ADMIN: Terms of Service

[Eric Ray <ejray -at- raycomm -dot- com>]

Gang,

On the advice of our attorney, we're formalizing the terms
under which TECHWR-L (both the list and the site) may be used. 
There aren't, in our opinion, any big surprises here. Broadly 
speaking, this protects you as well as us, and clarifies expectations 
for everyone. 

This document does not replace the TECHWR-L Posting Rules; rather,
the posting rules will be based on the assumption that everyone
has read and agreed to the Terms of Service. 

The Terms of Service document is pasted below and available
online at http://www.raycomm.com/techwhirl/policy.html .
These Terms of Service are effective immediately. 

If you have any questions or concerns, please contact us
directly offline--do _not_ post to the list. We'll do our
best to answer any questions promptly. 

Thanks,
Eric and Deborah
ejray -at- raycomm -dot- com and debray -at- raycomm -dot- com


TECHWR-L Terms of Service

1.	Introduction.

By using the TECHWR-L web site, related web sites at the domain names 
raycomm.com and techwr-l.com and the e-mail discussion list known as
"TECHWR-L" (collectively, "TECHWR-L"), you signify your assent to
these Terms of Service. If you do not agree to all of these Terms
of Service, please do not use TECHWR-L.

TECHWR-L is an online service for technical communicators and
professionals and students in related fields provided by RayComm, Inc.
("RayComm"), which may revise and update these Terms and Conditions at
any time by posting such revised Terms and Conditions at
http://www.raycomm.com/techwhirl/policy.html. Your continued
usage of TECHWR-L will mean you accept those changes.

2.	Copyright.

The materials available on TECHWR-L (the "Materials") are protected by
United States and other copyright laws. The copyrights in individual
works on the TECHWR-L site are owned either by RayComm or by
contributors to TECHWR-L, and the selection, arrangement and
presentation of all Materials, and the overall design of TECHWR-L, are
copyright (c) 1993-2000 RayComm, Inc. All rights reserved. Permission is
granted to view and print Materials from TECHWR-L for the non-
commercial purpose of viewing, reading and retaining for reference.
Any other copying, distribution, retransmission or modification of
information or Materials on the site, whether in electronic or hard
copy form, without the express prior written permission of RayComm, is
strictly prohibited.

3.	Trademarks.

"TECHWR-L," "RayComm" and the TECHWR-L logo are trademarks or service 
marks of RayComm.

4.	TECHWR-L List.

The TECHWR-L e-mail list is unmoderated.  However, RayComm reserves
the right to engage in such moderation, including without limitation
the right to edit, refuse to post, or remove any postings to the
TECHWR-L e-mail list ("Postings").

All Postings are the sole responsibility of the person who transmitted
such Postings.  RayComm does not guarantee the accuracy of such
Postings.

You agree that you will not use the TECHWR-L e-mail list to:

(a)	transmit any Postings that infringe any copyright, trademark,
trade secret, patent or any other proprietary rights of any non-
consenting third party;

(b)	transmit any Postings that are unfair, inaccurate or
defamatory of any person or entity;

(c)	transmit any Postings that are threatening, abusive,
harassing, vulgar, obscene, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;

(d)	impersonate any person or entity;

(e)	transmit any Postings that contain unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;

(f)	transmit any Postings that contain software viruses or any
other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment; or

(g)	collect, store or use for any purpose whatsoever any personal
or aggregate data about or from other users.

RayComm does not claim ownership of your Postings. Of course, by the
very nature of your participation in the TECHWR-L list, RayComm
assumes that you intend and expect RayComm to reproduce your Postings
by distributing them to other members of the list and by making them
generally available to the technical communications community.
Therefore, by transmitting Postings to TECHWR-L, you automatically
grant -- or warrant that the owner of such Postings has expressly
granted -- to RayComm a royalty-free, perpetual, worldwide license to
reproduce, create derivative works from, distribute and display
publicly such Postings in any media now known or later developed.

5.	Disclaimer.

YOU EXPRESSLY AGREE THAT USE OF ANY SERVICES OFFERED BY 
TECHWR-L -- INCLUDING BUT NOT LIMITED TO THE MATERIALS AND THE 
POSTINGS -- IS AT YOUR SOLE RISK. TECHWR-L IS PROVIDED ON AN "AS IS" 
AND "AS AVAILABLE" BASIS.

RAYCOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, 
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT.

RAYCOMM MAKES NO WARRANTY THAT TECHWR-L WILL MEET 
YOUR REQUIREMENTS, OR THAT TECHWR-L WILL BE UNINTERRUPTED, 
TIMELY, SECURE OR ERROR-FREE; NOR DOES RAYCOMM MAKE ANY 
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM TECHWR-
L OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION 
OBTAINED THROUGH TECHWR-L.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM TECHWR-L 
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR 
POSTINGS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE 
OF TECHWR-L IS DONE AT YOUR OWN RISK. YOU ARE SOLELY 
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS 
OF DATA THAT RESULTS IN THE DOWNLOADING OF ANY FILES ON THE 
SERVICE OR ANY EXTERNAL LINKS AVAILABLE ON THE SERVICE. 

6.	Limitation of Liability.

RAYCOMM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, 
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR 
RELATING TO THIS AGREEMENT, TECHWR-L, THE MATERIALS OR THE 
POSTINGS, OR RESULTING FROM THE USE OR THE INABILITY TO USE 
TECHWR-L, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF 
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF RAYCOMM HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7.	Indemnification.

You agree to indemnify, defend and hold harmless RayComm and its 
shareholders, directors, officers, agents, employees, affiliates and
the assigns of same, from and against any and all loss, costs,
expenses (including reasonable attorneys' fees and expenses), claims,
damages and liabilities related to or associated with your use of
TECHWR-L or any violation of these Terms of Service by you.

8.	Governing Law and Jurisdiction.

This agreement shall be governed by and construed solely and
exclusively in accordance with the laws of the state of Utah, without
reference to its conflicts of law principles. Any and all disputes
between the parties that cannot be settled by mutual agreement shall
be resolved solely and exclusively in the local and federal courts
located in or near Logan, Utah, and you hereby consent to the
jurisdiction of such courts and irrevocably waive any objections
thereto, including without limitation, on the basis of improper venue
or forum non conveniens.

9.	Miscellaneous.

Except as expressly provided in a particular legal notice posted by
RayComm on TECHWR-L, these Terms of Service constitute the entire
agreement between you and RayComm with respect to the use of TECHWR-L
and the Postings. RayComm's failure to insist upon or enforce strict
performance of any provision of these Terms of Service shall not
be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of these Terms of Service. RayComm may assign its
rights and duties under these Terms of Service to any party at any
time without notice to you.

10.	Termination.

RayComm reserves the right to terminate your account or restrict your
right to create Postings at any time, for any reason or for no reason.
In particular, and without limitation, RayComm may terminate the
account of any user who violates any of these Terms of Service or
of any user who violates the rights of RayComm, of any other
user, or of any third party.

11.	Contact Information.

Questions or comments regarding TECHWR-L, and notifications of claimed 
copyright infringement pursuant to 17 U.S.C. Section 512, should be
directed to Eric Ray or Deborah Ray by e-mail to debray -at- raycomm -dot- com or
ejray -at- raycomm -dot- com, by U.S. mail to RayComm, Inc., 510 North 400 West,
Logan, Utah 84321 or by telephone to (435) 753-0104.