GNN TERMS OF SERVICE


1.	The GNN Service ("GNN Service"), as operated by the Internet Services Company, a division of America Online, Inc. ("AOL Inc."), is a computer, interactive information, communication and transaction service for the Internet.  The GNN Service is available to an authorized member ("Member") through a personal membership account ("Membership");  it is assessable through a personal computer, or other access device, using GNNWorks Software (contained in the diskette enclosed with your free Trial Membership Kit) and a communications connection (e.g. modem, telephone line).

2.	CAREFULLY READ THE TERMS OF THIS AGREEMENT WHICH GOVERNS YOUR USE OF THE GNNWORKS BROWSER SOFTWARE (THE "GNN SOFTWARE") AND THE GNN SERVICE (THE "GNN SERVICE"). BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THE GNN SOFTWARE AND THE GNN SERVICE. AOL INC. MAY MODIFY THIS AGREEMENT AT ANY TIME AND IN ANY MANNER.  ANY MODIFICATION IS EFFECTIVE IMMEDIATELY UPON EITHER A POSTING ON THE GNN SERVICE, ELECTRONIC MAIL, OR CONVENTIONAL MAIL.  IF ANY MODIFICATION TO THIS AGREEMENT  IS UNACCEPTABLE TO YOU, YOU MAY IMMEDIATELY TERMINATE YOUR MEMBERSHIP AS PROVIDED IN SECTION 12 BELOW.  YOUR CONTINUED USE OF THE GNN SERVICE FOLLOWING NOTICE OF ANY MODIFICATION TO THIS AGREEMENT SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF ALL SUCH MODIFICATION(S).


3.	AOL Inc. grants to you a non-exclusive, non-transferable license to use and display the GNN Service and the GNN Software on any machine(s) of which you are the primary user.  The GNN Service and the GNN Software are owned by AOL Inc. and their structure and organization constitute valuable trade secrets of AOL Inc.

4.	You understand that except for information, products or services clearly identified as being supplied by AOL Inc., neither AOL Inc., nor any of its affiliates, operates or controls any information, products or services on the Internet in any way and that, except for such AOL Inc. identified information, services or products, all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with AOL Inc. or its affiliates. YOU EXPRESSLY AGREE THAT USE OF THE GNN SERVICE AND GNN SOFTWARE ARE AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT PROVIDED GENERALLY ON THE INTERNET IS WITHOUT WARRANTIES OF ANY KIND BY AOL INC. AND ITS AFFILIATES, EITHER EXPRESSED 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.  YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAINS MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK.  AOL INC. HAS NOT RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

5.	THE GNN SERVICE AND THE GNN SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED 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.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AOL INC., ITS EMPLOYEES, LICENSERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.  

6.	UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AOL INC., OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GNN SERVICE OR THE GNN SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GNN SERVICE OR GNN SOFTWARE INCLUDING, BUT NOT LIMITED TO, RELIANCE ON ANY INFORMATION OBTAINED ON THE GNN SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AOL INC.'S RECORDS, PROGRAMS OR SERVICES.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH 6 SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE GNN SERVICE.  BECAUSE SOME STATES DO NOT ALLOW  THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AOL INC.'s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

7 .	Member is responsible for all charges (e.g., telephone) associated with connecting to the GNN Service through an available access number. Member is responsible for obtaining or providing all telephone access lines,  telephone and computer equipment (including modem), or other access device, necessary to access the GNN Service.

8.  Member certifies to AOL Inc. that he/she is not a minor.  (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision). Member agrees to provide AOL Inc. with accurate, complete, and updated information required by the registration to the GNN Service ("Member Registration Data"), including Member's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date or checking account information).  Member agrees to notify AOL Inc. within thirty (30) days of any changes in Member Registration Data.  Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the GNN Service.

9.	Accounts/Charges/Payment.

	(a)  This Agreement applies to all accounts, sub-accounts, and alternative screen names associated with Member's principal account.  Each Member is responsible for the use of his/her account(s) under any screen name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her account(s).  A GNN Service account may not be transferred without prior written approval from AOL Inc. and is subject to any limits established by AOL Inc.  

	(b)  Member is responsible for maintaining the confidentiality of his/her passwords.  Member is responsible for all activities and charges resulting from use of Member's principal account with the GNN Service.  Member agrees to pay all monthly membership fees, connect time charges, surcharges, and other charges incurred by Member and/or his/her designated users.  In the event of a breach of security, Member will remain liable for any unauthorized use of the GNN Service until Member notifies AOL Inc. by calling 1-800-819-6112.

	(c)  Current rates for using the GNN Service may be obtained by calling 1-800-819-6112.  AOL Inc. reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice.  In the event that a Member's account is terminated or canceled, online time credited to Member's account is not convertible to cash or other form of credit.  If AOL Inc. does not receive the full amount of Member's GNN Service account balance within thirty days (30) days of invoice date, an additional 1.5% or highest amount allowed by law per month late charge will be added to Member's bill and shall be due and payable.  Member shall also be liable for all attorney and collection fees arising from AOL Inc.'s efforts to collect any unpaid balance of Member's account(s).  

10.	Member may order and purchase merchandise or services from other Members and users of the Internet, who are not affiliated with AOL Inc.  All transactions concerning third party ("Seller") merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member.  AOL Inc. makes no warranties or representations whatsoever with regard to any goods or services provided by Seller.  AOL Inc. shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller.

11.	AOL Inc. may elect to electronically monitor the GNN Service and may disclose any content or records to satisfy any law, regulation or other governmental request or to properly operate the GNN Service and protect its members.  AOL Inc. reserves the right at its sole discretion to review, edit, or refuse to post any material or information.  Notwithstanding the foregoing, AOL Inc. will not intentionally monitor or disclose any private E-mail message unless permitted or required by law.  AOL Inc. reserves the right to remove any content that it deems in its sole discretion to be unacceptable or undesirable.  

12.	Either Member or AOL Inc. may terminate Membership at any time.  Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of AOL Inc. in operating the GNN Service, any change in the content of the GNN Service, or any change in the amount or type of fees charged in connection with the GNN Service, is to terminate Membership by delivering notice to AOL Inc., effective the day AOL Inc. receives notification of termination or any future date specified which is acceptable to AOL Inc.  AOL Inc. may terminate immediately any Member who misuses or fails to abide by  this Agreement.  AOL Inc. may terminate without notice Member's access to and use of the GNN Service and GNN Software upon a breach of  this Agreement.   If AOL Inc. denies you access to the GNN Service, you shall have no right (a) to obtain any credit(s) otherwise due to you , and such credit(s) will be forfeited, (b) to access through AOL Inc. any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through AOL Inc., and AOL Inc. shall have no responsibility to notify such third-party providers nor shall AOL Inc. have any responsibility for any damages that result from the lack of such notification.

13. Upon request of AOL Inc., You agree to defend, indemnify and hold harmless AOL Inc. its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, in connection with your use of the GNN Service and the Internet.

14. This Agreement shall be governed by the laws of the Commonwealth of Virginia (excluding choice of law rules).  This Agreement constitutes the entire agreement between you and AOL Inc. with respect to the GNN Service.  AOL Inc.'s failure to enforce any provision hereof shall not be construed as a waiver of any provision or right.  In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.