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- SiriusNet Access Kit and Internet Connection Service Usage License
-
- Version 7/95 - SIRIUSNET
-
- ----------------------------------------
-
- Please read this document thoroughly.
-
- USE OF THE ENCLOSED SOFTWARE INDICATES THAT YOU ACCEPT ALL OF THE TERMS AND
- CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
- AGREEMENT, DO NOT USE THE ENCLOSED SOFTWARE.
-
- This software agreement is between you the end user of the software and
- NetLink, Ltd. "NetLink" and its software suppliers - Spyglass, Inc., and
- Network Telesystems, Inc. "Suppliers"
-
- 1. Definition of Software. In this Agreement, "Software" shall mean the
- executable software programs and associated documentation and files in this
- package, and any modified version, upgrades and other copies of such
- programs and files provided to you by NetLink or one of its Suppliers.
-
- 2. Scope of Use. You may use the Software only in conjunction with the
- Concentric Internet Service. USE OF THIS SOFTWARE WITH ANY INTERNET
- NETWORK SERVICE PROVIDER OTHER THAN CONCENTRIC IS PROHIBITED. YOU MAY NOT
- ASSIGN YOUR RIGHTS UNDER THIS AGREEMENT TO ANY THIRD PARTY.
-
-
- 3. Proprietary Rights. You acknowledge that the structure and
- organization of the Software is the valuable trade secret of NetLink and/or
- its Suppliers and is licensed to you on a non-exclusive basis. You agree
- to hold such trade secrets in confidence. You further agree not to
- translate, disassemble, decompile, or reverse engineer the Software, in
- whole or in part.
-
- 4. Release of Information. You agree that, unless otherwise notified in
- writing, NetLink may release your name, address and telephone number,
- obtained by NetLink as part of your registration process, to third parties
- directly involved with the publication, distribution or sale of the
- Software.
-
- 5. No Other Rights. NetLink and/or its Suppliers retain title and
- ownership of the Software recorded on the original diskette copies and all
- subsequent copies of the Software, regardless of the form or media in or on
- which the original and other copies may exist. Except as stated above,
- this Agreement does not grant you any rights to patents, copyrights, trade
- secrets, trademarks or other rights in respect of the Software and
- Documentation.
-
- 6. Term. The license is effective until terminated. NetLink has the
- right to terminate your license immediately if you fail to comply with any
- term of this Agreement. Upon any such termination you must destroy the
- original and any copies of the Software and Documentation.
-
- 7. Limited Warranty. (a) NetLink warrants to you that the Software will
- perform substantially in accordance with the enclosed documentation for a
- period of ninety (90) days after delivery to you. If the Software fails to
- comply with this warranty, NetLink may, at its option, replace the Software
- either by mail or electronic means. You must report all defects within
- such period to NetLink to be eligible for this warranty service.(b)
- NETLINK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
- OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE
- SOLE AND EXCLUSIVE REMEDIES NETLINK WILL PROVIDE FOR BREACH OF WARRANTY.
- EXCEPT FOR THE FOREGOING LIMITED WARRANTY, NETLINK MAKES NO WARRANTIES
- EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
- MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. (d) Some states
- or provinces do not allow the exclusion of implied warranties or
- limitations on how long an implied warranty may last, so the above
- limitations may not apply to you. This warranty gives you specific legal
- rights. You may have other rights which vary from state to state or
- province to province.
-
- 8. Limit of Liability. (a) IN NO EVENT WILL NETLINK OR ITS SUPPLIERS BE
- LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY
- LOST PROFITS OR LOST SAVINGS, EVEN IF A NETLINK REPRESENTATIVE HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY.
- (b) Some states do not allow the exclusion or limitation of incidental or
- consequential damages, so the above limitation or exclusion may not apply
- to you.
-
- 9. Choice of Law. This Agreement will be governed by the laws in force in
- the State of Texas.
-
- 10. Integration. You acknowledge that you have read this Agreement,
- understand it and that it is the complete and exclusive statement of your
- agreement with NetLink which supersedes any prior agreement, oral or
- written, between NetLink and you. No variation of the terms of this
- Agreement will be enforceable against NetLink unless NetLink gives its
- express consent, in writing signed by an officer of NetLink.
