COMMUNITY GUIDELINES

A. INTRODUCTION.

These Community Guidelines are provided to make online information usage and communications a positive and secure experience for Members.  Members agree during the sign-up process to the terms and conditions in these Community Guidelines.  These Community Guidelines are part of the terms of your Member Agreement with CompuServe, and you are bound by them.  The definitions used in the Member Agreement will also apply to these Community Guidelines.  CompuServe may modify these rules at any time by publishing the modified rules over the Service.  If at any time you do not agree with these Community Guidelines or any modification to them, you are entitled to exercise your right to terminate your account with CompuServe, as provided for in the Member Agreement.

B. WHO MAY USE THE SERVICE? -- RESPONSIBILITY AND SUPERVISION.

1. AGE AND ACCOUNT SETUP.  Member represents that Member is (if an individual) at least 18 years of age and has the right and ability to enter into this Member Agreement.  Member agrees that Member is responsible for installing, establishing and setting up, and for verifying and maintaining, the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information.  These account functions may be performed only by a person at least 18 years of age, without exception.

2. MULTIPLE USE OF ACCOUNT.  Multiple members of the same household may share a single account, if authorized by "primary username" holder.  By completing the registration process, you become the "primary username" holder.  CompuServe also allows you to have up to six additional "sub-account" or screen names that are used by someone else. 

3. MEMBER RESPONSIBILITY.  As the primary username holder, Member is responsible for all activity on Member's account and on any sub-accounts, and violations or warnings accrued by the sub-account can lead to termination of the primary username.  If warnings or violations are received by sub-accounts, the primary username will also receive notification.  You may also receive important notices about your membership from time to time that may not be provided to the sub-accounts, so it is important for Members to regularly check their primary username mailboxes.  Because Members are responsible for all use of their accounts, they should supervise the use of their account by others.  Member shall be responsible for all access to and use of the Service through Member's account or password(s).  However, Member shall not be responsible for the illegal use of Member's account by persons who do not have Member's permission to use Member's account, provided such illegal use does not result from participation by Member or a permitted user of Member's account in such use nor from a violation of this Member Agreement.  Member acknowledges that Member is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age).  Member agrees to supervise usage of the Service by minors who use the Service through Member's account, including, without limitation, the use of e-mail, "chat", "conferencing," shopping or purchasing functions and other communications features and the accessing, viewing and other use of the World Wide Web and all other Internet sites, services, products, features and content.  Member hereby ratifies and confirms any obligations a minor using Member's account (or any sub-accounts) enters into or assumes and any promises or permissions such minor makes or gives.  Member shall not disclose passwords relating to Member's account or sub-accounts (except as necessary for authorized use of the account by permitted users, as described above) and shall otherwise use due care to prevent unauthorized access to Member's account and sub-accounts.

4. CORPORATE BUSINESS ACCOUNTS.  If Member's account is a qualified business account and approved by CompuServe for corporate billing, charges for the services provided under this Member Agreement will be accumulated and identified by the primary username 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 CompuServe may, in addition, at its sole discretion and without notice to the Member, (a) suspend its performance under this Member Agreement and the Member's and its designated users' access to and use of the Service, or (b) terminate this Member Agreement and Member's and its designated users' access to and use of the Service.  For accounts not approved by CompuServe for corporate billing, Member must provide payment by credit card or other billing mechanism approved by CompuServe.  Notwithstanding any acknowledgement of a Member purchase order by CompuServe, 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 Member Agreement is null and void.

C. SOFTWARE LICENSE.

Subject to the terms of this Member Agreement, CompuServe grants to Member a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided by or on behalf of CompuServe for purposes of accessing the Service ("Software") or any machine(s) of which Member is the primary user or which Member authorizes for use.  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 except as permitted by CompuServe.  Any attempt to sublicense, assign or transfer any of the rights, duties, or obligations under this license is void.

D. COPYRIGHT AND LEGAL COMPLIANCE.

Copyrights material may not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize to give such permission.  Only the owners themselves, plus any persons so authorized, may upload copyrighted material to the Service.
Member may view, download and similarly process, for Member's own use, content that is on the Service and for which such functionality is available from CompuServe.  Except as expressly provided for by copyright law, copying, distribution, display, performance, modification and publication of copyrights material must be with the express permission of CompuServe and the owner(s) or such authorized person(s), if the owner is other than CompuServe.  Permission must be specified in a document or on the Service, and must be obtained directly from CompuServe and the owner(s) or such authorized person(s), if the owner is other than CompuServe.  In any use of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.  Software or tools downloaded or otherwise available through access to or use of the Service may not be reverse engineered or otherwise tampered with unless specifically authorized by the owner of the rights in the software or tools.
Any Member may upload public domain material to the Service.  Any Member may download public domain material for Member's own use or non-commercially redistribute such public domain material.  Member is responsible for and assumes all risks regarding the determination of whether material is in the public domain.

E. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE.

1. PROHIBITED CONDUCT.  Member agrees not to upload, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content:  (a) which violates or infringes upon the rights of any other; (b) which, under the circumstances and in CompuServe's good faith judgment, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, offensive or inappropriate; (c) which constitutes a threat to, harassment of, or stalking of another; (d) which adversely affects the performance or availability of the Service or CompuServe resources; (e) which contains any virus, worm, cancelbot, harmful component or corrupted data; or (f) which, without the approval of CompuServe, contains any advertising, promotion or solicitation of goods or services for commercial purposes.  This paragraph shall not be interpreted to restrict Member from utilizing mail services in conducting a legitimate business except that Member may not, without the approval of CompuServe, send unsolicited advertising or promotional material.  Member agrees not to intercept e-mail or engage in "spamming" or any similar conduct.

2. ILLEGAL OR COMPETITIVE PURPOSES.  Member agrees not to use the Service nor any of its elements or related facilities or capabilities to conduct any business or activity, or solicit the performance of any activity, which is prohibited by or would violate any applicable law, rule, regulation or legal obligation, nor to solicit others to subscribe to or use competitive information services or facilities.

3. COMPLIANCE WITH LAWS, OTHER RULES.  Member agrees to comply with all applicable laws, rules and regulations in connection with the Service, its use of the Service and this Member Agreement.  Member is responsible for reading and paying appropriate attention to warnings, notices and instructions presented in various areas of the Service, and shall also comply with any other rules and restrictions presented in various areas of the Service pertaining to access to or use of such areas.

F. NO ENDORSEMENT.

CompuServe does not endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other content on or made available through the Service.  None of such content should be construed or understood to constitute or reflect the views or approval of CompuServe.  CompuServe does not recommend that such content be relied on for reaching important decisions or conclusions without appropriate verification by the Member or user and, as appropriate, professional advice.

G. INTERNET.

Member acknowledges that Internet sites not created by CompuServe, and use of the Internet, might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults.  Member acknowledges that CompuServe is not responsible for any such content or material and agrees that access to same through use of the Service is at Member's sole risk.  Member acknowledges that, when using the Internet, Member often will be using a physical network other than CompuServe's network, and content distinct from that available on the Service.  The reliability, availability, legality, performance and other aspects of resources accessed through the Internet are beyond CompuServe's reasonable control and are not in any way warranted or supported by CompuServe or its third party contractors.  Member acknowledges that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it.  Member confirms that Member assumes all risk and liability of any use of the Internet through Member's account, including Member's continuous compliance with the Member Agreement.  This paragraph provides certain emphasis with respect to the Internet; it shall not be construed to imply obligations on CompuServe regarding other matters pertinent to this Member Agreement.

H. LIMITS ON TRANSFERS; OTHER LIMITS.

Unless otherwise agreed in writing, Member's right to use the Service, or to designate other users of its account or sub-accounts, is not transferable and is subject to any limits established by CompuServe, or by Member's credit card company or other billing institution, as applicable.

I. CONSTRUCTION AND DELEGATION; SURVIVAL OF PROVISIONS.

Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Member Agreement.  CompuServe may authorize or allow its contractors and other third parties to provide to CompuServe and/or to Member services necessary or related to making the Service available and to perform obligations and exercise rights of CompuServe under this Member Agreement, and may collect payment on their behalf, if applicable.  The following provisions shall survive any termination of this Member Agreement, as well as all other provisions hereof which by their nature should continue:  Copyright and Licenses; No Endorsement; Consent to Use of Data; Disclaimer of Warranties and Exclusion of Liability; Indemnity; Third Party Beneficiaries; Choice of Law and Time for Bringing Claims; Construction and Delegation and Survival of Provisions; Miscellaneous; and Entire Agreement.

J. FAIR USE.

The terms of CompuServe's "Fair Use" Policy (Keyword: TOS) shall apply to Member if Member uses the Service under CompuServe's Flat Rate Unlimited Pricing Plan or Unlimited First Month Free offers.  Member acknowledges that the "Fair Use" Policy prohibits excessively high volume usage of the Service and authorizes CompuServe to disconnect a dial-up account after periods of inactivity.

K. MISCELLANEOUS.

Where notification by CompuServe is contemplated by or related to this Member Agreement, notice may be made by any reasonable means, including, but not limited to, email or publication over the Service.  If any terms of this Member Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term.  If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Member Agreement as if it had not been included from the beginning.  In any such case, the balance of this Member Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term.  CompuServe may enforce or decline to enforce any or all of the terms of this Member Agreement in its sole discretion.  In no event shall CompuServe be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, non-enforcement or consistency of enforcement of these terms.  Captions used in this document are for convenience only and shall not be considered a part of this Member Agreement or be used to construe its terms or meaning.