no obligation to
notify (and shall have no responsibility for the failure to
notify) any person and (4) the license granted to you to
use Juno Software shall immediately be terminated.


6.4.  The failure of either party to insist upon or enforce
strict performance by the other party of any provision of
the Agreement shall not be construed as a waiver of any
provision or right.  Neither the course of conduct between
parties nor trade practice shall act to modify any
provision of the Agreement.


6.5.  The Agreement and its enforcement shall be governed
by, and construed in accordance with, the laws of the State
of New York, without regard to conflicts-of-law principles.
Each party irrevocably consents to the exclusive
jurisdiction of the courts of the State of New York and the
federal courts situated in the State of New York in
connection with any action arising under the Agreement or
relating to the Service or Juno Software.  Any cause of
action brought by or on behalf of you with respect to this
Agreement, the Service or Juno Software must be commenced
within one year after the claim or cause of action arose.