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- The following information contains two sections:
-
- 1) Description of the IBM Internet Connection Service, including
- United States and Canada dial access numbers as of 12/15/94.
-
- 2) Agreement for IBM Global Network Access to Internet Services,
- the IBM Internet Connection Service provided by Advantis.
-
- You will not incur charges for use of the IBM Internet Connection Service
- until you have agreed to the terms of the agreement and its fee schedule
- and completed online registration and your trial access period.
- The fee schedule will be presented during registration.
-
- Currently, the trial access period is for 30 days or three hours of usage,
- whichever occurs first.
-
- If you have questions about using Registering or Use of the IBM
- Internet Connection Service please call 1-800-727-2222.
-
- IBM Internet Connection Service
- ===============================
- The IBM Global Network combines corporate networking expertise,
- Internet experience, technology leadership to bring you the IBM
- Internet Connection Service.
-
- IBM Internet Connection Service is designed to enhance your
- interaction with the Internet and help remove the complexities
- associated with this environment. The IBM Internet Connection
- Service is a comprehensive suite of access, applications, and
- services to get you on the road to the information superhighway.
-
- The IBM Internet Connection Service features:
-
- o Local dial access for low cost connectivity in the US and Canada
- o 800 dial service for users outside local calling areas
- o Up to 14,400 bps connectivity speeds for high speed access
- o TCP/IP connectivity with dynamic IP address assignment
- eliminating the need for you to pre-register an IP address
- o POP3 (Post Office Protocol 3) servers available to hold
- your mail while you are not connected
- o Default Gopher and World Wide Web(WWW) servers provided
- to help begin your journey on the net
- o News server which provides access in Internet news
- groups to follow your favorite subject, including discussion
- groups designed specifically for IBM Internet
- Connection users.
- o Premier customer support to assist you in setting up
- connectivity, navigating through the maze, and overall
- use of this service and the Internet.
- o Superior network management to provide timely access
- o Major credit cards accepted!
-
- The IBM Internet Connection Service is a comprehensive suite of
- services to get you on the road to the information superhighway.
-
- United States and Canada Dial-up access numbers as of 12/15/94.
-
- (These numbers are for Internet Access, not Instant Internet
- registration. To register electronically, please use the phone
- number already defined in the Instant Internet application.)
-
- At registration we will provide the best direct dial number from
- our current list.
-
- Canada
- Alberta:
- AB Calgary 403-266-4013
- AB Edmonton 403-429-7125
- British Columbia:
- BC Vancouver 604-683-3416
- BC Victoria 604-380-2777
- Manitoba:
- MB Winnipeg 204-956-4701
- Nova Scotia:
- NS Halifax 902-492-8683
- Ontario:
- ON London 519-667-2225
- ON Ottawa 613-233-4360
- ON Toronto 416-491-7112
- Quebec:
- PQ Montreal 514-931-0180
- PQ Quebec City 418-648-8684
- Saskatchewan:
- SK Regina 306-525-4022
-
- Canada fee 800 1-800-270-9667
-
-
- United States
-
- Alabama:
- AL Birmingham 1-205-970-0958
- AL Mobile 1-205-380-9237
- Arizona:
- AZ Phoenix 1-602-395-0039
- AZ Tucson 1-602-747-5849
- Arkansas:
- AR Little Rock 1-501-376-1963
- California:
- CA Costa Mesa 1-714-545-8867
- CA Los Angeles 1-213-687-7247
- CA Monterey 1-408-656-0522
- CA Norwalk 1-310-864-6573