-
- 11. Notice to Government End Users. If this software is acquired by or on
- behalf of any unit or agency of the United States Government, this
- provision applies. This software (a) was developed at private expense, and
- no part of it was developed with government funds, (b) is a trade secret of
- NetLink for all purposes of the Freedom of Information Act, (c) is
- "restricted computer software" submitted with restricted rights in
- accordance with 52.227-19 (a) through (d) of the Commercial Computer
- Software-Restricted Rights Clause and its successors and as expressly
- stated in NetLink's standard commercial agreement incorporated into the
- contract or P.O. between NetLink and the government entity, (d) in all
- respects is proprietary data belonging solely to NetLink, and (e) is
- unpublished and all rights are reserved under the copyright laws of the
- United States.
-
- For units of the Department of Defense (DoD), this software is licensed
- only with "Restricted Rights" as that term is defined in the DoD Supplement
- to the Federal Acquisition Regulations, 52.227-7013(c)(1)(ii) and its
- successors and: Use, duplication or disclosure by the Government is
- subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
- Rights in Technical Data and Computer Software clause at 252.227-7013.
-
- If this software was acquired under a GSA Schedule, the Government has
- agreed to refrain from changing or removing any insignia or lettering from
- the software or the documentation that is provided or from producing copies
- of manuals or media (except for backup purposes in accordance with the
- terms hereof) and:
-
- (1) Title to and ownership of this software and documentation or any
- reproduction thereof shall remain with NetLink and/or its suppliers; (2)
- Use of this software and documentation shall be limited to the facility for
- which it is acquired; and (3) If the use of this software is discontinued
- at the installation specified in the purchase/delivery order and the
- Government desires to use it at another location, it may do so by giving
- prior written notice to NetLink, specifying the type of equipment and new
- location site.
-
- Government users other than under a DoD contract or GSA schedule are hereby
- notified that use of this software is subject to restrictions that are the
- same as or similar to those set forth above.
-
- ------------------------------
-
- As a Internet Access Kit user, your Internet service is provided by
- Concentric Research Corporation. The following network Terms of Service is
- between you the end user and Concentric Research Corporation.
-
- YOU UNDERSTAND THAT THE INTERNET SERVICE PROVIDED IS A PRODUCT AND SERVICE
- OF CONCENTRIC RESEARCH CORPORATION. NETLINK DOES NOT WARRANT THE
- PERFORMANCE OF THE NETWORK SERVICE, NOR DOES IT ASSUME ANY RESPONSIBILITY
- PERTAINING TO THE NETWORK SERVICE, INCLUDING, BUT NOT LIMITED TO,
- PERFORMANCE, FEES, SERVICE CHARGES, CONTENT OR CONFIDENTIALITY.
-
- ------------------------------
-
- SIRIUSNET OPERATING RULES
-
- SiriusNet (or the "Service") consists of computing and information services
- and software, information and other content provided by Sirius Publishing
- Inc. ("SPI") and Concentric Research Corporation ("CRC"). In addition,
- third parties provide information, software, and other content
- (collectively, "Third Party Content") which may be accessed over the
- Service. These Operating Rules are provided to make online information
- usage and communications a positive and secure experience for subscribers.
-
- BY REGISTERING FOR SIRIUSNET, OR USING THE SERVICE YOU BECOME A SUBSCRIBER,
- AND AGREE TO THE TERMS OF THE OPERATING RULES AGREEMENT THAT FOLLOWS
- (COLLECTIVELY, TERMS OF SERVICE) WHICH INCLUDES THE SOFTWARE LICENSE AND
- DISCLAIMER OF WARRANTY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE
- PLEASE DO NOT REGISTER FOR SIRIUSNET, OR USE THE SIRIUSNET GRAPHICAL USER
- INTERFACE. THE USE OF SIRIUSNET IS LICENSED, NOT SOLD , TO YOU FOR USE
- ONLY UNDER THE TERMS OF THE LICENSE CONTAINED HEREIN, AND SPI AND CRC
- RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED TO YOU , ALL PROVISIONS OF THE
- TERMS OF SERVICE APPLY TO ALL ACCOUNTS, SUB-ACCOUNTS AND ALTERNATE USER
- ID'S ASSOCIATED WITH THE SUBSCRIBER'S PRINCIPAL ACCOUNT. EACH SUBSCRIBER
- IS RESPONSIBLE FOR USE OF HIS OR HER ACCOUNT(S) UNDER ANY USER ID ON THAT
- ACCOUNT, AND FOR ENSURING. EACH SUBSCRIBER IS RESPONSIBLE FOR THE USE OF
- HIS OR HER ACCOUNT(S) UNDER ANY USER ID ON THAT ACCOUNT, AND FOR ENSURING
- FULL COMPLIANCE BY THE USER OF THAT ACCOUNT WITH THE TERMS OF SERVICE.
