Date: Wednesday, 29 March 1989 13:32-EST To: info-pursuit@uunet.UU.NET Re: price change announcement From: telenet!nessus!dkpurks@uunet.UU.NET (System Administrator) We apologize for the delay in notifying you of the new price change announcement and realize that it was to have been posted in February; however, we have spent the last month reviewing all of your comments and obtaining senior managements approval of the changes that are included in the letter below. As a result of the delay on our part, we have changed the effective date of the price change to July 1, 1989. The following letter supersedes any and all previous letters and messages regarding the PC Pursuit price change. You will receive a copy of this letter and a new set of terms and conditions in the mail. Please direct any questions you may have regarding this letter to Product Management in the Prod area of this BBS. March 29, 1989 Dear PC Pursuit Customer: The price change announcement made several months ago elicited a number of thoughtful comments and suggestions from our customers. In consideration of these, Telenet has restructured the PC Pursuit offerings. We are pleased to announce our new membership programs available for all current and new PC Pursuit customers. o Regular Membership - Includes up to 30 hours of non-prime time usage for $30 per month. o Family Membership - Includes up to 60 hours of non-prime time usage for $50 per month. Immediate members of a family may use the same ID. o Handicapped Membership - Includes up to 90 hours of non-prime time usage for $30 per month. Information regarding membership qualification will be posted on the Net Exchange Bulletin Board by May 1. All non-prime time usage hours over the membership minimums will be billed at $3.00 per hour. Any prime time hours (day-time usage) will be billed at $10.50 per hour. The fixed monthly membership minimum will be billed in arrears, therefore charges for July usage will not appear on your credit card until August or later, depending on your credit card billing cycle. The attached rate sheet provides details. We have made several improvements in our billing system in support of the new membership program. Calls of one minute or less duration will not be billed. In addition, all calls will have one minute subtracted to off-set call set up time. Telenet will begin implementing the new membership program in a matter of weeks. During April you will receive a new P.C. Pursuit ID and password. Your existing ID will be canceled on May 1, 1989. Beginning June 1st you may call our Telemarketing representatives at 1-800/835-3638 to sign up for the membership program of your choice. To assist you in choosing the appropriate program, starting in June, we will furnish call detail information to all customers with more than 30 hours of usage. There will be no additional registration fees for existing customers. You may change your membership program at any time. These new membership programs will go into effect July 1, 1989. Unless you specify otherwise, we will register you for a regular membership at that time. Enclosed please find a copy of the PC Pursuit Terms and Conditions that, beginning July 1, 1989, terminate and supersede any previous contractual terms and conditions for this service. Your use of the service after July 1 constitutes acceptance of the new terms and conditions. Telenet looks forward to providing you with an improved PC Pursuit service. Thank you for your continued support. Sincerely, Floyd H. Trogdon Vice President and General Manager Network Services PC Pursuit Rate Schedule Effective July 1, 1989 Administrative Charges: Registration Fee Payable on a one time basis when Telenet receives and processes your order. $30/order Password Change Fee Payable each time a new password is issued. $5/password Membership Fees: Regular Membership Includes up to 30 hours of non-prime time usage. $30/month Family Membership Includes up to 60 hours of non-prime time usage. $50/month Handicapped Membership Includes up to 90 hours of non-prime time usage. $30/month Access Charges: Non-Prime Hours Usage exceeding membership limits. $3/hour Prime Hours $10.50/hour Notes: 1) Non-Prime Time hours are: 6:00 P.M. - 7:00 A.M. local time Monday through Thursday; 6:00 P.M. Friday to 7:00 A.M. Monday. All day, New Year's Day, July 4th, Labor Day, Thanksgiving, and Christmas Day. 2) Prime Time hours are: 7:00 A.M. - 6:00 P.M. local time Monday through Friday. 3) Usage is rounded to the nearest minute for purpose of calculating total usage on each connection. All calls are subject to a minimum call duration of two minutes unless they are one minute or less. Calls of one minute or less are not billed. 4) Any portion of a call to Pursuit during prime time will result in the entire session being billed at prime time rates. 5) Sales tax will be billed as applicable and is not included in the fixed monthly fees. 6) A Regular Membership will allow access for one subscriber at the Regular Membership rate using single ID and password. Family Membership will allow one subscriber, or one subscriber and their immediate family members, access at the Family Membership rate using a single password and ID. 7) Handicapped membership guidelines are posted to the NetExchange Bulletin Board System and are available upon request from Telenet. 8) All of Telenet's PC Pursuit charges will be billed the month following actual usage. 9) 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 Telenet. TERMS AND CONDITIONS OF USE FOR PC PURSUIT(R) ACCESS SERVICE These terms and conditions govern your use of Telenet's PC Pursuit(R) access service: 1. PC PURSUIT (A) The PC Pursuit(R) access service allows you to use Telenet'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) Telenet 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 Telenet 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 Telenet 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 Telenet 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 Telenet 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 Telenet. 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. Telenet 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 Telenet. 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 Telenet shall have the right to terminate your use of PC Pursuit immediately and without notice to you in the event: (A) Telenet 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 Telenet customers, to violate any of Telenet'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 Telenet. 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. Telenet 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 Telenet'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) Telenet makes no warranties of any nature or kind, whether express or implied for the service provided by Telenet or its equipment, facilities or capacities. TELENET SPECIFICALLY DISCLAIMS ANY WARRANTY WITH REGARD TO THE AVAILABILITY OF PC PURSUIT(R) ACCESS SERVICE. Telenet is not responsible for the inability to access the service at any time. Telenet 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 Telenet 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 Telenet. You use this information at your own risk. If you provide information for others, you agree to indemnify and hold Telenet harmless from all claims with respect to the information provided. Telenet reserves the right to prohibit access to any bulletin board. (D) Telenet'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) Telenet 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 Telenet relating to the use of PC Pursuit. (D) Telenet 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: Telenet Communications Corporation 12490 Sunrise Valley Drive Reston, Virginia 22096 Attention: Telemarketing (G) Questions regarding PC Pursuit service registration can be directed to Telemarketing at: 1-800-Telenet (835-3638) Effective July 1, 1989 and supersedes all other versions of this agreement -- David Purks PC Pursuit Technical Coordinator Telenet Communications Corporation ..!uunet!telenet!dpurks