- CA Palo Alto 1-415-856-0602
- CA Riverside 1-909-341-0998
- CA Sacramento 1-916-441-0141
- CA San Diego 1-619-550-0442
- CA San Francisco 1-415-979-0319
- CA San Jose 1-408-451-9457
- CA San Ramon 1-510-867-0544
- CA Santa Cruz 1-408-464-0865
- CA Stockton 1-209-478-2884
- CA Woodland Hills 1-818-595-0018
- Colorado:
- CO Boulder 1-303-442-6758
- Connecticut
- CT Danbury 1-203-778-8373
- CT Hartford 1-203-724-2302
- CT Milford 1-203-876-1285
- CT Norwalk 1-203-845-0623
- CT Stamford 1-203-348-0021
- Delaware:
- DE Wilmington 1-302-425-0116
- Florida:
- FL Boca Raton 1-407-998-2650
- FL Fort Lauderdale 1-305-771-1343
- FL Jacksonville 1-904-565-2754
- FL Miami 1-305-529-4700
- FL Orlando 1-407-420-6876
- FL Sarasota 1-813-362-9467
- FL Tampa 1-813-877-1117
- FL West PalmBeach 1-407-689-7329
- Georgia:
- GA Atlanta 1-404-885-5580
- Illinois:
- IL Chicago 1-312-245-0156
- IL Moline 1-309-797-6874
- IL Schaumburg 1-708-240-5715
- IL Springfield 1-217-793-9788
- Indiana:
- IN Indianapolis 1-317-464-0494
- IN Fort Wayne 1-219-424-0670
- IN South Bend 1-219-273-1104
- Iowa:
- IA Des Moines 1-515-283-2561
- Kentucky:
- KY Lexington 1-606-276-0875
- KY Louisville 1-502-585-1120
- Louisiana:
- LA New Orleans 1-504-524-8389
- Maryland:
- MD Baltimore 1-410-332-4569
- Massachusetts:
- MA Boston 1-617-247-6754
- MA Springfield 1-413-827-8327
- MA Worcester 1-508-770-1449
- Michigan:
- MI Detroit 1-810-827-7240
- MI Grand Rapids 1-616-285-1288
- MI Kalamazoo 1-616-341-4749
- Minnesota:
- MN Minneapolis 1-612-338-4862
- Missouri:
- MO Kansas City 1-816-474-0330
- MO ST. Louis 1-314-621-9290
- Nebraska:
- NE Omaha 1-402-398-1591
- New Jersey:
- NJ Cherry Hill 1-609-488-1919
- NJ Paramus 1-201-265-0681
- NJ Princeton 1-609-987-9155
- NJ West Orange 1-201-325-8413
- New York:
- NY Albany 1-518-436-9976
- NY Buffalo 1-716-853-4221
- NY Endicott 1-607-748-2411
- NY Jericho 1-516-681-1576
- NY New York 1-212-644-4153
- NY Poughkeepsie 1-914-463-1103
- NY Rochester 1-716-227-5090
- NY Syracuse 1-315-448-1002
- NY White Plains 1-914-448-0235
- North Carolina:
- NC Charlotte 1-704-525-5036
- NC Durham 1-919-558-9471
- NC Winston Salem 1-910-722-9659
- NC Raleigh 1-919-380-4300
- Ohio:
- OH Akron 1-216-384-0701
- OH Cincinnati 1-513-241-6693
- OH Cleveland 1-216-771-0741
- OH Columbus 1-614-621-0779
- OH Dayton 1-513-224-4899
- OH Toledo 1-419-255-6064
- OH Youngston 1-216-747-0539
- Oklahoma:
- OK Oklahoma City 1-405-232-9211
- OK Tulsa 1-918-493-7479
- Oregon:
- OR Portland 1-503-223-0904
- Pennsylvania:
- PA Bethleham 1-610-954-7750
- PA Harrisburg 1-717-730-8655
- PA Philadelphia 1-215-564-5918
- PA Pittsburgh 1-412-237-0831
- PA Scranton 1-717-969-0338
- PA York 1-717-854-0466
- Rhode Island:
- RI Providence 1-401-421-4870
- South Carolina:
- SC Columbia 1-803-252-1806
- Tennessee:
- TN Kingsport 1-615-392-9812
- TN Knoxville 1-615-525-2292
- TN Memphis 1-901-680-9956
- TN Nashville 1-615-256-1268
- Texas:
- TX Austin 1-512-479-0155
- TX Dallas 1-214-620-9180
- TX Fort Worth 1-817-491-0218
- TX Houston 1-713-993-7226
- TX Lubbock 1-806-788-1936
- TX San Antonio 1-210-229-1212
- Utah:
- UT Salt Lake 1-801-530-0021
- Virginia:
- VA Manassas 1-703-361-0018
- VA Norfolk 1-804-624-8418
- VA Richmond 1-804-644-5066
- Washington:
- WA Seattle 1-206-382-0379
- Washington DC:
- DC Washington 1-202-293-5076
- West Virginia:
- WV Charleston 1-304-345-2161
- Wisconsin:
- WI Madison 1-608-273-1443
- WI Milwaukee 1-414-223-3003
-
- Fee 800 1-800-933-3997
-
-
- (These numbers are for Internet Access, not Instant Internet
- registration. To register electronically, please use the phone
- number already defined in the Instant Internet application.)