-
- SPI has the right to engage a network service provider for SiriusNet other
- than CRC under certain circumstances. Such a change may result in the
- adoption of new Terms of Service for SiriusNet. Subscribers who continue
- to use SiriusNet after receiving notification of the adoption of new Terms
- of Service shall be deemed to have agreed to be bound by those new Terms of
- Service.
-
- INTRODUCTION These Operating Rules are part of the terms of your Service
- Agreement with CRC, and you are bound by them. CRC may modify these rules
- at any time without notice to subscriber.
-
- CRC COPYRIGHT The entire contents of the Service are copyrighted as a
- collective work under the United States Copyright laws. The copying,
- redistribution, or publication of any part of the Service is prohibited,
- except as expressly provided below.
-
- Each subscriber who places information, software or other content, in the
- public areas of the Service grants CRC the right to edit, copy, publish,
- distribute, and translate such information, software or other content.
- Subject to this grant, each subscriber who places information, software or
- other content on the Service retains any rights subscriber may have in such
- information, software or other content.
-
- COPYRIGHTED MATERIAL Copyrighted material must not be placed on the Service
- without the permission of the owner(s) or person(s) they specifically
- authorize. Only the owner(s) or such authorized person(s) may upload
- copyrighted material to the Service.
-
- Subscribers may download copyrighted material for their own use. Except as
- expressly provided by copyright law, copying, redistribution, or
- publication must be with the express permission of CRC and the owner(s) or
- such authorized person(s), if other than CRC. Permission must be specified
- in the document, on the Service, or must be obtained directly from CRC and
- the owner(s) or such authorized persons(s), if other than CRC. In any
- copying, redistribution, or publication of copyrighted material, any
- changes to or deletion of author attribution or copyright notice are
- prohibited.
-
- PUBLIC DOMAIN MATERIAL Any subscriber may upload public domain programs to
- the Service. Any subscriber may download public domain programs for their
- own use or non-commercially redistribute a public domain program.
- Subscriber assumes all risks regarding the determination of whether a
- program is in the public domain.
-
- CONTENT & USES OF THE SERVICE Subscriber agrees not to publish on or over
- the Service any information, software or other content which violates or
- infringes upon the rights of any others or which would be abusive, profane
- or sexually offensive to an average person, or which, without the approval
- of CRC, contains any advertising or any solicitation of other subscribers
- to use goods or services. This paragraph, however, shall not be
- interpreted to restrict subscriber from utilizing CRC Email in the conduct
- of a legitimate business except that subscriber may not, without the
- approval of CRC, send unsolicited advertising or promotional material to
- other CRC subscribers.
-
- Subscriber agrees not to use the facilities and capabilities of the Service
- to conduct any business or activity or solicit the performance of any
- activity which is prohibited by law or to solicit subscribers to become
- subscribers of other competitive information services.
-
- EDITING AND DELETING CONTENT CRC reserves the right in its sole discretion
- to edit or delete any information, software or other content appearing on
- the Service, regardless of whether it violates the standards for content.
-
- SERVICE TERMINATION CRC reserves the right in its sole discretion to
- suspend or terminate Service to any subscriber at any time for any reason
- whatsoever without recourse from subscriber.
-
- INDEMNIFICATION Subscriber agrees to indemnify and hold SPI and CRC
- harmless from any claims and expenses, including reasonable attorney's
- fees, related to subscriber's violation of the Terms of Service, including
- these rules or any information, software or other content placed on the
- Service by the subscriber.
-
- STANDARD PRICING PLAN Multiple subscribers of the same household may share
- a single User ID. However, only one person is authorized to access the
- Service at any given time on one User ID.
-
- Subscriber agrees that the flat price structure is offered to accommodate
- normal nonbusiness, noncommercial needs of the individual user. In the
- event that a subscriber's usage of the Service is deemed excessive in any
- 30 day period, or CRC determines that the subscriber is utilizing the
- Service for business or commercial purposes, CRC may require a subscriber
- to pay for the Service based upon an hourly rate for subsequent use of the
- Service.
