From tomj@fido.wps.com Mon Dec 20 12:25:00 1993 Received: from fido.wps.com by tlg.org (8.3/wps.com-hackery) id MAA04118; Mon, 20 Dec 1993 12:24:09 -0800 Received: by fido.wps.com (5.67/wps.com-hackery) id AA11614; Mon, 20 Dec 93 11:52:06 -0800 Received: by fido.wps.com (5.67/wps.com-hackery) id AA19929; Thu, 16 Dec 93 22:40:04 -0800 From: Susan Young To: rgnet@psg.com Cc: syoung@icm1.icp.net Date: Thu, 16 Dec 93 17:49:26 -0500 Subject: SprintLink Terms and Conditions Message-Id: <9312162249.AA12114@icm1.icp.net> X-L2L: psg.com X-L2L: wps.com Sender: tomj@fido.wps.com Status: OR TERMS AND CONDITIONS The Following terms and conditions govern SprintUs provision of SprintLink Products and Services (RProducts and ServicesS) to Customer. The Term RProducts and ServicesS is limited to the equipment, facilities, programming or software provided by Sprint to facilitate SprintLink Services but does not include special access lines which may be utilized with the SprintLink Services. If Products and Services are or become subject to a tariff filed with the Federal Communications Commission or any other regulatory institution (RTariffS), the terms and conditions of such Tariff, including rates, shall govern CustomerUs use of the Products and Services. 1. Term The initial Term begins on the first day of the month following SprintUs installation of equipment of facilities, or acceptance of previously installed equipment or facilities, according to SprintUs then current policy. The Term for Products and Services (RTermS) will be stated on the SprintLink Order for Data Communications Services (ROrderS) and shall automatically renew for successive ninety (90) day Terms, regardless of the Term of the original Order, unless (1) Customer or Sprint notifies the other by thirty (30) days written notice that it does not wish to renew, or (2) Customer renews a long-term Order for the same or a different Term by executing a new Order no less than thirty (30) days prior to the end of the current Term, or (3) Customer converts an automatic renewal Term to a Long-Term Order by executing a new Order. A RLong-TermS Order is one whose Term is one year or longer. 2. Rates Rates are as set forth on CustomerUs Order, Sprint will provide sixty (60) daysU written notice of increase in base prices. In the event of increases in base prices, Customer has Fourteen (14) days from the date of the effective increase to provide Sprint Contracts Administration with a written request to terminate service and incur no termination liability. Otherwise, CustomerUs existing Orders will be billed according to the new base prices. Customer will be responsible for all charges for up to thirty (30) days from the date notice is received. Discount percentages, if applicable, are fixed for Long-Term Orders. For all other Orders and upon renewal of Long-Term Orders, the discount percentage(s) are subject to change upon sixty (60) days prior written notice. 3. Payment Customer agrees to pay all charges incurred. Charges shall be invoiced monthly and payment in US currency shall be due upon receipt. Interest charges of 1 3/4 percent per month or the highest rate permitted by law will accrue daily on all amounts not paid within thirty (30) days of the date of the invoice. Customer will pay all sales and use taxes, as well as duties or levies, on Products and Services. Customer agrees to pay all charges according to SprintUs then current Cancel Before start Policy and Billing Initiation Policy. 4. Termination To terminate Products and Services, Customer must provide Sprint with thirty (30) days prior written notice. In the event of early termination of any Long-Term Order, Customer will pay a lump sum equal to one hundred percent (100%) of the monthly base price for each service terminated for the unexpired portion of the TermUs first year plus fifty percent (50%) of the monthly base price for each service terminated for each month remaining in the Term. Customer will not be liable for termination charges if Products and Services of the same or greater monthly base price and term is ordered at the same time as the notice of termination is received. 5. Rights and Obligations of Customer A. Customer shall at its own expense provide all necessary preparations required to comply with SprintUs installation and maintenance specifications, shall be responsible for the costs of relocation of Products and Services once installed by Sprint, and shall provide to Sprint and to suppliers of communications lines reasonable access to CustomerUs premises to perform any acts required by this Agreement. B. Customer shall properly use equipment provided by Sprint and shall surrender the equipment to Sprint upon termination. Customer shall be liable for damages to Products and Services caused by the negligence or willful acts of CustomerUs officers, employees, agents or contractors for loss through theft or vandalism of Products and Services on CustomerUs premises, and for damages caused by the use of equipment or supplies not provided by Sprint. C. Customer shall neither permit or assist others to use Products and Services for any purpose other than that for which they are intended; fail to maintain a suitable environment as specified by Sprint; or alter, tamper with, adjust or repair the Products and Services. In the event of such alterations, tampering, adjustments or repairs by Customer, Sprint shall be completely released from any liability or obligation (including any warranty or indemnity obligation) to Customer relative to the Products and Services; and Customer shall be liable to Sprint for costs or damages incurred by Sprint. D. Customer shall not nor shall it permit or assist others to abuse or fraudulently use Products and Services, including but not limited to the following: 1. Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment; 2. Accessing, altering, or destroying any information of another Sprint Customer by any fraudulent means or device, or attempting to do so; or 3. Using Products and Services so as to interfere with the use of the Sprint network by other customers or authorized users; or in violation of the law or in aid of any unlawful act. 6. Equipment or Software not Provided by Sprint A. Sprint shall not be responsible for the installation, operation or maintenance of equipment or software not provided by Sprint; nor shall Sprint be responsible for the transmission or reception of information by equipment or software not provided by Sprint. B. Customer shall be responsible for the use and compatibility of equipment or software not provided by Sprint. In the event that Customer uses equipment or software not provided by Sprint which impairs the Customer's use of Products and Services, Customer shall nonetheless be liable for payment for Products and Services. Upon notice from Sprint that the equipment or software not provided by Sprint is causing or is likely to cause hazard, interferences or service obstruction, Customer shall eliminate the likelihood of hazard, interference or service obstruction. Customer shall if necessary pay Sprint to troubleshoot difficulties caused by equipment or software not provided by Sprint. C. Sprint shall not be responsible if any changes in Products and Services cause equipment or hardware not provided by Sprint to become obsolete, require modification or alteration, or otherwise affect performance of equipment or hardware not provided by Sprint. D. The following terms apply specifically to scenarios where the customer provides the router that will interface to SprintLink. Sprint includes the terms and conditions so that Sprint can control the performance of SprintLink on an end-to-end basis and protect the SprintLink network. SprintUs intent is to manage the router on a cooperative basis with the customer. 1. Sprint reserves the right to allow or refuse the make, model and or software revision of customer-provided router to be used as the gateway to SprintLink. 2. Sprint and the customer will cooperatively set the initial configuration for the routerUs interface into SprintLink. 3. The customer must permit Sprint to access the routerUs SNMP variables, and the customer must, at SprintUs request, permit one or more Sprint network management systems to be the recipient of SNMP TRAP messages. 4. The customer must offer Sprint read/write access to the routerUs configuration tables. Either the customer or Sprint can administer the access controls (i.e., login and password) to the router's configuration editor. Sprint will only modify that part of the routerUs configuration which controls the interface into the SprintLink network. 7. Rights and Obligations of Sprint A. Sprint shall install, operate and maintain Products and Services. Sprint shall not be responsible for cabling that connects equipment not provided by Sprint to Sprint Products and Services. B. Sprint warrants that Products and Services will be in good working order and will conform to SprintUs service specifications upon the date installed. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. CustomerUs sole remedy for performance or non-performance of Products and Services pursuant to SprintUs service specifications shall be repair or replacement of the Products and Services. D. Sprint shall not be liable, either in contract or in tort, for protection from unauthorized access of CustomerUs transmission facilities or Customer premise equipment; or for unauthorized access to or alteration, theft or destruction of CustomerUs data files, programs, procedure or information through accident, fraudulent means or devices, or any other method, even should such access occurs as a result of SprintUs negligence. E. Sprint shall not be liable for claims or damages caused by CustomerUs fault, negligence or failure to perform CustomerUs responsibilities; claims against Customer by any other party; any act or omission of any other party furnishing products or services; or installation or removal of equipment furnished by any service provider or Sprint, except where caused by the gross negligence of Sprint. F. For any other claim, CustomerUs damages, if any, shall be limited to those actually proven as directly attributable to Sprint, subject to the following limitation: Sprint will not be liable under any circumstances for any lost profits or other consequential damages, even if Sprint has been advised of the possibility of such damages. SprintUs liability for damages to Customer for any cause whatsoever, regardless of the form of action, and whether in contract or in tort, including negligence, shall be limited to the lesser of $100,000 or the monthly charges paid for Products and Services from the date damages were incurred, but in no event more than twelve (12) monthUs charges for the Products and Services that cause the damage G. Upon default by Customer, Sprint may terminate Products and Services and retake possession of Products and Services (before, during or after action to recover sums hereunder), in which case Customer shall provide Sprint full and free access to Products and Services for this purpose, retain all payments made hereunder, and recover charges and costs owed by Customer as well as any other damages Sprint may have sustained because of CustomerUs default. RDefaultS shall mean where Customer becomes subject of a voluntary or involuntary bankruptcy, insolvency, reorganization or liquidation proceeding; makes an assignment for the benefit of creditors; admits in writing its inability to pay debts when due; or fails within ten (10) days after written notice to remedy any breach of these Terms and Conditions. 8. Proprietary Rights and Information Protection A. Where Customer utilizes Products and Services containing programming or software. Sprint grants to Customer a non-exclusive and non-transferable license to use such programming or software for the sole purpose of enabling Customer to use such Products and Services. B. Title and property rights including all intellectual property rights to Products and Services are and shall remain with Sprint, whether or not embedded in the programming or software. C. Customer recognizes that Products and Services, programming and software used hereunder constitute valuable trade secrets of Sprint. Customer shall use its best efforts to protect and keep confidential all programming and software used by it and shall make no attempt to examine, copy, alter, R"reverse" engineer,S tamper with, or otherwise misuse such Products and Services programming and software. 