------------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library and preservational electronic archive. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ===================================================================== ELECTRONIC LIBRARY CARD HOLDER'S AGREEMENT for F.A.C.T.Net Inc. (Fight Against Coercive Tactics Network, Inc.) A.) Introduction Today more than ever before, organizations speaking out against individuals and groups that use coercive mind control are coming under frivolous, expensive, and malicious legal attack intended to silence them. This library card agreement is one way to meet these challenges. B.) Special Disclaimer Factors for our test electronic library and archive Because F.A.C.T.Net is a nonaligned electronic lending library and preservational archive, statements made in any documents in any of our libraries do not necessarily represent the views or opinions of the F.A.C.T.Net organization. F.A.C.T.Net provides only the electronic medium for transferring information, with the explicit understanding that each user will independently evaluate it and carefully make up his or her own mind as to its factuality and usefulness. For the following reasons, F.A.C.T.Net treats all of the information in these electronic research libraries, e-mail boxes, electronic chats, and electronic conferences as allegations, opinions, or theoretical research discussions and makes absolutely no claims for the factuality of any information, statement, or document contained in any of its electronic libraries or services. * Independent individuals, organizations, or authors contributing documents to F.A.C.T.Net's BBS research libraries may be exercising their constitutional rights of petition, free speech, participation in government, or freedom of religion in researching, evaluating and freely discussing any matter. These discussions or statements may be the constitutionally protected opinions, allegations, satire, fiction, or religious beliefs or religious opinions of these independent individuals, organizations, or authors and, as such, might not be factual. * Some materials contained in the research libraries also may be protected under the principles of individuals exercising their legal and moral responsibility in disclosing materials that, by not being publicly disclosed, would potentially cause serious harm or continue to seriously harm unknowing third parties without access to this information. * This is still a pilot electronic library, archive, and BBS. The test system is still being debugged of errors. It may still contain errors or create errors in document transmission. Most of the documents in our research libraries have been electronically scanned and mechanically translated. Even using the newest OCR technology, errors occur naturally during this process. * Some of the information contained in these libraries may be fictional works, "work in progress," or archival materials included on the BBS only to preserve their possible historical or bibliographical value or for which even the author or contributor makes no claims as to the document's factuality. Because of the preceding, neither F.A.C.T.Net Inc., any affiliated entities, nor any of its information providers offer any warranties, expressed or implied, concerning the performance of the F.A.C.T.Net information network or the veracity of information available through F.A.C.T.Net. All information is provided to F.A.C.T.Net library cardholders or users on an "as is" basis and all use of such information for any purpose is at the library cardholder's or user's sole risk. C.) Verification of Factuality To verify factuality for typographical or automated translation errors, inspect the original scanned image file in our image archives or the original reference document. To verify the factualness of statements of some particular document you must contact the author or the contributor of that document directly. D.) General access -- You will be given access according to your library card type, your needs, or our security concerns. E.) Restricted access -- Some conferences will be limited and restricted only to qualified or practicing professionals or members of specific organizations using that conference. Other areas of the BBS will be restricted due to the request of the file donor. Some of the information contained in the F.A.C.T.Net BBS may be protected and/or under restricted access under the provisions of attorney-client privilege, or due to its being used for ongoing or future, private or government, criminal or civil litigation or investigations. F.) Our Services We may change or discontinue certain services or access to them on our system from time to time. We will try to let you know about such changes a month or more in advance. F.A.C.T.Net makes no warranties of any kind, whether expressed or implied, for the service it is providing. F.A.C.T.Net also disclaims any warranty of merchantability or fitness for a particular purpose. F.A.C.T.Net will not be responsible for any damages you suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own negligence or your errors or omissions. G.) Fees and Payments F.A.C.T.Net is financed by four sources: grants, donations, modest library card holder's fees and sale of other materials and services. After your "Free Introductory Library Card" period has expired, if you wish to continue using our system you will need to obtain a permanent library card from us. Depending on your needs, you will be able to select from one of several reasonable and convenient plans. These fees and service features are available for your inspection in a file called FACTFEE.TXT. F.A.C.T.Net reserves the right to change its fee structure as necesary. H.) System Rules The only thing we ask from you is that you follow the rules we set for use of the system. You will find our rules listed below in this contract and on-line at various points in the BBS system. 