-
- COMPILATION COPYRIGHT CRC has copyrighted the contents of the Concentric
- Network (SiriusNet) as a compilation copyright, just as many magazines and
- newspapers reserve such a copyright on the contents of their publications.
- This copyright is held in accordance with the 1976 Copyright Act of the
- United States.
-
- A compilation copyright is granted when an organization collects
- information in a lawful way, adds value to it, and offers it to others. In
- this case, SiriusNet is a value-added product; CRC has committed
- substantial financial resources to collecting more than 10,000 areas on the
- service and offering them in an organized, structured way to a defined user
- base through a nationwide telecommunications network.
-
- The compilation copyright is intended to protect that substantial
- investment from unauthorized exploitation. This does NOT mean that CRC
- assumes ownership of individual programs and databases provided to the
- system by subscribers or information providers.
-
- CRC's compilation copyright does NOT supersede individual ownership rights
- or copyrights to any of the material furnished to the Service by
- subscribers or information providers.
-
- It should be noted, however, that CRC cannot grant any redistribution
- rights for materials copyrighted by another author, unless specifically
- authorized to do so, CRC does not own the material or the copyright. These
- rights must be obtained directly from the author.
-
- COPYRIGHTED MATERIAL CRC does not allow copyrighted material to be placed
- on SiriusNet without the author's permission. Only the owner(s) or persons
- they specifically authorize may upload copyrighted material to the Service.
-
- Any subscriber may download copyrighted material for their own use. Any
- subscriber may also non-commercially redistribute a copyrighted program
- with the expressed permission of the owner or authorized person.
- Permission must be specified in the document, on the Service, or must be
- obtained directly from the author. PUBLIC DOMAIN
-
- Any subscriber may upload public domain programs to the Service. Any
- subscriber may download public domain programs for their own use or non-
- commercially redistribute a public domain program.
-
- SHAREWARE Only the owner or an authorized person may upload shareware
- programs. Any subscriber may download shareware programs for their own
- use, subject to the terms provided by the owner. Any subscriber may non-
- commercially redistribute a shareware program subject to the provided terms
- explicitly displayed in the software itself, or with permission of the
- owner or authorized person.
-
- Public domain information and shareware programs are uploaded to SiriusNet
- data libraries by their authors for use by other SiriusNet subscribers.
-
- In keeping with the spirit of the development of public domain information
- and shareware, it is not CRC's current policy to prevent casual
- redistribution of this type of information -- this is low volume and low
- frequency use or redistribution of information where no commercialism is
- involved. This means that a subscriber may download a file and share it
- with others for no commercial gain -- either via a bulletin board service,
- diskette, or other means.
-
- A subscriber may not, however, download a large number of files for
- redistribution via any means, nor is it acceptable for a subscriber to
- update another bulletin board regularly with files obtained from SiriusNet.
-
- It's important to note that CRC cannot grant redistribution rights for
- programs clearly copyrighted by the author, unless specifically authorized
- to do so. Such permission must be obtained directly from the author of the
- program.
-
- Commercial exploitation of material contained on SiriusNet is specifically
- prohibited by the Terms of Service, to which each subscriber agrees before
- being permitted to access the Service. Therefore, subscribers cannot
- lawfully download and redistribute public information or shareware programs
- for personal gain.
-
- In addition, mass redistribution of public domain information or shareware
- is also prohibited. Mass distribution is defined as high frequency and/or
- high volume transfers.
-
- When a situation involving exploitation is brought to CRC's attention, we
- investigate and, if warranted, remind the violator of the Terms of Service
- Terms. If subsequent violations are reported, access to SiriusNet may be
- terminated for the violator and, in extreme cases, a letter is sent from
- our legal counsel asking that he or she cease and desist, or risk further
- legal action.
-
- This is done as a positive step to protect the value and use of the
- material for SiriusNet subscribers, and to discourage unauthorized
- redistribution of that material.
-
- FURTHER TERMS OF SERVICE TERMS 1. The Concentric Research Information
- Service ("SiriusNet" or the "Service") consists of computing and
- information services and software, information and other content provided
- by SPI Publishing Inc. (SPI) and Concentric Research Corporation (CRC).
