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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 related 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).
- Billing detail is available for premium surcharged services. All other
- extended services are accumulated and billed in total on a per session basis.
-
- 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
- its respective 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 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.
-
-