Fill and Sign the Netscape Communicator Tutorial Oregon State University Form

-1- 8.08 Form: Internet Access Agreement Editor's note: Agreements such as this are typically displayed in a window or a Web page containing a button or icon at the end which a user must click to indicate that he or she has read, understands, and agrees to the terms of the Agreement. The user should not be permitted to proceed until assent to the agreement is indicated by clicking on such a button. 1. Registration and Use Welcome to XYZ ("XYZ") Internet access service, ("XYZ" or "Service"). XYZ shall provide you with XYZ Internet under the terms and conditions embodied in this Agreement (the "Agreement"). XYZ may, from time to time, notify you of changes or additions to this Agreement, and your continued use of XYZ Internet after XYZ so notifies you will signify that you agree to such changes or additions. You agree that this Agreement is personal to you and that you will not knowingly allow more than __________ (__) other individuals in your immediate family, household or business to use the enclosed login name or password to access your XYZ Internet account (the "Account") without prior written approval from XYZ, provided, however, that only you or one other such individual may use your account at any particular time and you may not resell or redistribute any portion of the Service or provide access to your Account to any third party for financial gain. You agree to provide to the individuals referenced in the preceding sentence a copy of this Agreement and to inform them that their use of XYZ Internet is subject to the terms and conditions hereof. You agree -2- that you are fully responsible for such individuals' conduct while using XYZ Internet, and for any consequences if such individual misuses the Service, violates this Agreement, or accesses material or information which you feel is obscene or otherwise objectionable. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING XYZ INTERNET. BY USING THE ENCLOSED LOGIN NAME AND PASSWORD TO ACCESS XYZ INTERNET, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND XYZ SHALL CONTINUE IN FULL FORCE AND EFFECT AND YOUR USE OF SOFTWARE, IF ANY, RECEIVED FROM XYZ SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF SUCH APPLICABLE COMPUTER SOFTWARE LICENSE AGREEMENTS. 2. Fees and Payment Regardless of whether or not you use the service, XYZ will charge you standard monthly fees for your XYZ Internet account. Any and all charges will appear on your monthly credit card statement. XYZ Inter-net charges may vary from time to time, depending on the length of time you are logged on to XYZ Internet in any given calendar month, as well as on other factors. XYZ reserves the right to change its fees at any time for any reason, provided, however, that whenever possible, XYZ will give you reasonable notice of such change. From time to time, XYZ may add or modify certain services relating to XYZ Internet, and XYZ reserves the right to charge you additional or different -3- fees in consideration for providing such new or modified services to you. You will also be liable for all attorney and collection fees arising from efforts to collect any unpaid balances on your Account. 3. Uncensored Internet Access YOU UNDERSTAND THAT XYZ PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS ON THE INTERNET CREATED AND MAINTAINED BY UNAFFILIATED THIRD PARTIES. XYZ EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL XYZ BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH XYZ INTERNET. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET GENERALLY. XYZ DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THIS XYZ INTERNET SITE. 4. Termination of Service You may terminate your Account by calling (___)___-____, but you will remain liable for all charges accrued until your password has been deactivated, including full monthly charges for the month during which the Termination Date occurred. XYZ may modify, suspend or terminate this Agreement or the Account at any time and for any reason without prior notice to you and without refunding any fees you have paid to XYZ. XYZ reserves the right to require you to change your login name or password, and to delete any or all program -4- or data files associated with the Account upon termination of this Agreement. 5. Disclaimers of Warranty XYZ INTER.NET SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF XYZ INTERNET IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF XYZ INTERNET AND THE INTERNET GENERALLY. IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH XYZ INTERNET OR ON THE INTE ,RNET GENERALLY. NEITHER XYZ, NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSENMNTS, EXPRESS OR IMPLIED, WITH REGARD TO XYZ INTERNET OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH XYZ INTERNET OR ON THE INTERNET GENERALLY, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS TITLE, NON- INFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY MATERIALS ACCESSED THRQUGH XYZ INTERNET. XYZ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6. Limitation of Liability XYZ WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH XYZ INTERNET OR THE INTERNET -5- GENERALLY, OR YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON XYZ INTERNET, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF XYZ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL XYZ'S LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR XYZ INTERNET EXCEED THE GREATER OF XYZ INTERNET CHARGES INCURRED BY YOU DURING THE __________ (__) MONTH(S) IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION OR __________ ($__________ ) THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. You understand that if you become dissatisfied with the Service, your sole and exclusive remedy will be to discontinue the Service in accordance with Section 4 of this Agreement. 7. Privacy Your communications with and through XYZ Internet will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, XYZ will attempt to preserve the confidentiality of such communications. However, you agree that XYZ has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect -6- itself or its subscribers. XYZ has no obligation to monitor XYZ Internet. However, XYZ reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement. You understand and agree that, unless you notify XYZ to the contrary in writing, XYZ may publish your name and other information in directories which may be accessed by third parties. 8. System Rules You agree to be bound by rules which are important for the proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by XYZ, may result in XYZ terminating this Agreement and your Account. You agree to the following rules: (i) except as otherwise provided herein, you will not tell others your password or let your Account be used by anyone except yourself, (ii) you will not attempt to, or cause others to attempt to, log in more than once at the same time on your Account without specific permission from XYZ; (iii) you will not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind; (iv) you will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such rights; (v) you will not use our Service to commit a crime, or to plan, encourage or help others to commit a crime; -7- (vi) you will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes; (vii) you will not post or transmit any advertising, promotional materials or any other form of solicitation (XYZ reserves the right, in XYZ's sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation); (viii) you will not post a single item to more than __________ (__) newsgroups or mailing lists or other similar groups or lists; (ix) you will not post to any newsgroup or mailing list or other similar groups or lists, items which are off-topic (e.g., off-topic according to the charter of the newsgroup or mailing list or other similar groups or lists or if the item provoked complaints from regular readers of the newsgroup or mailing list or other similar groups or lists for being off-topic); (x) you will not send unsolicited mass e-mailings; (xi) you will not violate the terms and conditions and operating rules of any other interactive service, including, without limitation, other newsgroups and mailing lists or other similar groups or lists and World Wide Web sites; (xii) you will not post or transmit any private e- mail to any newsgroup or mailing list or other similar groups or lists without the explicit approval of the sender; and (xiii) you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. -8- 9. Indemnity You agree to defend and indemnify and hold harmless XYZ and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses claims, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Service, regardless of the type of claim or nature of the cause of action. 10. Proprietary Rights By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, "Communications") in or through XYZ Internet, you are granting to XYZ a perpetual, worldwide license (the "License") to use, copy, modify, adapt or document such Communications. XYZ shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The License does not, however, grant XYZ any ownership rights in or to your Communications. You shall have no recourse against XYZ for any alleged or actual infringement of any proprietary rights to which you may claim ownership. XYZ or our suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the Internet generally. XYZ's ownership rights in the Service include, but are not limited to, -9- the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we or our suppliers own, or (ii) any service, information or materials supplied by a third party content provider and which you may access through XYZ Internet. 11. Miscellaneous This Agreement constitutes the entire agreement between XYZ and you with respect to the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of __________, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in __________, __________. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. You may not assign this Agreement or your rights or obligations -10- hereunder without the prior written consent of XYZ. ___ I ACCEPT ___ I DO NOT ACCEPT