211 lines
10 KiB
Plaintext
211 lines
10 KiB
Plaintext
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TERMS AND CONDITIONS OF USE
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FOR PC PURSUIT(R) ACCESS SERVICE
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These terms and conditions govern your use of Sprint's PC
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Pursuit(R) access service:
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1. PC PURSUIT
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(A) The PC Pursuit(R) access service allows you to use Sprint's Public
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Data Network (PDN) 24 hours a day to access any domestic database, bulletin
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board system or other online computer system which is accessible via the PC
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Pursuit network, and as listed on the Schedule titled Current Access Codes.
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(B) The PC Pursuit Network includes those Hosts, "Outdial Cities" (as
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listed on the Schedule titled Current Access Codes) and supported local
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exchanges. The Netline Exchange provides a listing of the local exchanges
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supported out of each "Outdial City" and is updated from time to time.
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(C) You agree to access and use these databases, bulletin boards and
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other online systems only in the manner permitted by them.
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(D) Sprint is not liable or responsible for any claim or other action
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against you by a third party, including owners of online computer systems that
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you are not authorized to access or other action taken against Sprint by a
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third party based on your unauthorized use of or access to any database or
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bulletin board.
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2. COST OF PC PURSUIT ACCESS SERVICES
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(A) There is a one-time registration fee and a fixed monthly membership
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fee based on the membership selected (please refer to the current PC Pursuit
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Rate Schedule) for PC Pursuit(R) access service billed when Sprint receives
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and processes your order for the service. You will be billed on a prorated
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basis for the monthly membership fee for the month in which your order is
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accepted and for each month that you have PC Pursuit(R) access service. An
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individual may not hold more than one membership.
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(B) The monthly membership fee entitles you to use PC Pursuit(R) access
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services, not to exceed the membership limit, between the hours of 6:00 P.M.
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and 7:00 A.M., prevailing local time, determined by the location of the
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Sprint access centers used to access the networks, Monday through Thursday,
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and from 6:00 P.M. Friday to 7:00 A.M. Monday, and all day New Year's Day,
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July 4th, Labor Day, Thanksgiving and Christmas Day. The prevailing local
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time designated above may not be the same as that in which the caller is
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located. Non-prime time charges will apply for usage at the cost indicated
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on the PC Pursuit Rate Schedule. Usage is rounded to the nearest minute for
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purposes of calculating the total usage on each connection.
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(C) Non-prime usage exceeding the hours associated with the
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membership selected by the user and prime-time PC Pursuit usage between 7:00
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A.M. and 6:00 P.M., prevailing local time, Monday through Friday, will be
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billed at the rates indicated on the PC Pursuit Rate Schedule.
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(D) There will be a fee for issuing a new ID/password, to replace your
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original one.
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(E) The registration fee and monthly membership fees will be billed
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according to the payment option selected at the time of registration provided
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to you by Sprint when you signed up for PC Pursuit. Your use of PC Pursuit
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is subject to approval of the payment option selected.
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(F) There may be charges to you for the use of the online computer
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systems to which you gain access through PC Pursuit. These charges, if any,
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will be billed to you by those operating the online computer systems and not
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by Sprint.
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3. HARDWARE
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To use PC Pursuit, you must have a modem and either a computer or a
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terminal. You are responsible for obtaining and maintaining the appropriate
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equipment. Sprint is not responsible for the proper functioning of your
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equipment.
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4. TERM OF AGREEMENT
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This Agreement will be effective from the date you are assigned an
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ID/password by Sprint. Either party may cancel the use of PC Pursuit service
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and terminate this Agreement by giving the other party thirty (30) days
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written notice as described in Section 8.(F) or you may cancel by calling the
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number listed in Section 8.(G).