1.) If the document(s) copies you are receiving from F.A.C.T.Net's library and archives contain copyrighted materials, you are acknowledging in the receipt of said document(s) that: a.) On the basis of your reasonable investigation you have not been to obtain a copy(ies) elsewhere at a fair price, and that, b.) You are and will abide by the following copyright warning. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other that private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. 2.) F.A.C.T.Net does not sell, rent, or lease any documents on its BBS, it only lends them like non-electronic libraries and preservational archives do. Just as a non-electronic library lends materials for a limited time, F.A.C.T.Net electronically lends its materials for a limited time of 90 days. F.A.C.T.Net electronically lends its materials specifically and only for research, educational, legal, or evidentiary purposes. When you borrow any materials from F.A.C.T.Net, this entitles you to study and read the materials during this 90 day lending period, but at the end of the lending period you must either destroy or return the copy(ies). 3.) None of F.A.C.T.Net's service charges are for copyright use of any document. All service charges that are requested on the BBS cover only labor, materials, equipment, copying, phone, handling, and/or electronic transmission costs involved in getting the original document typed or scanned onto the BBS, maintaining the BBS services, or transmitting the document to the requesting party. Copyrights, copyright fees, and copyright controls, as in all nonprofit public service libraries, remain exclusively with the document's author unless otherwise specified by that author. 4.) Approval for a F.A.C.T.Net electronic library card does not entitle the holder to any privileges not specified in this agreement. Possessing a F.A.C.T.Net electronic library card does not make one a member or representative of F.A.C.T.Net, which is an organization that has no membership. 5.) Respect other callers of the system. Feel free to express yourself but do not do anything to injure or harm others. In particular, if you dislike someone else's ideas, you can attack their ideas, their logic, techniques, actions, or process of reasoning but not the person. Organizations are not people and can be challenged on even more levels. 6.) We want people to speak freely on our system. But if you misuse that freedom to abuse others, we will be firm and take the liberty of cutting that discussion short. 7.) Do not use our system for anything that might be illegal. This system may not be used to encourage anything to do with illegal drugs, gambling, prostitution, pornography, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes. People sometimes have trouble figuring out whether certain activities on a BBS are illegal. It's usually not that hard. If it's illegal out there, it's illegal in here. 8.) Respect the security access protection of our system. Never lend your access password to anyone. Do not try to gain access to system areas private to ourselves or to other callers. These areas contain our or others' private property. 9. ) Some callers may try to crack system security just to show it can be done or to sabotage our work. These are criminal offenses and because of the nature of the challenges we face we have had to set up extensive and elaborate security procedures to help us swiftly identify and prosecute any offenders. And, when it comes to security problems caused by criminal trespass, we will prosecute. I.) Privacy We offer private electronic mail on our system as a service to our callers. If you prefer, because of security concerns, we can provide coded or "alias" mail and message handling but at sign up F.A.C.T.Net will require the user's true identity and true information. We will endeavor to keep all of your e-mail and private information private, viewable only by you and the person to whom you address it. There may be exceptions. * We, as system operators, may need to look at your electronic mail if we believe it is necessary to protect ourselves or other callers from injury or damage. For example, if we have reason to believe a caller is involved in illegal activity which creates a risk that our system could be seized by the authorities, we will review his or her electronic mail for our own protection. We will not, however, monitor electronic mail unless we believe it is being misused. * We will not deliberately disclose electronic mail to other callers. If we believe certain electronic mail is connected with illegal activities, we may disclose it to the authorities to protect our system, ourselves and other callers. * If the authorities ever search or seize our system, they may gain access to your private electronic mail. In that case, we cannot assure they will not review it. J.) Chats, conferences, and electronic classrooms To facilitate discussions, by request or at our discretion from time to time moderators may be assigned either temporarily or permanently to these areas of the BBS. K.) Editorial Control We want our system to be a worthwhile place to all of our callers. This does not mean everyone can do whatever they choose on this system, regardless of its effect on others. * We will not monitor all messages