SiriusNet Access Kit and Internet Connection Service Usage License
Version 7/95 - SIRIUSNET
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Please read this document thoroughly.
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.
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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.
