System/User Contract

A:  INTRODUCTION

We start every new caller relationship with a contract.  It spells out
what you can expect from us, and what we expect from you.  We do not
know each caller personally, so it is important to set out the ground
rules in advance.

If you agree to what you read below, welcome to Kewl! BBS !!!
Membership information is located in the 'BBS Information Center'.

If you have any questions about any part of the contract, please send
e-mail to the Sysop about it.  We will be glad to explain why these
contract provisions are important for our system.

Please remember, unless you agree to the contract you will not obtain
full access to our system.


B:  ACCESS AND SERVICES

Paid members have unlimited user access to teleconference, forums,
Internet e-mail, file libraries, games, polls and any other module
Kewl! BBS provides.  Demo (unpaid >>> HOURLY, SERVANT, etc.) accounts
receive limited user access to the above services.  New users
(UNVALidated) accounts have no access to anything except viewing the
'BBS Information Center', writing e-mail to Sysop and validating.

We may change or discontinue certain access or services on our system
from time to time.  We will try to let you know in advance about such
changes when feasible.


C:  PRICE AND PAYMENT

Membership information is listed within the 'BBS Information Center'
menu.  Just press "I" from the Main Menu (TOP) or by typing /go rates
for local dialup rates or /go intrates for rate plans for users
accessing us via the Internet from any prompt.

We reserve the right to change the membership prices at any time.  We
will make every attempt to give existing members one months notice of
any change.  All price changes will be announced in opening screen
bulletins and by e-mail.

We reserve the right to suspend and/or terminate any membership
account for any reason at any time at our discretion.

In the event of unannounced system downtime, there are NO REFUNDS for
lost time.  We do our best to maintain the highest quality service,
but occasionally forces beyond our control can make our network
unavailable for limited amounts of time.


D:  SYSTEM RULES

Besides payment, the only thing we ask from you is that you follow
the rules we set for use of the system.  You will find our rules in
two places: in the following list here in the contract, and in the
bulletins posted at various points on the system.

Here are some of the basic rules for our system:

Respect other callers of the system.  Feel free to express yourself,
but do not do anything to injure or harm others.  In particular, if
you dislike someone else's ideas, you can attack the ideas, BUT NOT
THE PERSON.

We want people to speak freely on our system.  But if you misuse that
freedom to abuse others, we will take the liberty of cutting that
discussion short.

DON'T use our system for anything that is or may be illegal.  This
system may not be used to encourage anything to do with illegal
drugs, gambling, child pornography, beastiality, prostitution,
robbery, spreading computer viruses, cracking into private computer
systems, software infringement, trafficking in credit card codes, or
other crimes.


E.  PRIVACY

We offer you private electronic mail on our system as a service to
our callers.  We will endeavor to keep all of your e-mail private,
viewable only by you and the person to whom you address it, EXCEPT:

We, as System Operators, may need to look at your electronic mail if
we believe it is necessary to protect ourselves or other callers from
injury or damage.  For example, if we have any reason to believe a
caller is involved in illegal activities, which could create a risk
that our system could be seized by the authorities, we will review
their electronic mail for our own protection.  We will not, however,
monitor electronic mail unless we believe it's being abused.

We will not deliberately disclose electronic mail to other callers.
If we believe certain electronic mail is connected with illegal
activities, we may disclose it to the authorities to protect our
system, ourselves and other callers.

Remember that the person to whom you send electronic mail does not
need to keep it secret.  The sender or receiver of electronic mail
has the right to make it public.

If the authorities ever search or seize our system, they may gain
access to your private electronic mail.  In that case, we cannot
assure they will not review it.  Remember that you have personal
rights of privacy that even the government cannot legally violate,
though you may have to go to court to enforce these rights.


F:  EDITORIAL CONTROL

We want our system to be a worthwhile place for all our callers.
This does not mean everyone can do whatever they choose on this
system, regardless of its effect on others.  It is our job to
accommodate the common needs of all callers while striving to meet
our own goals for the system.

We do not monitor all messages and file transfers.  However, if we
see (or are told about) messages or other activities that violate the
rules, threaten the order or security of the system, or use the
system in ways we do not agree with, we will take appropriate action.

Our editorial control includes normal housekeeping activities like
changing subject headers and deleting profanities in public messages
and selecting among uploaded files for those we wish to make
available for download.  It also goes beyond that.

If a caller persists in posting messages or transferring files that
we have previously warned should not be on the system, those messages
will be deleted, and the account will be locked out.  If we discover
any caller violating the rules, especially the prohibition against
illegal activities, we will act firmly and swiftly.  Depending upon
the circumstances, the caller involved will be warned, or simply
locked out.  If the caller has done anything to put us or other
callers in jeopardy, we will contact the proper authorities.

We do not plan on doing any of these things.  If all callers act with
respect and regard for us and for other callers, there will never be
any problems.  But, if problems arise, we will assert control over
our system against any caller who threatens it.  And in this
System/User Contract, you acknowledge that control.


G.  OWNERSHIP OF MATERIALS

You shall retain all rights to all original messages you post and all
original files you upload.  Likewise, you must respect the ownership
rights of others in their own messages and files. You may not post or
upload any messages or files unless you own them, or you have full
authority to transmit them to this system.


H:  LIMITATION OF LIABILITY AND INDEMNITY

The great danger for us, and for all operators of bulletin board
systems, is that we might be held accountable for the wrongful
actions of our callers.  If one caller libels another caller, the
injured caller might blame us, even though the first caller was
really at fault.  If a caller uploads a program with a computer
virus, and other callers' computers are damaged, we might be blamed
even though the virus was left on our board by a caller.  If a caller
transfers illegal credit card information to another caller through
private electronic mail, we might be blamed even though we did
nothing more than unknowingly carry the message from one caller to
another.

We did not start this system to take the blame for others' actions,
and we cannot afford to operate it if we must take that blame.
Accordingly, we need all callers to accept responsibility for their
own acts, and to accept that an act by another caller that damages
them must not be blamed on us, but on the other caller.  These needs
are accomplished by the following paragraph:

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN
CONNECTION WITH OUR SYSTEM OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.  IN ADDITION, YOU
AGREE TO DEFEND AND INDEMNIFY US AND HOLD US HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES,
LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS FEES)
RELATING TO ANY ACTS BY YOU OR MATERIALS OR INFORMATION TRANSMITTED
BY YOU IN CONNECTION WITH OUR SYSTEM LEADING WHOLLY OR PARTIALLY TO
CLAIMS AGAINST OUR SYSTEM BY OTHER CALLERS OR THIRD PARTIES.


I:  CHOICE OF LAW

Our bulletin board system can be reached by callers from all fifty
states, and around the world.  Each of these places has a different
set of laws.  Since we cannot keep track of all these laws and their
requirements, you agree that the law of our own state (CALIFORNIA)
will apply to all matters relating to this System/User Contract and
to our bulletin board system. In addition, you agree and consent that
if you ever take legal action against us, the courts of our own
state, CALIFORNIA, will have exclusive jurisdiction over any such legal
actions.


J:  GENERAL

This System/User Contract is the entire understanding between you and
us regarding your relationship to our bulletin board system, the
Sysops and the users.  If either you or we fail to notify the other
of any violations of this agreement, this will not mean that you or
we cannot notify the other of future violations of any part of this
agreement.

By establishing or having already established an account on this
bulletin board service and/or by paying for a membership on this
bulletin board service, you acknowledge that you have read and agree
to this System/User Contract.

Please direct any questions to the Sysop.

                                         -Kewl! BBS

Updated 5/04/1999