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- 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"). 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 CompuServe and member (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, CompuServe 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, 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
- relating to use of the Service by member or its designated
- users. Member shall be responsible for all use of the Service
- accessed through member's or its designated users'
- password(s).
-
- 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
- INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE
- LAWS APPLICABLE TO THIS 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 THE THIRD PARTY CONTENT.
-
- 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 7 and 8 are for the benefit of
- CompuServe and their respective Information Provider,
- 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, 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.
- Any attempt to sublicense, assign or transfer any of the
- rights, duties or obligations under this license is void.
-
- 11. This agreement is, and shall be governed by and construed in
- accordance with the law of the State of Ohio applicable to
- agreements, made and performed in 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 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 agreement and
- the member's and its designated users' access to and use of the
- Service, or (b) terminate this 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 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 member and its designated
- users shall survive any termination of this Agreement.