National Parks of America/National Parks of America.iso/netlcnse.txt

Text File | 1995-07-31 | 40KB | 698 lines

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.


---