-
- At registration we will provide the best direct dial number from
- our current list.
-
- AGREEMENT FOR IBM GLOBAL NETWORK ACCESS TO INTERNET SERVICES
-
- This IBM Internet Connection Service ("Service") is being provided to
- you by your IBM Global Network local Service provider ("We" or "Us").
- Depending upon your location, the terms and conditions written below may
- be supplemented or amended by the materials accompanying your OS/2
- software package; this is the entire agreement ("Agreement"). Please
- consult these materials before proceeding, and read all pages of this
- Agreement. You are authorized to access and use this Service when you
- have completely filled in all the required registration information and
- indicated your concurrence with terms of this Service as described in
- the registration instructions.
-
- This Agreement and your registration information are the complete
- agreement between you and your IBM Global Network local Service provider
- regarding this Service and replace any prior oral or other
- communications between us.
-
- 1. Charges
-
- You will incur the charges when using this Service as specified in
- the Fee Schedule for IBM Global Network Access to Internet Services.
- We provide you the Fee Schedule upon your initial use during the
- Trial Access Period. During the Trial Access Period there will be no
- charges (except for "800" Number Dial Access surcharges) for the IBM
- Global Network Access to Internet Services. The Trial Access Period
- provides for 3 hours of dial connect time to the Service or 30 days
- whichever occurs first.
-
- We may, at our option, elect to accept your credit card for payment
- and acknowledgement that you wish to continue the Service after the
- Trial Access Period, in which case all charges that you incur for the
- use of the Service will be debited to the credit card number you
- provide to Us. Should this credit card number expire or should We
- otherwise be unable to debit valid charges to this credit card
- number, We may immediately and without notice withdraw your access to
- the Service.
-
- 2. Description
-
- Overview
-
- Under this Agreement We provide you dial access to and use of the
- "Service" for the specific purpose of enabling you to access the
- Internet and services available on the Internet.
-
- Dial Access
-
- Dial access is via telephone number(s) which We provide to you. When
- you use dial access you will incur a dial access charge. This charge
- is computed using a 35 second minimum and 1 second increments for
- each dial access.
-
- Access to Internet Service Description
-
- We provide only access to Internet. Each Internet provider owns,
- maintains, and supports its service. Availability of an Internet
- service is the responsibility of the Internet provider. We do not
- own or control all of the various facilities and communication lines
- through which access may be provided. Accordingly, We shall not be
- responsible for user/access security. However, We will assist in
- network security breach detection and identification and in
- establishing limited access when requested.
-
- Certain Internet services may contain language or pictures which some
- individuals may find offensive, inflammatory, or of an adult nature.
- Such contents are the sole responsibility of the Internet service
- provider. We do not endorse such materials and disclaim any and all
- liability for their contents.
-
- With regard to Internet services, you are responsible for:
-
- A. determining what services are available via the Internet;
- B. determining if an Internet service meets your requirements;
- C. obtaining from any Internet service provider user IDs in order
- to access their service;
- D. contacting any Internet service provider directly if you have
- problems with their service;
- E. having invoiced directly to you and paying Internet provider
- charges if any, associated with your usage of their service;
- F. abiding by the National Science Foundation network (NSFnet)
- Acceptable Use Policy and the Internet Acceptable Use Policy
- when accessing the NFSnet portion of the Internet; and
- G. obtaining and adhering to all other terms associated with
- usage of Internet or a specific Internet service or an
- intermediate provider's service which we use for access
- to the Internet.
-
- 3. Electronic Communications
-
- Each of us may communicate with the other by electronic means as
- described in this Agreement and its registration information. Each
- of us agrees to the following for all electronic communications:
-
- 1. a User Identification, contained in an electronic document, is
- legally sufficient to verify the sender's identity and the
- document's authenticity;
- 2. an electronic document that contains a User Identification, is a
- signed writing; and
- 3. an electronic document, or any computer printout of it, is an
- original when maintained in the normal course of business.
-
- 4. General Terms
-
- Each of us agrees that:
-
- 1. all information exchanged by both of us is nonconfidential.
