PC/CD Gamer UK 30/PCGAMER30.bin/wincim/winsign.lib/TERMS.TXT

Text File | 1995-11-29 | 10.1 KB | 180 lines

                ** 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, member must provide payment
      by credit card or direct debit.

 13.  Notwithstanding any acknowledgement of a member purchase
      order by CompuServe, any provision or condition in any
      purchase order, voucher, or other memorandum of the member
      which is in any way inconsistent with, or adds to, the
      provisions of this Service Agreement is null and void.
      Neither the course of conduct between parties nor trade
      practice shall act to modify the provisions of this
      Service Agreement.  CompuServe may authorize or allow its
      contractors and other third parties to provide to CompuServe
      and/or to member services necessary or related to making the
      Service available and to perform obligations and exercise
      rights of CompuServe under this Service Agreement, and may
      collect payment on their behalf, if applicable.  If any
      provision of this Service Agreement is determined to be
      invalid, all other provisions shall remain in full force
      and effect.  The provisions of paragraphs 4, 7, 9, and 13 and
      all obligations of and restrictions on member and its
      designated users shall survive any termination of this
      Agreement.

 14.  Member acknowledges that, when using the Internet, member is
      using a completely different physical network than
      CompuServe's communications network and different content
      than that normally available on the Service. The
      reliability, availability and performance of resources
      accessed through the Internet are beyond CompuServe's control
      and are not in any way warranted or supported by CompuServe
      or its third party contractors. Member acknowledges that
      safeguards relative to copyright, ownership, decency,
      reliability and integrity of content may be entirely lacking
      with respect to the Internet and content accessible through
      it. Member assumes all risk and liability of its use of the
      Internet, including member's continuous compliance with the
      Service Agreement.