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TERMS.TXT
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1995-11-29
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** Current as of September 1995 **
COMPUSERVE ONLINE INFORMATION SERVICE AGREEMENT TERMS
1. The CompuServe Information Service (the "Service") consists
of computing and information services and software,
information and other content provided by CompuServe
Incorporated ("CompuServe"), as well as access to services,
software, information and other content provided by third
parties (collectively, "Third Party Content"). These terms
and any Operating Rules published over the Service constitute
the entire and only agreement (collectively, the "Service
Agreement") between CompuServe and member (one who has an
account with CompuServe for the Service), including member's
designated users with respect to the Service and supersede
all other communications and agreements with regard to the
subject matter hereof.
2. Upon notice published over the Service, CompuServe may modify
this Service Agreement, (including the Operating Rules) or
prices, and may discontinue or revise any or all other
aspects of the Service in its sole discretion and without
prior notice.
3. Unless otherwise agreed, member's right to use the Service or
to designate users is not transferable and is subject to any
limits established by CompuServe, or by member's credit card
company if billing is through a credit card.
4. Member agrees to indemnify CompuServe against liability for
any and all use of member's account.
5. Member is responsible for and must provide all telephone and
other equipment and services necessary to access the Service.
6. Member shall pay, in accordance with the provisions of the
Billing Option selected by member, any registration or
monthly fees, connect time charges, minimum charges and other
charges incurred by member 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. Member shall pay all applicable taxes
related to use of the Service by member or its designated
users. Information on connect time charges and surcharges
(if any) that are incurred by a member will be made available
to the member online. Although certain areas of the Service
may be designated as free of charge, member acknowledges that
CompuServe incurs substantial costs in maintaining these
areas. Accordingly, if in CompuServe's judgment the member's
account reflects an excessive number of hours in such areas,
CompuServe reserves the right to charge for such excess (at
normal connect time rates).
Member shall be responsible for all use of the Service
accessed through member's or its designated users'
password(s). For example, member may allow individuals in
its household to use the Service through member's account.
Member acknowledges that member is aware that areas
accessible on or through the Service may contain material
that is unsuitable for minors(persons under 18 years of
age). Member agrees to supervise usage of the Service by
minors whom member permits to use the Service.
7. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
MEMBER'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 OTHERWISE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS SERVICE AGREEMENT. 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. MEMBER EXPRESSLY ACKNOWLEDGES THAT THE
PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD
PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE
SERVICE. MEMBER AGREES THAT IT WILL NOT IN ANY WAY HOLD
COMPUSERVE RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR
THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE
SERVICE (INCLUDING THOSE WITH WHOM COMPUSERVE CONTRACTS TO
OPERATE VARIOUS AREAS ON THE SERVICE).
8. Except as expressly permitted in the Operating Rules, neither
member nor its designated users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially
exploit, any information, software or other content which
they receive through the Service.
9. The provisions of paragraphs 4, 7 and 8 are for the benefit
of CompuServe and its respective contractors, information
providers, licensors, employees, and agents; and each shall
have the right to assert and enforce such provisions directly
on its own behalf.
10. Subject to the terms of this Service Agreement, CompuServe
grants to member a personal, non-exclusive, nonassignable and
nontransferable license to use and display the CompuServe
Information Manager software ("Software") on any machine(s)
of which member is the primary user. Unauthorized copying of
the Software, including software that has been modified,
merged or included with the Software, or the written
materials associated therewith is expressly forbidden. Member
may not sublicense, assign or transfer this license or the
Software except as permitted by CompuServe. Any attempt to
sublicense, assign or transfer any of the rights, duties or
obligations under this license is void.
11. This Service Agreement is made in Ohio, and shall be governed
by and construed in accordance with the laws of the United
States of America and of the State of Ohio. Any cause of
action of member 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.
12. If Member's account is a qualified business account and
approved by CompuServe for corporate billing, charges for the
services provided under this Service 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 member 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
member, (a) suspend its performance under this Service
Agreement and the member's and its designated users' access to
and use of the Service, or (b) terminate this Service
Agreement and member's and its designated users' access to and
the use of the Service. For accounts not approved by
CompuServe for corporate billing, me