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- PC PURSUIT
- TERMS AND CONDITIONS
-
- THESE TERMS AND CONDITIONS GOVERN YOUR USE OF TELENET'S PC PURSUIT ACCESS
- SERVICE.
-
- 1. PC PURSUIT
-
- (A) The PC Pursuit access service allows you to use Telenet's Public
- Data Network 24 hours a day to access any database or bulletin board
- system which is accessible via the PC Pursuit network.
-
- (B) You agree to access and use these databases and bulletin boards only
- in the manner permitted by them. Telenet is not liable or responsible
- for any claim or other action against you by any third party, including
- the owner of the databases or bulletin boards that you are not
- authorized to access, or that you use in an unauthorized manner. You
- agree to indemnify Telenet against any claim or other action taken
- against Telenet by a third party based on your unauthorized use or
- access to any database or bulletin board.
-
- 2. COST OF PC PURSUIT
-
- (A) There is a one-time registration fee of Twenty-five Dollars ($25)
- for PC Pursuit.
-
- (B) You will be billed $25 a month by Telenet for each month that you
- have PC Pursuit access service. This flat rate entitles you to use PC
- Pursuit between the hours of 6:00 PM and 7:00 AM, prevailing local
- time, Monday through Thursday and from 6:00 PM Friday to 7:00 AM
- Monday, and all day New Years's Day, July 4th, Labor Day, Thanksgiving,
- and Christmas. There will be no other charge to you by Telenet for
- using PC Pursuit during these hours.
-
- (C) If you use PC Pursuit between 7:00 AM and 6:00 PM, prevailing local
- time, Monday through Friday, you will be billed for your actual connect
- time and your kilopacket per hour of use in excess of 1.2 kilopackets
- per hour. Any kilopackets in excess of that amount will be billed at
- $1.70 per kilopacket/hour. (A packet has a billable length of up to 128
- characters.) The cost of connect time is based on whether you are
- calling from a Class A Service location which will be billed at $10.50
- per hour of connect time, or from a Class B or C service location which
- will be billed at $14 per hour. Service location classifications are
- determined by the Telenet network access center sizes, with the larger
- cities generally being Class A service locations. A full listing of
- Class A, B, or C service locations is included under separate cover.
- There is a minimum charge period of two minutes for each connection.
-
- (D) There will be a $5.00 fee for issuing a new ID/password to replace
- your original one.
-
- (E) The registration fee and your monthly fee will be billed to the VISA
- or MasterCard account that you provided to Telenet when you signed up
- for PC Pursuit. Your use of PC Pursuit is subject to approval of your
- credit card.
-
- (F) There may be charges to you for the use of databases or bulletin
- boards to which you gain access through PC Pursuit. These charges, if
- any, will be billed to you by those databases or bulletin boards, and
- not by Telenet.
-
- 3. HARDWARE
-
- To use PC Pursuit, you must have a modem and a computer or
- terminal. You are responsible for obtaining the appropriate
- equipment and for maintaining it. Telenet is not responsible for
- the proper functioning of your equipment.
-
- 4. TERMS OF AGREEMENT
-
- This Agreement will be effective from the date you are assigned an
- ID/password by Telenet. You may cancel your use of PC Pursuit and
- terminate this Agreement by giving Telenet thirty (30) days written
- notice.
-
- Telenet shall have the right to terminate your use of PC Pursuit
- immediately and without prior notice to you in the event that,
-
- (A) Telenet has been notified that your credit card has been
- suspended or revoked, or
-
- (B) you have used PC Pursuit in a fashion injurious to other PC
- Pursuit customers or Telenet customers, or
-
- (C) you have violated any of Telenet's rules and regulations, or
-
- (D) you have assigned or transferred your ID/password to another,
- or
-
- (E) you have resold or attempted to resell or further distribute PC
- Pursuit access services.
-
- 5. USE OF PC PURSUIT ACCESS SERVICE
-
- (A) YOU ARE RESPONSIBLE FOR ALL CHARGES TO YOUR ACCOUNT, including
- charges incurred by third parties who have gained unauthorized
- access to your ID/password. Telenet will change your ID/password
- immediately upon receipt of notification of unauthorized use.
-
- (B) You agree that only ONE CONNECTION AT A TIME PER ID IS ALLOWED
- ON PC PURSUIT. Violation of this condition will result in immediate
- termination of your account.
-
- (C) PC Pursuit access services are furnished to you under the
- condition that you will not abuse them or fraudulently use them.
-
- (D) The services furnished under this Agreement shall not be used
- in any way which would be a violation of any law or which would
- assist anyone in the violation of any law.
-
- 6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES; INDEMNIFICATION
-
- Telenet makes no warranties of any nature or kind, whether
- expressed or implied for the service provided by Telenet or its
- equipment, facilities, or capacities. TELENET SPECIFICALLY
- DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- SPECIFIC PURPOSE. Telenet shall not be responsible for any damage
- you suffer, whether it is caused be mistake, omission,
- interruption, deletion of files, errors, defects, delays in
- operation or transmission, failure of performance, negligence, or
- otherwise.
-
- You agree to indemnify and hold Telenet harmless against any claim
- arising from your use of your ID/password which causes damage to
- any other party.
-
- The information appearing in the bulletin boards and databases is
- provided by persons who are not affiliated with Telenet. You use
- this information at your own risk. If you provide information to
- others, you agree to indemnify and hold Telenet harmless from all
- claims with respect to the information provided. Telenet reserves
- the right to prohibit access to any bulletin board.
-
- THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
- EXPRESSED OR IMPLIED, FOR THE PC PURSUIT ACCESS SERVICE.
-
- 7. OTHER PROVISIONS
-
- (A) Telenet is not responsible for any loss, including loss of data
- resulting from delays or interruption, due to mechanical or
- communications defects or outages, or trouble due to fires, storms,
- strikes or other labor interruptions, acts of God, power shortages
- or outages.
-
- (B) If any part of this agreement is held by a court to be
- unenforceable for any reason, the remaining parts of this Agreement
- will remain in full force or effect.
-
- (C) This Agreement contains the entire Agreement between you and
- Telenet relating to the use of PC Pursuit.
-
- (D) [This item is missing from the original printed copy of the
- PC Pursuit Terms and Conditions]
-
- (E) This Agreement will be governed by the laws of the Commonwealth
- of Virginia.
-
- (F) All notices pertaining to this Agreement and your use of PC
- Pursuit must be in writing and must be sent, postage prepaid, to
- the following address:
-
- Telenet Communication Corporation
- 12490 Sunrise Valley Drive
- Reston, VA 22096
- Attention: Telemarketing
-
- (G) Questions regarding PC Pursuit can be directed to a Telenet
- representative at 1-800-/TELENET (835-3638) from 8 AM to 5 PM
- Monday through Friday (Eastern Standard Time).
-
-
- 9/86 A-FM35-0055
-