Terms of Use and Operating Rules of UBBS (10-Jan-1989) UBBS is an electronic communication service of the University of Arkansas at Little Rock. Its purpose is to provide its users with an electronic forum for the exchange of information primarily related to computers and computer technology. Other topics of discussion are welcome and encouraged. To this end UBBS provides to its users such services as electronic message bases and a real-time conferencing system (known as "CB Simulator"). A database of programs is provided for most of the popular personal computers so users may gain the maximum benifit of their computer systems. DISCLAIMER The UBBS system is provided on an "AS-IS, AS-AVAILABLE" basis. Neither UBBS, the University of Arkansas system, the appointed SYSOPs nor any authorized agents of these entities (hereafter collectively known as "UBBS") make any warranties, either expressed or implied as to the merchantability or fitness of any information contained herein, or that service will be uninterupted or error-free. INDEMNIFICATION The user agrees to indemnify and hold UBBS harmless for any claims and expenses, including reasonable attorney's fees, related to user's violation of this service, the Terms of Use or these Rules. In no event will UBBS be liable for any damages either direct, indirect, special, incidental or consequential, including any lost profits or lost savings caused as a result of the use of this system or of any programs or other information collected herein. TERMS OF USE The user agrees at time of registration, and reaffirms by accessing the UBBS system, the Terms of Use and operating rules of UBBS. A signed registration form submitted to UBBS management constitutes tacit agreement to these Terms. UBBS retains the right to modify these Terms, in whole or in part, at any time without notice. The Terms of Use and the policies contained herein are necessary to protect the interests of UBBS as well as its users. It is not intended as an infringement of anyone's rights but rather as a set of rules and guidelines for the conduct and use of this system. ONLINE CONDUCT UBBS provides to its users an electronic forum for the friendly and productive exchange of information and ideas. Any action on the part of any user which restricts or inhibits other users from enjoying the services of UBBS, including but not limited to vulgar or abusive language, profanity or violation of civil rights is strictly prohibited. UBBS retains the right, in its sole discretion, to suspend or terminate access to any user without notice who violates any portion of the Terms of Use. MESSAGE BASE UBBS assumes no responsibility for the content of messages on any of the message boards, or for transactions based on those messages. The opinions and comments found in the message base do not necessarily reflect those of UBBS. Messages which include vulgar, profane, abusive or otherwise offensive remarks or those messages whose contents solicits any illegal activity, including but not limited to treason, sabotage, kidnapping, conspiracy, fraud or piracy are strictly prohibited and will be deleted. UBBS reserves the right to terminate privileges to any user who misuses the message bases. SOFTWARE LIBRARIES UBBS maintains software libraries for many of the more popular personal computers. Users are encouraged to download any of the many public-domain, freeware or shareware programs that may be of use. Questions or comments regarding the software libraries should be routed to the FILE SYSOPs first. They are made available on UBBS to assist the user in using the software libraries, uploading and downloading and other aspects relating to the programs themselves and the library in general. Users are also encouraged to help UBBS maintain a healthy software library by uploading any public-domain, freeware or shareware files that could be of benefit to other users of this system, given the following provisions: Only files that are classified as public-domain, freeware or shareware will generally be considered for inclusion in the UBBS software libraries. UBBS will include copyrighted materials under certain provisions. UBBS reserves the right in its sole discretion to approve or disapprove any file uploaded to any of the software libraries. Any user may upload public-domain programs to UBBS. Any user may download public-domain programs for their own use or for non-commercial redistribution. Only the owner or an authorized agent may upload shareware programs to UBBS. Any user may download and redistribute shareware programs, subject to the terms specified by the owner. Shareware for these purposes describes a program which may be freely downloaded but which the owner requests compensation for the effort of producing and maintaining the product, usually in the form of a fee or donation. UBBS will not accept copyrighted material for inclusion on this system without the expressed permission of the copywrite holder. Only the owner or persons they specifically authorize may upload copyrighted materials to UBBS. Any user who uploads copyrighted materials to UBBS must supply to the UBBS management, within five working days of request, written documentation that demonstrates the user is the owner of, or a specifically authorized agent of the owner, the copyrighted material in question. Any user may download copyrighted material for their own personal use. Any user may also non-commercially redistribute a copyrighted program only with the owner's permission, specified either in the documentation, the body of the program or directly from the owner. EXPLICIT SEXUAL IMAGES OR LANGUAGE UBBS is designed to be a family oriented bulletin board system. Users span a wide range of ages and backgrounds. Because of this, digitized, hand- or computer-generated images are permitted as long as they can be considered appropriate for family viewing. "X" rated images may not be uploaded and will be deleted. For these purposes "X" rated shall imply an image that specifically depicts explicit sexual acts or genitalia. UBBS reserves the right to delete any material from any of the software libraries which can be considered obscene, unlawful or of questionable taste, regardless if the uploader considers that material to meet the criteria for uploading. VIRUSES AND TROJAN HORSE PROGRAMS Any program uploaded to UBBS which is found to be infected by a virus or is in fact a trojan horse will be deleted. There are no exceptions to this rule. If a file is discovered or suspected to be a trojan horse or is infected by a virus, it must be reported to the FILE SYSOP for the library it was downloaded from or to the System Manager. It will then be withdrawn from the library and investigated. Any user who uploads a program which is found to be a trojan horse or which contains a virus may have their use privileges suspended until an investigation into the matter is conducted. A determination of the status of the user's access privileges will then be made by UBBS manegement. The user will be bound by the decision of UBBS.