9. Indemnities A. If promptly notified in writing of any action brought against Customer based on a claim that Products and Services used by Customer infringes a United States patent or copyright, Sprint will defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded in such action or resulting settlement. In the event that a final injunction is obtained against Customer prohibiting use of Products and Services of any part thereby by reason of infringement of a United States patent or copyright, Sprint will at its option either: 1. At its expense, procure the right for Customer to continue using the Products and Services: or 2. Procure alternative Products and Services which furnish the same or similar functionality; or 3. Direct Customer to return such Products and Services to Sprint at SprintUs expense, and in such event, the Order relating to such returned Products and Services shall terminate and any prepaid charges will be refunded to Customer. B. Sprint will be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees, caused by: 1. Negligent acts or omissions of officers, employees, agents or contractors of Customer which arise out of or are caused by the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by Sprint which are connected or are to be connected to Sprint Products and Services and which result in claims and demands for damages to property or for injury or death to persons including payments made under any WorkerUs Compensation Law or under any plan for employeeUs disability or death benefits: 2. Claims for liable, slander, invasion of privacy of infringement of copyright, and invasion and/or alteration of private records or data arising from any information, data or message transmitted over the network by Customer, and 3. Claims for infringement of patents arising from the use of equipment and software, apparatus and systems not provided by Sprint in connection with Products and Services. 10. General A. Customer shall not assign or transfer the Order without the prior written consent of Sprint. Sprint may however assign this Agreement to its parent company or an affiliate with 30 days notice. B. Sprint will not be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes or other concealed acts of workmen (whether of Sprint or others), casualties, accidents or other occurrences beyond SprintUs control Sprint shall notify Customer in the event of any of the foregoing occurrences. Should such occurrence continue for more than sixty (60) days, Sprint or Customer may cancel the Order for the affected Products and Services with no further liability. C. The provision of Products and Services by Sprint is subject to SprintUs continuing approval of CustomerUs credit-worthiness. Customer shall furnish financial information as Sprint may from time to time request to determine CustomerUs credit-worthiness. D. Any legal action arising out of failure, malfunction or defect in Products and Services shall be brought within one (1) year of the occurrence or is deemed waived. E. These Terms and Conditions may not be modified except by written amendment by the parties. No agent, employee or representative of Sprint or Customer has authority to bind the parties to any representation or warranty unless such is specifically included in these Terms and Conditions, the Order, or written amendments thereto. F. Notice to the parties of disputes arising under this Agreement shall be sent by registered mail to the parties to the address shown on the most recent Order. All other notices may be sent by regular mail. Notice to Sprint shall be to: Sprint 13221 Woodland Park Road Herndon, Virginia 22071 Attention: Contracts Administration G. All orders subject to Acceptable Use Policy attached to this Agreement. H. This Agreement shall be governed by the laws of the State of Kansas. NSFNET ACCEPTABLE USE POLICY The purpose of NSFNET is to support research and other scholarly activities in the US by providing access to unique resources and the opportunity for collaborative work. This statement represents a guide to the acceptable use of the NSFNET backbone. It is only intended to address the issue of use of the backbone. It is expected that the various mid-level networks will formulate their own use polices for traffic that will not traverse the backbone. (1) All use must be consistent with the purposes of NSFNET. (2) The intent of this policy is to make clear certain uses which are consistent with the purposes of NSFNET, not to exhaustively enumerate all such possible uses. (3) The NSF NSFNET Project Office may at any time make determinations that particular uses are or are not consistent with the purposes of NSFNET. Such determinations will be reported to the NSF Networking and Research and Infrastructure Division Advisory Panel and to the user community. (4) If a use is consistent with the purposes of NSFNET, then activities in direct support of that use will be considered consistent with the purposes of NSFNET. For example, administrative communications for the support infrastructure needed for research and instruction are acceptable. (5) Use in support of research or instruction at not-for-profit institutions of research or instruction in the United States is acceptable. (6) Use for a project which is part of or supports a research or instruction activity for a not-for-profit institution of research or instruction in the United States is acceptable, even if any or all parties to the use are located or employed elsewhere. For example, communications directly between industrial affiliates engaged in support of a project for such an institution is acceptable. (7) Use for commercial activities by for-profit institutions of research or instruction in the United States is acceptable. (8) Use for research or instruction at for-profit institutions may or may not be consistent with the purposes of NSFNET, and will be reviewed by the NSF Project Office on a case-by-case basis.