- In addition, third parties provide information, software, and other content
- (collectively, "Third Party Content") which may be accessed over the
- Service. These terms and any Operating Rules published over the Service
- constitute the entire and only agreement (collectively, the "Agreement")
- between SPI and CRC and subscriber (including its 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, CRC may modify this agreement,
- the Operating Rules or prices, and may discontinue or revise any or all
- other aspects of the Service at its sole discretion and without prior
- notice.
-
- 3. Unless otherwise agreed, subscriber's right to use the Service or to
- designate users is not transferable and is subject to any limits
- established by CRC, or by subscriber's credit card company if billing is
- through a credit card.
-
- 4. Subscriber agrees to indemnify SPI and CRC against liability for any
- and all use of subscriber's account.
-
- 5. Subscriber is responsible for and must provide all telephone and other
- equipment and services necessary to access the Service.
-
- 6. Subscriber shall pay, in accordance with the provisions of the
- agreement herein, any registration or monthly fees, connect time charges,
- minimum charges and other charges incurred by subscriber 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. Subscriber shall
- pay all applicable taxes relating to use of the Service by subscriber or
- its designated users. Subscriber shall be responsible for all use of the
- Service accessed through subscriber's or its designated users) password(s).
-
- 7. SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER'S
- SOLE RISK. NEITHER SPI, CRC NOR ANY OF ITS INFORMATION PROVIDERS,
- LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE
- UNINTERRUPTED OR ERROR FREE; NOR DOES SPI, CRC 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, OTHER
- THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
- RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- NEITHER SPI, CRC 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 F ANY
- WARRANTY. SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS
- PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.
-
- 8. Except as expressly permitted, neither subscriber 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 7 and 8 are for the benefit of SPI, CRC
- and their respective Information Providers, Licensors, Employees, and
- Agents; and each shall have the right to assert and enforce such provisions
- directly on their own behalf.
-
- 10. Subject to the terms of this Agreement, CRC grants to subscriber a
- personal, non-exclusive, nonassignable and nontransferable license to use
- and display the SiriusNet Graphical User Interface ("Software") on any
- machine(s) of which subscriber 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. Subscriber may not sublicense, assign or transfer
- this license or the Software. Any attempt to sublicense, assign or
- transfer any of the rights, duties or obligations under this license is
- void.
-
- 11. If Subscriber's account is a qualified business account and approved
- by CRC for corporate billing, charges for the services provided under this
- Agreement will be accumulated and identified by User ID 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
- subscriber 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 CRC may, in addition, at its sole discretion
- and without notice to the subscriber, (a) suspend its performance under
- this agreement and the subscriber's and its designated users) access to and
- use of the Service, or (b) terminate this agreement and subscriber's and
- its designated users) access to and the use of the Service. For accounts
- not approved by CRC for corporate billing, subscriber must provide payment
- by credit card or direct debit.
-
- 12. Notwithstanding any acknowledgment of a subscriber purchase order by
- CRC, any provision or condition in any purchase order, voucher, or other
- memorandum of the subscriber which is in any way inconsistent with, or adds
- to, the provisions of this agreement is null and void. Neither the course
- of conduct between parties nor trade practice shall act to modify the
- provisions of this Agreement. If any provision of this Agreement is
- determined to be invalid, all other provisions shall remain in full force
- and effect. The provisions of paragraphs 7,9, and 13 and all obligations
- of and restrictions on subscriber and its designated users shall survive
- any termination of this Agreement.
-
- 13. Vulgar language, even if masked by asterisks or other characters, is
- not allowed.
-
- 14. Subscriber agrees to use SiriusNet in a manner consistent with any and
- all applicable laws and regulations. Subscriber may not be a minor. (A
- minor's parent or legal guardian may authorize a minor to use his/her
- accounts.)
-
- 15. Subscriber is responsible for all telephone charges for connecting
- directly to Telenet or Tymnet or Sprintnet or Internetor or other network
- access nodes. Subscribers outside of the United States requiring access to
- an additional telecommunications network in order to connect to SiriusNet
- are responsible for those charges. Subscriber agrees to pay SiriusNet all
- charges relating to the use of Subscriber's account(s), including but not
- limited to charges for use of SiriusNet (as published online at the time
- SiriusNet is used), merchandise or services purchased through SiriusNet,
- and charges incurred by minors using Subscriber's account(s).