- Section 9 of this Agreement describes our responsibilities for
- handling data and information you transmit over our network using
- the Service;
- 2. either party may terminate this Agreement, with or without cause,
- by giving notice to the other, in such case the Agreement will
- terminate at the end of the month;
- 3. any terms varying from this Agreement in any order, written or
- electronic communication from you are void;
- 4. neither of us grants the other any licenses under this Agreement;
- 5. neither party will bring a legal action more than two years after
- the cause of action arose;
- 6. if any provision of this Agreement is determined to be invalid,
- all other provisions shall remain in force;
- 7. all your rights and all our obligations are valid only in the
- country of your IBM Global Network local Service provider; and
- 8. the laws of the country in which your IBM Global Network local
- Service provider is located govern the Agreement.
-
- 5. Our Responsibilities
-
- We will:
-
- 1. provide you facilities for you to enter and maintain your
- registration information;
- 2. provide you a User Identification code to enable access to the
- Service;
- 3. send any electronic notice to you at the User Identification code
- We provide you;
- 4. provide you with a telephone number to enable you to connect to
- the Service;
- 5. provide you electronic or written notice if We change or
- terminate this Agreement, substantially alter the Service from
- its current description, increase Service charges, or change
- invoicing procedures. Such changes shall be effective
- immediately; and
- 6. provide access to the current Agreement and any succeeding
- Agreement, if applicable so that you may retrieve it or view it
- online.
-
- 6. Your Responsibilities
-
- You agree:
-
- 1. to keep current all registration information, using the
- facilities We provide, including your address and credit
- information;
- 2. that We may use your name, user identification and other
- identifying information in our service directory;
- 3. not to assign, or otherwise transfer, this Agreement or your
- rights under it, delegate your obligations, or resell the
- Service. Any attempt to do so is void;
- 4. that you are responsible for the results obtained from the use of
- the Service;
- 5. to obtain, install, and maintain suitable equipment and software
- as necessary to access the Service;
- 6. to obtain all required permissions if you use the Service to
- receive, download, display, distribute, or execute programs or
- perform other works;
- 7. to comply with all applicable laws, regulations, or conventions
- including those related to data privacy, international
- communications, and exportation of technical or personal data;
- 8. to give all required notices under this Agreement by calling
- 1-800-727-2222 anywhere in Canada and the U.S., see "Internet
- Access Support" for other countries;
- 9. to pay charges for all Service usage you incur by any means.
- Failure to promptly pay may result in withdrawal of your access
- to the Service; and
- 10. to provide Us with the requested identification when requesting
- password reset or in connection with other security related
- matters.
-
- 7. Warranty, Limitation of Liability, and Disclaimer
-
- We warrant that the Service that We provide under this Agreement
- conforms to its current description in this Agreement. If, at any
- time, you have any questions about or problems with the Service,
- please contact Customer Assistance. See "Internet Access Support"
- for the phone number in your country. If the Service is inoperable,
- We will attempt to fix the Service. For any claims whatsoever that
- you may have in connection with this Agreement, your sole and
- exclusive remedy against Us is to cancel the Service and We will
- refund any prepaid amounts for the Service.
-
- In no event are We liable for:
-
- 1. special, indirect, or consequential damages even if We have been
- advised of the possibility thereof including, but not limited to,
- lost profits, lost business revenue, or failure to realize
- expected savings, or
- 2. any claims against you by any other party.
-
- This Section 7 applies to all claims by you irrespective of the cause
- of action underlying your claim including, but not limited to:
-
- 1. breach of contract, even if in the nature of a breach of
- condition or a fundamental term or a fundamental breach,
- or
- 2. tort including, but not limited to negligence or
- misrepresentation.
-
- This paragraph does not apply to claims for personal injury or damage
- to real or tangible personal property caused by our negligence.
-
- Notwithstanding the foregoing, in no event are We liable for any
- damages arising from your failure to perform your responsibilities in
- connection with this Agreement, or arising from any cause beyond our
- control, including, but not limited to delay in the performance of
- our obligations or misuse of your Userids.
-
- EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO
- WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING
- THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
- QUALITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING
- TO OUR SERVICE OR THE SERVICE OF ANY OTHER SERVICE
- PROVIDER. FURTHER WE DISCLAIM ANY LIABILITY OR
- RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS
- OR USE OF THE SERVICE OR ANY OTHER PROVIDER'S SERVICE
- OR PRODUCTS INFRINGES ANY THIRD PARTY'S INTELLECTUAL
- PROPERTY RIGHTS.
