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- ZIFFNET(tm) AGREEMENT TERMS
-
- 1. The ZiffNet(tm) and the CompuServe Information Service (together,
- the "Service") consist of computing and information services and
- software, information, and other content provided respectively by
- Ziff-Davis Publishing Company ("Ziff-Davis ") and CompuServe
- Incorporated ("CompuServe"); (collectively, the "Providers").
- 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 the Providers and member (including its designated
- users) with respect to the Service and supersede all other
- communications and agreements with regard to the subject matter hereof.
-
- 2. Upon notice published over the Service, Providers may, individually
- or collectively, modify this Agreement, the Operating Rules or prices,
- and may discontinue or revise any or all other aspects of the Service at
- their sole discretion and without prior notice.
-
- 3. Unless otherwise agreed, member's right to use the Service or to
- designate users is not transferable and is subject to any limits
- established by the Providers, or by member's credit card company if
- billing is through a credit card.
-
- 4. Member agrees to indemnify the Providers against liability for any
- and all use of member's account.
-
- 5. Member is responsible for and must provide all telephone and other
- equipment and services necessary to access the Service.
-
- 6. Member shall pay, in accordance with the provisions of the Billing
- Option selected by member, any registration or monthly fees, connect
- time charges, minimum charges and other charges incurred by member or
- its designated users at the rates in effect for the billing period in
- which those charges are incurred, including but not limited to charges
- for any purchases made through the Service and any surcharges incurred
- while using any supplemental networks or services other than the
- Service. Member shall pay all applicable taxes related to use of the
- Service by member or its designated users. Member shall be responsible
- for all use of the Service accessed through member's or its designated
- users' password(s). Billing detail is available for premium surcharged
- services. All other extended services are accumulated and billed in
- total on a per session basis.
-
- 7. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE
- RISK. NEITHER OF THE PROVIDERS NOR ANY OF THEIR INFORMATION PROVIDERS,
- LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE
- UNINTERRUPTED OR ERROR FREE; NOR DO THE PROVIDERS OR ANY OF THEIR
- 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 OF THE PROVIDERS NOR ANYONE ELSE INVOLVED IN
- CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY
- DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
- OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY
- BREACH OF ANY WARRANTY. MEMBER EXPRESSLY ACKNOWLEDGES THAT THE
- PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY
- CONTENT.
-
- 8. Except as expressly permitted in the Operating Rules, neither member
- nor its designated users may reproduce, redistribute, retransmit,
- publish or otherwise transfer, or commercially exploit, any information,
- software or other content which they receive through the Service.
-
- 9. The provisions of paragraphs 7 and 8 are for the benefit of the
- Providers and its respective Information Providers, Licensors,
- Employees, and Agents; and each shall have the right to assert and
- enforce such provisions directly on its own behalf.
-
- 10. Subject to the terms of this Agreement, CompuServe grants to member
- a personal, non-exclusive, nonassignable and nontransferable license to
- use and display the CompuServe Information Manager software ("Software")
- on any machine(s) of which member is the primary user. Unauthorized
- copying of the Software, including software that has been modified,
- merged or included with the Software, or the written materials
- associated therewith is expressly forbidden. Member may not sublicense,
- assign or transfer this license or the Software. Any attempt to
- sublicense, assign or transfer any of the rights, duties or obligations
- under this license is void.
-
- 11. This agreement is, and shall be governed by and construed in
- accordance with the law of the State of Ohio applicable to agreements,
- made and performed in Ohio. Any cause of action of member or its
- designated users with respect to the Service must be instituted within
- one year after the claim or cause of action has arisen or be barred.
-
- 12. If Member's account is a qualified business account and approved by
- CompuServe for corporate billing, charges for the services provided
- under this Agreement will be accumulated and identified by User ID
- number and will normally be invoiced following the end of the month in
- which the service is provided. Terms of payment on all charges are net,
- ten (10) days in the currency in which billed. If any payment due
- hereunder is not made by the member within thirty (30) days after the
- invoice date, late charges of one and one-half percent (1 1/2%) per
- month shall be due and payable with respect to such payment, and the
- Providers, individually or collectively, may in addition, at their sole
- discretion and without notice to the member, (a) suspend their
- performance under this agreement and the member's and its designated
- users' access to and use of the Service, or (b) terminate this agreement
- and member's and its designated users' access to and the use of the
- Service. For accounts not approved by CompuServe for corporate billing,
- member must provide payment by credit card or direct debit.
-
- 13. Notwithstanding any acknowledgement of a member purchase order by
- Providers, any provision or condition in any purchase order, voucher, or
- other memorandum of the member which is in any way inconsistent with, or
- adds to, the provisions of this agreement is null and void. Neither the
- course of conduct between parties nor trade practice shall act to modify
- the provisions of this Agreement. If any provision of this Agreement is
- determined to be invalid, all other provisions shall remain in full
- force and effect. The provisions of paragraphs 7, 9, and 13 and all
- obligations of and restrictions on member and its designated users shall
- survive any termination of this Agreement.
-
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