-
- 16. CRC reserves the right to change fees, surcharges, monthly
- subscribership fees or institute new fees at any time without notice to
- subscriber. Subscribers may not place orders, or attempt to pay for
- SiriusNet services using any expired, false or unauthorized credit card, or
- false or unauthorized bank or credit union information, and must promptly
- inform CRC of the following:
-
- Changes in the expiration date of any credit card they use in connection
- with SiriusNet. Any changes to the bank or credit union account they use
- in connection with SiriusNet. Changes in their home or billing address.
- Apparent breaches of security, such as loss, theft, or unauthorized
- disclosure or use of a credit card, bank or credit union account, ID or
- password.
-
- Until CRC is notified in writing from subscriber at Concentric Research
- Corporation, 400 Forty-First Street, Bay City, Michigan 48708 of a breach
- of security, the Subscriber will remain liable for any unauthorized use of
- CRC Net.
-
- 17. Subscriber is responsible for all charges at the time the service is
- used.
-
- 18. CRC reserves the right to suspend access to SiriusNet for Subscriber's
- account(s) immediately, without Notice, upon rejection of any credit card
- charges, non-payment by Subscriber's bank or credit union of authorized
- charges or any other indication of credit problems, or for any reason
- whatsoever at CRC's sole discretion without recourse from subscriber.
-
- If CRC is unable to collect the full amount of Subscriber's account
- balance, an additional $25.00 will be added to your bill. Full payment,
- including the $25.00 charge, is due and payable to CRC by money order or
- certified check within thirty (30) days after Notice.
-
- 19. Subscriber may order services or merchandise from other Subscribers
- and users of SiriusNet, not affiliated with CRC, ("Seller") through
- SiriusNet. All matters concerning the merchandise and services ordered
- from Seller, including but not limited to purchase terms, payment terms,
- warranties, guarantees, maintenance and delivery, are solely between the
- Seller and the Subscriber. CRC makes no warranties or representations
- whatsoever with regard to any goods or services provided by Sellers. CRC
- shall not be a party to such transactions or be liable for any costs or
- damages arising out of, either directly or indirectly, the actions or
- inaction's of Sellers.
-
- 20. A Subscriber's access to, and use of, SiriusNet may be terminated at
- any time, and without cause, by the Subscriber or CRC. Subscriber must
- send written notice to Concentric Research Corporation, 400 Forty-First
- Street Bay City, Michigan 48708. Subscriber is liable for any charges
- incurred by them until the effective date of such termination.
-
- Terminations by Subscriber will be effective on the day that SiriusNet
- receives Notice or on a future date if so specified in the Notice.
- Terminations by CRC will be effective on the day that CRC deems such
- termination is warranted at its sole discretion and without notice to
- Subscriber. Upon termination of SiriusNet, the Subscriber's license to use
- SiriusNet is also terminated.
-
- 21. CRC reserves the right, at its sole discretion, to immediately,
- without Notice, suspend or terminate a Subscriber's access to and use of
- CRC Net for any reason whatsoever at any time at CRC's sole discretion
- without recourse from subscriber.
-
- 22. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SIRIUSNET AND OR
- ANY SIRIUSNET SOFTWARE AND SERVICE, THE QUALITY OF ANY RELATED SERVICES,
- AND THE ACCURACY OF ANY INFORMATION, OR QUALITY OF ANY SOFTWARE CONTAINED
- THEREIN IS WITH YOU. SHOULD THE SIRIUSNET SOFTWARE, SIRIUSNET, AND ANY
- SERVICES, INFORMATION OR SOFTWARE CONTAINED THEREIN PROVE DEFECTIVE, YOU
- (AND NOT CRC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
- OR CORRECTION.
