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- #120
- @001 Enter the name of the system transferring accounts:
- @002 Enter the name of the system receiving accounts:
- @700 Enter the effective date of the transfer:
- #121 Will transferring system deliver its files to new system?
- #if#121
- @600 Enter number of days prior to transfer for file delivery:
- #endif
- #122
- @701 Enter the last date that the BBS can accept new accounts:
- @500 Enter the parties in any contracts assumed by new system
- #123 Will old system transfer accounts receivable:
- @702 Enter division of receivables:
- #endif
- #124
- #125/#126 Payment will be:
- from old system to new system
- from new system to old system
- #if#125
- @703 Enter the compensation agreement:
- #endif
- #if#126
- @704 Enter the compensation agreement
- #endif
- #127
- #end control section
- #120
- /* Para. 120: Run out agreement */
-
- TELECOMMUNICATIONS SERVICE AGREEMENT
-
-
- @001, referred to herein as BBS, and @002 referred to herein as
- SYSTEM, agree:
-
-
-
- BBS is engaged in the provision of telecommunications service via
- a computer bulletin board system. SYSTEM desires, and BBS agrees
- that the present accounts of BBS shall be transferred to SYSTEM
- under the terms of this agreement.
-
-
- The effective date of the transfer shall be @700.
-
-
- As soon as possible after the execution of this agreement, BBS
- shall place a notice on its system informing users of the
- transfer of their accounts.
-
-
- BBS shall provide on disk, in a form mutually agreeable to the
- parties hereto, a complete list of the paid users of BBS's system
- together with the access levels provided to each. SYSTEM shall
- provide the users of BBS with access to SYSTEM which is
- substantially identical to that presently given to them by BBS.
-
-
- SYSTEM shall be responsible for completing of the following
- contracts entered into between BBS and others, copies of which
- are attached hereto as exhibits. Other than these specific
- contracts between BBS and @500, there are no other agreements
- which SYSTEM shall be obligated to abide by or complete.
-
-
- #121
- /* Para. 121- option, turn over of files, messages */
-
-
- At least @600 days prior to the effective date, BBS shall provide
- SYSTEM in a mutually agreeable medium, the complete files of the
- SYSTEM.
-
-
- #122
- /* 122- Mandatory middle */
-
- As of @701, BBS shall cease accepting new accounts, and shall
- advise all users of BBS's systems desiring to renew, or new users,
- to register with SYSTEM.
-
-
- SYSTEM shall have the sole authority after the effective date to
- determine whether to make refunds or other adjustments in the
- account of user's transferred by BBS.
-
-
-
- #123
- /* Para. 123- Receivables, if needed */
-
-
- BBS shall provide SYSTEM with documentation and records related
- to any accounts receivable due to the SYSTEM. BBS guarantees that
- the debts are properly documented and enforceable. All
- collections from receivables shall be divided as follows:
-
-
- @702
-
-
- #124
- /* Para. 124- Indemnities, trademarks */
-
-
- SYSTEM shall have the right to use the trade marks and trade
- names of BBS, and any graphical representations thereof.
-
-
-
- SYSTEM shall indemnify BBS from any and all claims and demands
- related to the conduct of SYSTEM as to transferred accounts
- except for consumer claims for refunds and adjustments related
- solely to the change in the accounts. SYSTEM shall provide
- sufficient facilities to handle its present traffic and the
- accounts transferred herein in a matter that is acceptable within
- the remote computer bulletin board system industry. It shall be
- presumed that SYSTEM has provided sufficient capacity if its
- total usage is less than or equal to 85% of system capacity.
-
-
- #125
- /* Para. 125: Payment, BBS to SYSTEM */
-
-
- BBS shall pay to SYSTEM the following compensation:
-
-
- @703
-
-
- #126
- /* Para. 126: payment SYSTEM to BBS */
-
-
- SYSTEM shall pay to BBS the following compensation:
-
-
- @704
-
-
- #127
- /* Para. 127: End*/
-
-
- This is the entire agreement between the parties, and the
- agreement may only be changed by the written agreement of the
- parties. BBS shall have reasonable access to the records of
- SYSTEM, including the computer facility itself, to verify
- compliance with this agreement.
-
-
-
- Dated: ___________________
-
-
-
-
-
-
-
-
- _____________________________________________
-
- For BBS
-
-
-
-
-
-
- _____________________________________________
-
- For SYSTEM
-