------------------------------------------------------------ Connect Magazine Computer BBS Edition - Subscriber Agreement ------------------------------------------------------------ This document outlines an Agreement between: (a) BBS LEGAL GROUP (herein "BBS LEGAL") - Distribution Agent for (b) CONNECT MAGAZINE, and (c) the Owner/Operator of the electronic Bulletin Board System described below (herein "Subscriber"), regarding the distribution, delivery, receipt, and electronic display of CONNECT MAGAZINE COMPUTER BBS EDITION (herein "CONNECT BBS EDITION"). 1. NATURE OF AGREEMENT: In exchange for the subscription fee described in this Agreement, BBS LEGAL agrees to make available to the Subscriber, on a best effort basis, CONNECT BBS EDITION. Subscriber may receive CONNECT BBS EDITION files, and is licensed to display them on the single electronic Bulletin Board System described below for the duration of this Agreement. 2. TERM: This Agreement is in effect for a period of one year beginning on the date this Agreement is signed by the Subscriber or accepted electron- ically through the BBS LEGAL Distribution System. This Agreement will automatically renew unless either party provides written notice of termination at least thirty (30) days prior to the normal renewal date. 3. TRANSPORTATION: Subscriber assumes all responsibility for all communication/transportation fees necessary to download CONNECT BBS EDITION files on a MONTHLY basis from the BBS LEGAL Distribution System, or such other point designated by BBS LEGAL from time to time. 4. RESALE OR REDISTRIBUTION BARRED: Subscriber agrees not to resell or redistribute CONNECT BBS EDITION without specific written authorization from CONNECT and BBS LEGAL. 5. FILE INTEGRITY/COPYRIGHT NOTICE: Subscriber agrees not to alter any received files, remove any copyright notices, add to, delete from, or otherwise modify or append to CONNECT BBS EDITION files. All files will be displayed unaltered and unmodified in their entirety. CONNECT BBS EDITION must be presented using an authorized door or reader program, as identified by BBS LEGAL. 6. SUBSCRIPTION FEE: The monthly subscription fee is calculated as follows: CHARTER SUBSCRIBERS Regular Subscribers ------------------- ------------------- 1 - 2 Nodes: $ 65.00 Annually $ 90.00 Annually 3 - 7 Nodes: $ 75.00 Annually $100.00 Annually 8 or more Nodes: $ 99.00 Annually $124.00 Annually "Charter" Subscribers are those Sysops who take advantage of this Program before October 1, 1993. 7. PAYMENT: Payment for CONNECT MAGAZINE ONLINE may be made in two (2) equal monthly installments, or paid in full. Subscriptions accepted on ATTENTION to Details BBS (909/681-6221 - Riverside, CA) using your VISA or MasterCard obtain overnight access to the latest edition of CONNECT BBS EDITION. If paying in two installments, you will be Invoiced for the final payment. 8. SUBSCRIBING SYSTEM ACCESS: Subscriber agrees to provide BBS LEGAL with access to all areas of BBS owned or operated by the Subscriber (except Adult areas) at no charge or access fee for the duration of this Agreement so that BBS LEGAL may verify Subscriber's placement and updating of CONNECT BBS EDITION. 9. NEITHER CONNECT MAGAZINE, BBS LEGAL, OR ANY OF ITS LICENSORS, EMPLOYEES OR AGENTS WARRANTS THAT CONNECT BBS EDITION WILL BE EITHER UNINTERRUPTED OR ERROR FREE. NOR DOES CONNECT MAGAZINE OR BBS LEGAL MAKE ANY WARRANTY AS TO THE RESULT TO BE OBTAINED FROM USE OF CONNECT BBS EDITION. CONNECT BBS EDITION 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 USE. Subscriber will hold CONNECT MAGAZINE and BBS LEGAL harmless for any and all damages, real, incidental, or consequential caused by CONNECT BBS EDITION for any reason whatsoever. 10. TIMELY DISTRIBUTION: Subscriber agrees to update and post CONNECT BBS EDITION on a monthly basis according to the following schedule. (a) Subscriber shall download the new CONNECT BBS EDITION files by the end of each month; and (b) Subscriber shall post the latest file by the 5th of each month. 11. ACCESS REPORTING: Subscriber agrees to provide BBS LEGAL or CONNECT MAGAZINE at the request of either, the number of member accesses on a monthly basis into CONNECT BBS EDITION, should the subscriber's system allow the capture of such information. 12. INITIAL PROMOTION: Subscriber agrees to promote the addition of CONNECT BBS EDITION to its membership by way of an appropriate "welcome screen" or bulletin during the first thirty (30) days that CONNECT BBS EDITION appears on the Subscriber's service. The Subscriber is encouraged to periodically promote to its members the availability of CONNECT BBS EDITION by way of "welcome screen" announcements. 14. TERMINATION: Violation of any of the terms of this Agreement or any misrepresentation of Subscriber's service or readership by the Subscriber will result in immediate termination of this Agreement and revocation of the license to display CONNECT BBS EDITION. In the event of termination, Subscriber will remove CONNECT BBS EDITION from Subscriber's service within ten (10) days of receipt of written notice of termination from BBS LEGAL. 15. This Agreement shall be governed and construed in accordance with the Laws of the State of Florida. --------------------------------------------------------------------------- Appendix A Subscriber's Service Description Subscriber's Name: __________________________________________________ Subscriber's Address: __________________________________________________ City State and ZIP: __________________________________________________ Subscriber's Voice Tele: (_____) ______-_____________ BBS Name: __________________________________________________ BBS Phone: (_____) ______-_____________ Maximum Baud Rate: __________________________________________________ Approximate Number of Calls Per Month: __________________________________________________ Approximate Number of Registered Callers: __________________________________________________ Approximate Number of Paid Members: __________________________________________________ Annual Membership Fee Schedule: __________________________________________________ Description of BBS: __________________________________________________ __________________________________________________ __________________________________________________ Does your BBS have the ability to capture the number of member accesses into CONNECT BBS EDITION? (Please check one): ____Yes ____No Number of Phone Lines/ Simultaneous Connects: __________________________________________________ Please set up a Full-Access Account for BBS LEGAL: BBS LEGAL Account Name: __________________________________________________ BBS LEGAL Password: __________________________________________________ CONNECT MAGAZINE ONLINE Monthly Subscription Fee:__________________________________________________ VISA/MasterCard Account Number: __________________________________________________ Expiration Date: __________________________________________________ I have read, understand, and agree to the Terms and Conditions of the CONNECT MAGAZINE COMPUTER BBS EDITION Subscriber Agreement. I understand that BBS LEGAL may suspend or terminate access to my Account in the event that any of the registration or billing information I supply to BBS LEGAL is found to be false or should I violate or breach any of the Terms or Conditions of the Agreement. Signature: __________________________________________________ Print Name: __________________________________________________ Date: __________________________________________________ Mail To: ATTENTION TO DETAILS BBS LEGAL / CONNECT 5085 Trail Canyon Drive Mira Loma, CA 91752-1685 USA