-
- 8. Your Additional Rights
-
- You may have additional rights under certain laws (such as consumer
- laws) which do not allow the exclusion of implied warranties, or the
- exclusion or limitation of certain damages. If these laws apply, our
- exclusions or limitations may not apply to you.
-
- 9. Customer Transmitted Data
-
- We agree to respect the nature of your confidential information,
- including programs and data, transmitted electronically over our
- network while using the Service. However, We have no obligation of
- confidentiality relating to your information, including programs and
- data, which is not confidential. Information that is not
- confidential includes information which is:
-
- 1. either currently publicly available or becomes publicly available
- in the future;
- 2. rightfully received by either of us from a third party without
- any obligation of confidentiality;
- 3. already in our possession without an obligation of
- confidentiality;
- 4. independently developed by Us;
- 5. approved for disclosure by you; or
- 6. treated by you as nonconfidential.
- 7. in addition, any idea, concept, know-how, or technique which is
- developed or provided by either of us or jointly by both of us
- may (subject to applicable patents and copyrights) be freely used
- by either of us in any way we deem appropriate.
-
- We also have no liability for any disclosure of information that
- occurs as a result of our delivery of your information, at your
- direction and to a recipient you designate, when the delivery is made
- in the normal course of Service provision (for example, to an
- incorrect delivery address provided by you to Us). We may disclose
- information to the extent required by law.
-
- HANDLING OF YOUR INFORMATION
-
- You are responsible for selection and use of the security facilities
- and options that We provide.
-
- You are responsible to develop and maintain procedures (apart from
- the Service) to protect your information. You are responsible for
- backup and restoration of your information.
-
- For the purposes of operation and maintenance We may use, copy,
- display, store, and distribute internally your information. We agree
- not to reverse assemble or reverse compile your information. We do
- not guarantee that these procedures will prevent the loss of,
- alteration of, or improper access to, your information. You agree
- that access to your information will not prohibit or prevent Us from
- developing or marketing any service or product.
-
- For transmission carried over interexchange carriers' and local
- exchange carriers' facilities, We are not responsible for
- transmission errors, or corruption or security of data.
-
- 10. Service Availability and Access
-
- This Service is generally available daily, seven days a week, except
- for maintenance. Service maintenance generally takes place from 3
- a.m. until 5 a.m. Eastern time in the U.S. on Sunday. In addition,
- the registration facilities are generally not available from 9 p.m.
- Saturday until 5 a.m. Eastern time in the U.S. on Sunday. However,
- We may at anytime without notice or liability restrict the use of the
- Service or limit its time of availability in order to perform
- maintenance activities.
-
- We also reserve the right to immediately withdraw the Service from
- you if, in our opinion, your use of the Service is disruptive, causes
- a malfunction of the Service, violates the terms of this Agreement or
- if we receive information that the Service or your use of the Service
- (or any part thereof) may violate any copyrights or other
- intellectual property rights of ours or of any third party.
-
-
- If you connect to the Service automatically, without manually
- entering your User Identification code, you must understand that
- anyone who has access to your computer can also gain access to the
- Service and could abuse your personal registration information.
-
- 11. Country Unique Terms
-
- The following terms are country amendments to the 'Agreement for IBM
- Global Network Access to Internet Services'. All terms not
- specifically modified or deleted by these amendments remain in
- effect.
-
- 11.1 United States Unique Terms
-
- These amendments apply for any use of the Service in the United
- States.
-
- Nonrecourse
-
- Notwithstanding anything to the contrary in this Agreement, you agree
- that recourse by you for satisfaction of claims of any nature against
- Advantis or any partner in Advantis arising in connection with the
- performance of this Agreement shall be limited solely to the property
- of Advantis and not to the nonpartnership property of any of the
- partners in Advantis or the partners' direct and indirect beneficial
- owners.
-
- Governing Law
-
- For all United States customers, the laws of the State of New York
- govern this Agreement.
-
- 11.2 Canadian Unique Terms:
-
- These amendments apply for any use of the Service in Canada.
-
- Governing Law
-
- For all Canadian customers, the laws of the Province of Ontario
- govern this Agreement.
-
-
-