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