Introduction
The Terms of Use agreement (the "Agreement") governs your use of the collection of web pages, files and other digital content (the "Collections") available through the FidoNet Showcase Project (the "Project"). The Project is committed to making its constantly growing collection of content available to everyone for purposes of benefit to the public, especially to the Bulletin Board System Operators (BBS SysOps). Free access to the Project's Collections is provided to you and is granted for everyone in good standing with the Project. By accessing or using materials from this web site, you acknowledge that you have read the Terms of Use and that you agree to be bound by these terms just as if you had signed an agreement. Therefore, please read the Terms of Use carefully. If you do not agree to be bound by these terms, do not use this web site.

Applicable Laws and Regulations
Some of the content available through the Project may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the Project. In particular, you certify that your use of any part of the Project's Collections will be noncommercial and will be limited to noninfringing or fair use under copyright law. In using the Project's site, Collections, and/or services, you further agree NOT TO:

Assignment of Your Rights
You may not assign any of your rights or obligations under this Agreement without the prior written consent of the Project; otherwise, such assignment shall be null and void for all purposes.

Attorney's Fees
If the Project takes action to enforce any of the provisions of this Agreement, you agree to pay, and the Project shall be entitled to recover from you, all reasonable and necessary attorney's fees and any costs of any litigation in addition to any other relief, at law or in equity, to which the Project is entitled.

Complete Integration
This Agreement, Our Policies, and the Copyright Notice posted on our web site constitute the entire agreement between us, and no other agreement, written or oral, exists between you and the Project.

Conflicting Terms
If there is any conflict between this Agreement and any help text, manuals, or other documents, this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any member of the Project.

Delays in Services
The Project and its officers, directors, employees, affiliates, agents, representatives or subcontractors shall not be liable for any loss resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes. The Project shall have no responsibility to provide you access to the web site while interruption of the web site due to any such causes shall continue.

Governing Law; Limitations; Venue
This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transactions contemplated by it, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas (excluding its conflict of laws rules which would refer to and apply the substantive laws of another jurisdiction). You further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the Texas Code of Civil Procedure. Any suit or proceeding hereunder shall be brought ONLY in El Paso, Texas, and each of the parties consents to the personal jurisdiction of the courts, state and federal, located therein. You agree to waive any objection that the state or federal courts of El Paso, Texas, are an inconvenient forum.

Indemnification
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROJECT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE WEB SITE OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING ANY MEMBER OF THE PROJECT.

Limited Warranty
YOU ACKNOWLEDGE THAT THE WEB SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. THE PROJECT DOES NOT WARRANT THE ACCURACY OR SUITABILITY OF THE WEB SITE'S INFORMATION AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING OR ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. The Project does not represent or warrant that the web site or information will meet your requirements or will be suitable for your needs. You assume all risk of errors and/or omissions in the web site and information, including the transmission or translation of information. You hereby assume all responsibility (and thereby hold the Project harmless), by whatever means you deem most appropriate for your needs, for detecting and eradicating any virus or program with a similar function.

Limitation of Liability
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the web site and information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information. YOU AGREE THAT THE PROJECT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE OR INFORMATION FOR ANY PURPOSE, EVEN IF THE PROJECT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

Monitoring
You acknowledge and agree that the Project may, from time to time, monitor, review, censor, or prohibit the transmission or receipt of any information which the Project deems inappropriate or that violates any term or condition of the Terms of Use, the Copyright Notice, or Our Policies. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the web site, authorized or unauthorized, constitutes consent to such monitoring.

Offensive Content
Because the content of the Collections comes from around the world and from many different sectors, the Collections may contain information that might be deemed offensive, disturbing, pornographic, racist, sexist, bizarre, misleading, fraudulent, or otherwise objectionable. The Project does not endorse or sponsor any content in the Collections, nor does it guarantee or warrant that the content available in the Collections is accurate, complete, noninfringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, the Collections are provided to you on an as-is and as-available basis. You agree that your use of the web site and the Collections is at your sole risk. You understand and agree that the Project makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content in the Collections, that the web site or the Collections will meet your requirements, that access to the Collections will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.

Provide Credit to the Project
According to standard academic practice, if you use the Project's Collections for any research that results in an article, a book, or other publication, you list the Project as a resource in your bibliography.

Requests for Removal of Content from the Project
While we collect publicly available Internet documents and files, sometimes authors and publishers express a desire for their documents or files not to be included in the Collections (by tagging a file for robot exclusion or by contacting us or the original crawler group). If the author or publisher of some part of the Project does not want his or her work in our Collections, then we may remove that portion of the Collections without notice.

Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, then that provision shall be enforced to the maximum extent allowable under applicable law so as to effect the intent of this Agreement. The remainder of this Agreement will continue in full force and effect.

Updating of Agreement
The Project may modify this Agreement from time to time, and your continued use of the Collections and/or the web site constitutes your acceptance of any and all modifications. You can always verify the current changes by a new updated date appearing at the top of this Agreement under its title.