Excerpt from Terms of Service, America On-line (AOL).

By submitting Content to any "public area" of AOL (e.g., message boards, forums, the Member Directory), you grant AOL, Inc. and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any Member and authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on AOL retains any and all Rights that may exist in such Content.

Excerpt from Terms of Service, CompuServe.

WHAT IS A COMPILATION COPYRIGHT?

CompuServe has copyrighted the contents of the CompuServe Information Service as a compilation copyright, just as many magazines and newspapers reserve such a copyright on the contents of their publications. This copyright is held in accordance with the 1976 Copyright Act of the United States.

A compilation copyright is granted when an organization collects information in a lawful way, adds value to it, and offers it to others. In this case, the CompuServe Information Service is a value-added product; CompuServe Incorporated has committed substantial financial resources to collecting more than 1700 areas on the service and offering them in an organized, structured way to a defined user base through a nationwide telecommunications network. The compilation copyright is intended to protect that substantial investment from unauthorized exploitation. This does NOT mean that CompuServe assumes ownership of individual programs and databases provided to the system by members or information providers.

IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO I STILL RETAIN OWNERSHIP OF THE PROGRAM?

Yes, you do. CompuServe's compilation copyright does NOT supersede individual ownership rights or copyrights to any of the material furnished to the Service by members or information providers.

For example, a member who creates a program and uploads it to a CompuServe forum data library STILL OWNS that program, and may upload it to other information services and bulletin board systems.

It should be noted, however, that CompuServe cannot grant any redistribution rights for materials copyrighted by the author, unless specifically authorized to do so, CompuServe does not own the material or the copyright. These rights must be obtained directly from the author.

WHAT IS COMPUSERVE'S STANCE TOWARD COPYRIGHTED, PUBLIC DOMAIN, AND SHAREWARE PROGRAMS?

Each of these types of property have special characteristics, and deserves separate explanation:

COPYRIGHTED MATERIAL

CompuServe does not allow copyrighted material to be placed on the CompuServe Information Service without the author's permission. Only the owner(s) or persons they specifically authorize may upload copyrighted material to the Service.

Any member may download copyrighted material for their own use. Any member may also non-commercially redistribute a copyrighted program with the expressed permission of the owner or authorized person. Permission must be specified in the document, on the Service, or must be obtained directly from the author. See menu choices 5,6 and 7 for more information about redistribution guidelines.

PUBLIC DOMAIN

Any member may upload public domain programs to the Service. Any member may download public domain programs for their own use or non-commercially redistribute a public domain program. See menu choices 5,6, and 7 for more information about redistribution guidelines.

SHAREWARE

Only the owner or an authorized person may upload shareware programs. Any member may download shareware programs for their own use, subject to the terms provided by the owner. Any member may non-commercially redistribute a shareware program subject to the provided terms explicitly displayed in the software itself, or with permission of the owner or authorized person. See menu choices 5,6 and 7 for more information about redistribution guidelines.

AS A COMPUSERVE MEMBER, CAN I DOWNLOAD PUBLIC DOMAIN INFORMATION AND SHAREWARE PROGRAMS FOR MY OWN USE FROM COMPUSERVE FORUM DATA LIBRARIES?

Yes, you can. Public domain information and shareware programs are uploaded to CompuServe data libraries by their authors for use by other CompuServe members.

MAY I DOWNLOAD PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES AND SHARE THEM WITH A FRIEND, OR UPLOAD THEM TO ANOTHER BULLETIN BOARD SYSTEM?

In keeping with the spirit of the development of public domain information and shareware, it is not CompuServe's current policy to prevent casual redistribution of this type of information -- this is low volume and low frequency use or redistribution of information where no commercialism is involved. This means that a member may download a file and share it with others for no commercial gain -- either via a bulletin board service, diskette, or other means.

A member may not, however, download a large number of files for redistribution via any means, nor is it acceptable for a member to update another bulletin board regularly with files obtained from CompuServe.

It's important to note that CompuServe cannot grant redistribution rights for programs clearly copyrighted by the author, unless specifically authorized to do so. Such permission must be obtained directly from the author of the program.

MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA LIBRARY?

Commercial exploitation of material contained on the CompuServe Information Service is specifically prohibited by the CompuServe Service agreement, to which each member agrees before being permitted to access the Service. Therefore, members cannot lawfully download and redistribute public information or shareware programs for personal gain.

In addition, mass redistribution of public domain information or shareware is also prohibited. Mass distribution is defined as high frequency and/or high volume transfers.

WHAT ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT OR SERVICE AGREEMENT PROVISIONS?

When a situation involving exploitation is brought to CompuServe's attention, we investigate and, if warranted, remind the violator of the Service Agreement Terms. If subsequent violations are reported, access to the CompuServe Information Service may be terminated for the violator and, in extreme cases, a letter is sent from our legal counsel asking that he or she cease and desist, or risk further legal action.

This is done as a positive step to protect the value and use of the material for CompuServe Information Service members, and to discourage unauthorized redistribution of that material.