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5. TERMINATION
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Sprint shall have the right to terminate your use of PC Pursuit
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immediately and without notice to you in the event:
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(A) Sprint has been notified that your credit card has been
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suspended or revoked;
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(B) you have used or your PC Pursuit account has been used in a fashion
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injurious to other PC Pursuit or Sprint customers, to violate any of
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Sprint's Rules and Regulations, or in violation of any of the terms and
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conditions of this Agreement;
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(C) you have attempted or your PC Pursuit account has been used to
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attempt to access or has accessed an address or exchange which is outside of
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the PC Pursuit Network;
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(D) you have assigned or transferred your ID/password to another;
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(E) you have loaned the use of the ID/password to another, unless that
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user is qualified under the membership plan selected;
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(F) you have resold or attempted to resell or further distribute PC
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Pursuit access services without written authorization from Sprint.
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6. USE OF PC PURSUIT(R) ACCESS SERVICE
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(A) You are responsible for all charges to your account, including
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charges incurred by authorized users or third parties who have gained
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unauthorized access to your ID/password. Sprint will change your ID/password
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immediately upon receipt of notification of unauthorized use.
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(B) PC Pursuit access services are furnished to you under the
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condition that you will not abuse them or fraudulently use them. Such use of
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the service, to be determined in Sprint's sole discretion, constitutes a
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violation subject to the termination rights set forth in paragraph 5. of this
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Agreement.
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(C) The services furnished under this agreement shall not be used in
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any way which would be a violation of any law or which would assist anyone in
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the violation of any law.
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(D) All inquiries with regard to service malfunction shall be via the
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Netline Exchange bulletin board which is routinely reviewed by PC Pursuit
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product management. Response to such inquiries shall be provided through the
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bulletin board as soon as reasonably possible.
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7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES; INDEMNIFICATION
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(A) Sprint makes no warranties of any nature or kind, whether express
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or implied for the service provided by Sprint or its equipment, facilities or
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capacities. TELENET SPECIFICALLY DISCLAIMS ANY WARRANTY WITH REGARD TO THE
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AVAILABILITY OF PC PURSUIT(R) ACCESS SERVICE. Sprint is not responsible for
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the inability to access the service at any time. Sprint shall not be
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responsible for any damage you suffer, whether it is direct, incidental or
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consequential, and whether it is caused by mistake, omission, interruption,
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deletion of files, errors, defects, delays in operation or transmission,
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failure of performance, negligence or otherwise.
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(B) You agree to indemnify and hold Sprint harmless against any claim
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arising from the use of your ID/password which causes damage to any other
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party.
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(C) The information appearing in the bulletin boards, data bases and
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other online computer systems are provided by persons who are not affiliated
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with Sprint. You use this information at your own risk. If you provide
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information for others, you agree to indemnify and hold Sprint harmless from
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all claims with respect to the information provided. Sprint reserves the
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right to prohibit access to any bulletin board.
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(D) Sprint's liability for damages to you under this agreement shall
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be limited to the total monthly charges paid by you for the six months
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following the date the damages were incurred.
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THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
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IMPLIED, FOR THE PC PURSUIT(R) ACCESS SERVICE.
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8. OTHER PROVISIONS
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(A) Sprint is not responsible for any loss, including loss of data
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resulting from delays or interruption, due to mechanical or communications
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defects or outages, or trouble due to fires, storms, floods, strikes or other
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labor interruptions, acts of God, power shortages or outages.
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(B) If any part of this agreement is held by a court to be unenforceable
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for any reason, the remaining parts of this Agreement will remain in full
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force and effect.
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(C) This Agreement contains the entire agreement between you and Sprint
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relating to the use of PC Pursuit.
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(D) Sprint reserves the right to change the terms and conditions of
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this Agreement, including pricing changes and any sales and use taxes, duties,
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or levies imposed by any authority, government or government agency in
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connection with the usse of PC Pursuit, on thirty (30) days' written notice.
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(E) This Agreement will be governed by the laws of the Commonwealth of
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Virginia.
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(F) All notices pertaining to this Agreement and your use of PC Pursuit
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must be in writing and must be sent, postage prepaid, to the following address:
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Sprint
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12490 Sunrise Valley Drive
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Reston, Virginia 22096
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Attention: Product Marketing
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VARESA0112
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(G) Questions regarding PC Pursuit service registration can be directed
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to Telemarketing at:
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1-800-736-1130
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Effective March 25, 1992
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and supersedes all other
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versions of this agreement
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