-
- NEITHER SPI NOR CRC WARRANTS THAT THE FUNCTIONS OR SERVICES PERFORMED BY,
- OR THAT THE INFORMATION OR SOFTWARE CONTAINED IN THE SIRIUSNET SOFTWARE OR
- SIRIUSNET WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF SIRIUSNET
- SOFTWARE OR SIRIUSNET WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
- IN THE SIRIUSNET SOFTWARE OR SIRIUSNET WILL BE CORRECTED. SIRIUSNET AND
- THE SIRIUSNET SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
- NEITHER SPI NOR CRC MAKE ANY WARRANTIES, EXPRESS (EXCEPT AS EXPRESSLY
- PROVIDED HEREIN) OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
- SIRIUSNET SOFTWARE, SIRIUSNET, ANY SERVICES PROVIDED BY SAME AND ANY
- INFORMATION OR SOFTWARE CONTAINED THEREIN. THE LIMITED WARRANTIES PROVIDED
- HEREIN ARE THE ONLY WARRANTIES OF ANY KIND THAT ARE MADE BY SPI AND CRC ON
- THE SIRIUSNET SOFTWARE, SIRIUSNET, ANY SERVICES PERFORMED BY SAME AND,
- INFORMATION OR SOFTWARE CONTAINED THEREIN. NO ORAL OR WRITTEN INFORMATION
- OR ADVICE GIVEN BY SPI, CRC OR ITS AUTHORIZED DEALERS, DISTRIBUTORS,
- AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
- SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR
- ADVICE. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS.
-
- IN NO EVENT WILL SPI OR CRC BE LIABLE (i) TO YOU FOR ANY INCIDENTAL,
- CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
- FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
- INFORMATION STORED ON THE DISK, AND THE LIKE) ARISING OUT OF THE USE OF OR
- INABILITY TO USE SIRIUSNET, ANY SERVICES PROVIDED THEREIN OR INFORMATION OR
- SOFTWARE CONTAINED THEREIN, THE SIRIUSNET SOFTWARE OR THE DISK ON WHICH IT
- IS RECORDED, EVEN IF SPI, CRC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR ANY CLAIM BY ANY
- OTHER PARTY.
-
- 23. THIRD PARTY SUPPLIED INFORMATION: Opinions, advice, services and all
- other information expressed by Subscribers, information providers, service
- providers, or other third party personnel on SiriusNet are those of the
- provider and not of CRC. Subscribers are urged to seek professional advice
- for specific, individual situations.
-
- 24. TELEPHONE CHARGES: CRC assumes no responsibility or liability for any
- phone charges including, but not limited to, long distance charges, per
- minute (unit) surcharges and/or equipment or line costs, incurred by
- Subscriber while accessing SiriusNet. Any disputes or problems regarding
- phone service are strictly between the Subscriber and his or her local
- phone company and/or long distance service provider. Any action by a
- Subscriber that, in CRC's sole opinion, restricts or inhibits other
- Subscribers from using and enjoying CRC Net (such as but not limited to,
- the use of vulgar language; inappropriate screen names; committing, or
- discussing with the intention to commit, illegal activities), is strictly
- prohibited. Subscriber specifically agrees not to submit, publish, or
- display on SiriusNet any defamatory, inaccurate, abusive, obscene, profane,
- sexually oriented, threatening, racially offensive, or illegal material;
- nor shall Subscriber encourage the use of controlled substances.
-
- SiriusNet is to be used by Subscriber for his/her personal use only.
- Commercial uses of SiriusNet, other than the use of message boards for
- legal and appropriate messages, are strictly prohibited unless prior
- written consent from CRC.
-
- 25. SOFTWARE LIBRARIES: Only public domain files, and files in which the
- author has given expressed consent for online distribution, may be uploaded
- to the software libraries by Subscriber. Any other software may not be
- uploaded to SiriusNet software libraries. CRC, at its sole discretion,
- reserves the right to refuse posting of files, and to remove files. CRC at
- its sole discretion, further reserves the right to immediately terminate,
- without Notice, a Subscriber who misuses the software libraries or for any
- other reason whatsoever at CRC's sole discretion without recourse from
- subscriber.
-
- 26. PUBLIC POSTING AREAS (Forums): CRC, at its sole discretion, may
- remove messages it deems to be unacceptable or in violation of the Terms of
- Service. CRC, at its sole discretion, further reserves the right to
- immediately terminate, without Notice, a Subscriber who misuses the message
- boards.
-
- 27. REAL-TIME/INTERACTIVE COMMUNICATIONS AREAS: CRC, at its sole
- discretion, reserves the right to immediately terminate, without Notice, a
- Subscriber who misuses the real-time conference areas or violates the Terms
- of Service.
-
- 28. LICENSE: The license granted to you under the Terms of Service allows
- you to: Use SiriusNet Software only on a single computer. Make one copy
- of the c Software in machine-readable form solely for backup purposes. The
- SiriusNet Software is protected by United States copyright law. You must
- reproduce on each copy all copyright notices and any other proprietary
- legends that were on the original copy.