and file transfers. However, if we see or hear about messages or other activities that violate the rules, violate the order or security of the system, or use the system in ways we do not agree with, we will take appropriate action. * Our editorial control includes normal housekeeping activities like changing subject headers and deleting profanities, threats, or personal attacks in public messages and selecting among uploaded files for those we wish make available for download. * If a caller persists in posting messages or transferring files that we previously warned them shouldn't be on the system, those messages will be deleted and he or she may be locked out. If we discover any caller violating the rules, especially the prohibition against illegal activities, we will act firmly and swiftly. Depending on the circumstances, the caller involved will be warned or simply locked out. If the caller has done anything to put us or other callers in jeopardy we may contact the authorities. By signing this on-line Agreement you acknowledge that control. L.) Ownership of Materials Unless otherwise assigned to us, you shall retain all rights to all original messages you post and all original files you upload. Likewise, you must respect the ownership rights of others in their own messages and files. You may not post or upload any messages or files unless you own them, or you have full authority to transmit them to this system. We own certain things you will find on this system, including the "look and feel" of the system, the nature of our system, and the collective work copyright in sequences of public messages on our system. You cannot reproduce any message thread from our system, either electronically or in print, without our permission and the permission of all participants in the thread. This is not a complete list. Other things on the system are also our property. M.) Limitation of Liability and Indemnity The great danger for us, and for all operators of bulletin board systems, is that we might be held accountable for the wrongful actions of our callers. If one caller libels another caller, the injured caller might blame us, even though the first caller was really at fault. We did not start this system to take the blame for others' actions, and we cannot afford to operate it if we must take that blame. Accordingly, we need all callers to accept responsibility for their own acts, and to accept that an act by another caller that damages them must not be blamed on us, but on the other caller. These needs are accomplished by the following paragraph: You agree that we will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other callers or third parties. N.) Choice of Law Our bulletin board system can be reached by callers from all fifty states, and around the world. Since we cannot keep track of all these laws and their requirements, you agree that the law of our own state of Colorado will apply to all matters relating to this Agreement and to our bulletin board system. In addition, you agree and consent that if you ever take legal action against us, the courts of our own state, Colorado, will have exclusive jurisdiction over any such legal actions. O.) General Use of the F.A.C.T.Net BBS is subject to all the terms and conditions of this electronic library cardholder's agreement and, where and when applicable, the F.A.C.T.Net Software licensing agreement, and F.A.C.T.Net's acceptance of this signed agreement. The Terms and Conditions of this agreement reflect the entire agreement of the parties and supersedes all prior oral or written agreements and understandings of the parties. If either you or we fail to notify the other of any violations of this agreement, this will not mean that you or we cannot notify the other of future violations of any part of this agreement. From time to time updates or changes of rules and this agreement will be posted on the BBS. Your use of the BBS after the date of posting will be treated as your acceptance of the updates and changes and as a valid on-line contract. By signing this on-line contract, you state that you are authoritatively, contractually, and financially responsible for the entity applying for the F.A.C.T.Net ELECTRONIC LIBRARY CARD and you understand and will abide by the above Terms and Conditions. v.093094 !E:\PCB\PAUSE.PPE ================================================================= If this is a copyrighted work, you are acknowledging by receipt of this document from FACTNet that on the basis of reasonable investigation, you have not been to obtain a copy elsewhere at a fair price, and that you are and will abide by the following copyright warning. WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, United States Code) governs the making of photo copies or other reproductions of copyrighted material. Under certain conditions specified by law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. FACTNet reserves the right to refuse to accept an order for copying or other duplication, or delivery of copied or duplicated material if, in its judgment, fulfillment of the order would involve violation of copyright law. ------------------------------------------------------------------- CARD CATALOG ENTRY DOS FILENAME OF TEXT FILE: E:\PCB\GEN\FILES\GENGEN\CONTRACT.TXT DOS FILENAME OF IMAGE FILES: ADMINISTRATIVE CODE: SECURITY CODE: DISTRIBUTION CODE: NAME FOR BBS: SORT TO: CONTRIBUTOR: LOC. OF ORIG: NOTES: For additional verification see image files contained in the file with same name and .ZIP extension. UPDATED ON: UPDATED BY: =================================================================