COMPUSERVE INFORMATION SERVICE OPERATING RULES

The CompuServe Information Service (the "Service") consists of computing and information services and software, information and other content provided by CompuServe Incorporated ("CompuServe"). In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These Operating Rules are provided to make on-line information usage and communications a positive and secure experience for members.

Members agree during the on-line sign up procedure to the terms and conditions outlined in the Operating Rules.

INTRODUCTION

These Operating Rules are part of the terms of your Service Agreement with CompuServe, and you are bound by them. CompuServe may modify these rules at any time by publishing the modified rule(s) over the Service.

COMPUSERVE COPYRIGHT

The entire contents of the Service are copyrighted as a collective work under the United States Copyright laws. The copying, redistribution, or publication of any part of the Service is prohibited, except as expressly provided below.

Each member who places information, software or other content, in the public areas of the Service grants CompuServe the right to edit, copy, publish, distribute, and translate such information, software or other content. Subject to this grant, each member who places information, software or other content on the Service retains any rights member may have in such information, software or other content.

COPYRIGHTED MATERIAL

Copyrighted material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may upload copyrighted material to the Service.

Members may download copyrighted material for their own use. Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of CompuServe and the owner(s) or such authorized person(s), if other than CompuServe. Permission must be specified in the document, on the Service, or must be obtained directly from CompuServe and the owner(s) or such authorized persons(s), if other than CompuServe. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.

PUBLIC DOMAIN MATERIAL

Any member may upload public domain programs to the Service. Any member may download public domain programs for their own use or non-commercially redistribute a public domain program. Member assumes all risks regarding the determination of whether a program is in the public domain.

CONTENT & USES OF THE SERVICE

Member agrees not to publish on or over the Service any information, software or other content which violates or infringes upon the rights of any others or which would be abusive, profane or offensive to an average person, or which, without the approval of CompuServe, contains any advertising or any solicitation to use goods or services. This paragraph, however, shall not be interpreted to restrict member from utilizing CompuServe Mail in the conduct of a legitimate business except that member may not, without the approval of CompuServe, send unsolicited advertising or promotional material.

Member agrees not to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law or to solicit members to become members of other competitive information services.

EDITING AND DELETING CONTENT

CompuServe reserves the right in its sole discretion to edit or delete any information, software or other content appearing on the Service, regardless of whether it violates the standards for content.

SERVICE TERMINATION

CompuServe reserves the right in its sole discretion to suspend or terminate Service to any member at any time.

INDEMNIFICATION

Member agrees to indemnify and hold CompuServe harmless from any claims and expenses, including reasonable attorney's fees, related to member's violation of the Service Agreement, including these rules or any information, software or other content placed on the Service by the member.

STANDARD PRICING PLAN

Multiple members of the same household may share a single User ID Number. However, only one person is authorized to access the Service at any given time on one User ID Number.

COMPUSERVE ON-LINE INFORMATION SERVICE AGREEMENT TERMS

1. The CompuServe Information Service (the "Service") consists of computing and information services and software, information and other content provided by CompuServe Incorporated ("CompuServe"). In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These terms and any Operating Rules published over the Service constitute the entire and only agreement (collectively, the "Agreement") between CompuServe and member (including its designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof.

2. Upon notice published over the Service, CompuServe may modify this agreement, the Operating Rules or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.

3. Unless otherwise agreed, member's right to use the Service or to designate users is not transferable and is subject to any limits established by CompuServe, or by member's credit card company if billing is through a credit card.

4. Member agrees to indemnify CompuServe against liability for any and all use of member's account.

5. Member is responsible for and must provide all telephone and other equipment and services necessary to access the Service.

6. Member shall pay, in accordance with the provisions of the Billing Option selected by member, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by member or its designated users at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. Member shall pay all applicable taxes related to use of the Service by member or its designated users. Member shall be responsible for all use of the Service accessed through member's or its designated users' password(s). Billing detail is available for premium surcharged services. All other extended services are accumulated and billed in total on a per session basis.

7. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. NEITHER COMPUSERVE NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COMPUSERVE OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER COMPUSERVE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. MEMBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.

8. Except as expressly permitted in the Operating Rules, neither member nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive through the Service.

9. The provisions of paragraphs 7 and 8 are for the benefit of CompuServe and its respective Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.

10. Subject to the terms of this Agreement, CompuServe grants to member a personal, non-exclusive, nonassignable and nontransferable license to use and display the CompuServe Information Manager software ("Software") on any machine(s) of which member is the primary user. 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. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void.

11. This agreement is, and shall be governed by and construed in accordance with the law of the State of Ohio applicable to agreements, made and performed in Ohio. Any cause of action of member or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

12. If Member's account is a qualified business account and approved by CompuServe for corporate billing, charges for the services provided under this Agreement will be accumulated and identified by User ID number 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 agreement and the member's and its designated users' access to and use of the Service, or (b) terminate this agreement and member's and its designated users' access to and the use of the Service. For accounts not approved by CompuServe for corporate billing, member must provide payment by credit card or direct debit.

13. Notwithstanding any acknowledgment 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 agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of paragraphs 7,9, and 13 and all obligations of and restrictions on member and its designated users shall survive any termination of this Agreement.