-
- 29. RESTRICTIONS: You may not distribute copies of the SiriusNet Software
- to others or electronically transfer the SiriusNet Software from one
- computer to another over a network. The SiriusNet Software may only be
- used in the United States, Canada, and Puerto Rico. Use outside of this
- territory is prohibited. You may not decompile, reverse engineer,
- disassemble, or otherwise reduce the SiriusNet Software to a human
- perceivable form. You may not modify, adapt, translate, incorporate into
- other works, rent, lease, loan, resell for profit, distribute, network, or
- create derivative works based upon the SiriusNet Software or any part
- thereof or any manuals or documentation related thereto. Compliance with
- each of the provisions of the Terms of Service shall be a material
- condition of the foregoing license. The SiriusNet Software is not
- available to or use by nationals of any of the following countries:
- Afghanistan, Albania, Bulgaria, People's Republic of China, Cuba,
- Czechoslovakia, Hungary, Kampuchea (Cambodia), Laos, Libya, Mongolian
- People's Republic, North Korea, Poland, Romania, Commonwealth Of
- Independent States (including Estonia, Latvia and Lithuania), and Vietnam.
- Any person proposing to transfer this product across national borders must
- secure a written assurance from the transferee that the transferee shall
- observe the territorial restrictions of the preceding sentence.
-
- 30. TERMINATION: This license shall terminate upon termination of the
- subscribership for which it was used, or issued. Upon such termination the
- Subscriber must either return all SiriusNet Software to CRC or destroy it.
- Subscriber who desires to terminate their subscribership in SiriusNet must
- do so in accordance with Termination's section of the Terms of Service.
-
- 31. The placement of copyrighted material in any public posting area, or
- software library of SiriusNet without the consent of the copyright owner is
- in violation of the Terms of Service. A Subscriber submitting information,
- or materials, owned by Subscribers for publication, or download, on
- SiriusNet grants CRC an irrevocable, non-exclusive, royalty-free worldwide
- permission, rights and license to use, reproduce, modify and distribute the
- materials or information and to incorporate the materials or information in
- other works. CRC shall have the right to sublicense such rights to others.
-
- 32. Information regarding a Subscriber's credit card number(s), bank
- account number(s) which the Subscriber supplies to CRC shall be used or
- disclosed only for the purposes for which such information was collected,
- or as required by law. Subscribers) addresses, phone numbers and other
- relevant information will be provided to information providers, service
- providers and Merchants for the purposes for which such information was
- collected.
-
- 33. ELECTRONIC MAIL Electronic mail ("Mail") is a private electronic
- message sent by a Subscriber or by CRC to another Subscriber or user of
- SiriusNet. Once it has been read, it is retained on SiriusNet for one (1)
- week. If you delete a User ID, any unread Mail sent prior to that deletion
- will also be removed, as a deleted User ID cannot be reinstated. UNREAD
- MAIL IS AUTOMATICALLY DELETED PERIODICALLY. From time to time CRC may send
- Subscribers Mail with an expiration date. This means that Mail sent by CRC
- may be deleted from your mailbox, by our system, if not read within a
- certain time frame.
-
- CRC will not intentionally inspect the contents of Mail sent by one
- Subscriber to an identified addressee, or disclose such contents to other
- than the sender, or an intended recipient, without the consent of the
- sender or an intended recipient, unless required to do so by law. CRC
- reserves the right to cooperate fully with local, state, or federal
- officials in any investigation concerning or relating to any Mail
- transmitted on SiriusNet.
-
- 34. OTHER PROVISIONS, Terms of Service shall be interpreted, construed and
- enforced in all respects in accordance with the laws of the State of
- Arizona. Each party irrevocably consents to the jurisdiction of the courts
- of the State of Arizona and the Terms of Service shall be interpreted,
- construed and enforced in all respects in accordance with the laws of the
- State Of Arizona. Each party irrevocably consents to the jurisdiction of
- the courts of the State of Arizona and the Federal courts situated in the
- State of Arizona, in connection with any action to enforce the provisions
- of the Terms of Service, to recover damages or other relief for breach or
- default under the Terms of Service, or otherwise. Any cause of action of
- subscriber 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.
-
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