APPENDIX C: MODEL AGREEMENTS

The model agreements include the User Model Agreement, the Information Content Model Agreement, and the Advertiser Model Agreement.

C.1.0 USER MODEL AGREEMENT

The User Model Agreement is an agreement between the DCN/ICN and any subscriber to the DCN/ICN services that identifies the services to be provided; the responsibilities of each party; the policies for acceptable use, legal topics, payment terms, the general terms; and the conditions and terms for the termination of the agreement.

C.1.1 User Model Agreement Definitions

Term	Description
24 x 7	A term to denote service availability (24 hours by 7 days per week).
Availability	The degree to which a system or service is operational and accessible for use. Frequently expressed as a probability, but may be expressed in terms of the number of hours per day and days per week such as 24 x 7.
Business Day	With respect to any Internet Services to be provided at a Customer's Premises or a Nominated User's Premises any day, other than a Saturday, Sunday, or recognized public holiday in the state in which the Customer Premises or the Nominated User's Premises is located.
Commencement Date	The date on which the Customer is connected to the DCN/ICN.
Customer Site Contact	The person nominated and authorized by the Customer in accordance with the Model Agreement clause as the contact person in respect to a particular Customer's Premises.
Customer's Premises	The site locations of the Customer as specified in the schedule.
Digital Signature	Information encrypted with a private key which is appended to electronic data to identify the owner of the private key and verify the integrity of the electronic data. "Digitally signed" shall refer to electronic data to which a digital signature has been appended.
Domain Name Service	A service that provides address information about Internet resources.
Force Majeure	An event or effect that cannot be reasonably anticipated or controlled (i.e., act of God).
Government Body	Any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, agency, or entity.
DCN/ICN Service	The provision of services by the DoD CALS Network/International CALS Network (core, intermediate, advanced) in accordance with the terms and conditions of this agreement, including those services described in Appendix A.
Initial Period	One (1) calendar year from the commencement date.
Intellectual Property Rights	Rights that refer to the following subjects: Inventions, discoveries, and novel designs, whether or not registered or registrable as patents or designs, including (without limitation) developments or improvements of equipment, products technology, processes, methods, or techniques.
	Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist.
	Confidential information, trade secrets and trade and service marks (whether registered or unregistered).
Information Content Provider	The term "information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service to the DCN/ICN.
Internet	The international network of data networks utilizing the TCP/IP communications protocol of which the DCN/ICN is part.
Internet Access Provider	A commercial or government organization that provides Internet connection and other optional services to a customer in return for fees or other considerations.
MOCC	Management Operations Control Center (the DCN/ICN operational control and support center [help desk]).
Password	A confidential alphanumeric string associated with a user identification, has a minimum length of seven characters, used to control access to DCN/ICN services.
Quality of Service	Includes system/service availability, speed of service, accuracy of information content, and dependability of service.
Speed	The time to perform a service; related descriptors include interactive, asynchronous, or real-time.
TCP/IP	Transmission Control Protocol/Internet Protocol.
User	An individual, government organization entity, corporate organization entity, or virtual enterprise entity that enters into a User Model Agreement with the DCN/ICN and has been issued a user identification and password to access DCN/ICN services.
User Identification	An alphanumeric string used to identify a DCN/ICN user assigned to the User upon acceptance of the User Model Agreement and used to authorize the User to access the DCN/ICN services.
World Wide Web Server	A computer system that facilitates access to multimedia documents using the HTTP.

C.1.2 Subscriber Services

The DCN/ICN shall offer the subscriber three levels of services with the service quality specified in the accompanying schedule. In addition, the DCN/ICN shall provide security services to protect the services, subscriber and the data stored, transmitted, or other wise processed provided by the DCN/ICN Management Operations Control Center.

C.1.2.1 Levels and Types of Services

The DCN/ICN subscriber levels of service include core, intermediate, and advanced services shown in Figure C.1.2.1-1.

Figure C.1.2.1-1 Levels of Subscriber Services

The types of subscriber services are summarized in Appendix A and include service identifiers: SVC100-SVC1800 and SVC2000.

C.1.2.2 Quality of Service

The quality of the DCN/ICN service includes service availability, speed, and accuracy. The DCN/ICN Service Availability Goals are identified in Table C.1.2.2-1 and do not include the availability of equipment and communication-lines between the User and the DCN/ICN MOCC.

Table C.1.2.2-1 DCN/ICN User Service Availability Goals

Service Identifier	User Service Category	Availability
SVC100	General Help Desk	24 x 7
SVC200	Organizations	24 x 7
SVC300	CALS Initiatives	24 x 7
SVC400	Calendar of Events	24 x 7
SVC500	Electronic Mail	24 x 7
SVC600	Technologies	24 x 7
SVC700	Training	24 x 7
SVC800	Information Services	24 x 7
SVC900	Collection of Comments	24 x 7
SVC1000	Standards	24 x 7
SVC1100	Publications	24 x 7
SVC1200	Implementation	24 x 7
SVC1300	Specialists	24 x 7
SVC1400	Partnership Search	24 x 7
SVC1500	Test and Certification	To be determined by test and certification authority
SVC1600	Computer Supported Collaboration	Scheduled by participants or forum moderators; potential availability: 24 x 7
SVC1700	Dissemination Service	24 x 7
SVC1800	Advertising Services	Subscriptions: 0800-1700 M-F EST or EDT
SVC1900	Electronic (Web) Publishing	Collaboration: 0800-1700 M-F EST or EDT
SVC2000	Internet Hardware/ Software Acquisition and Installation	Ordering: 0800-1700 M-F: EST or EDT Installation: 0800-1700 M-F: EST or EDT; Other times by appointment

The DCN/ICN User Service Speed Goals shall be as specified in Table C.1.2.2-2.

Table C.1.2.2-2 DCN/ICN User Service Speed Goals

Service Identifier	User Service Category	Speed
SVC100	General Help Desk Access Problem Resolution	Telephone access: < 3 minutes for 90% of calls; E-Mail access: Acknowledge < 1 minute. Resolution: < 1 day for 90% of calls
SVC200	Organizations	Interactive
SVC300	CALS Initiatives	Interactive
SVC400	Calendar of Events	Interactive
SVC500	Electronic Mail E-Mail Address Lookup	Interactive
SVC600	Technologies	Interactive
SVC700	Training	Interactive
SVC800	Information Services Search	Interactive
SVC900	Collection of Comments	Dissemination: < 1 day
SVC1000	Standards	Interactive access to source repository
SVC1100	Publications	Interactive
SVC1200	Implementation	Weekly updates with what's new items
SVC1300	Specialists	Interactive
SVC1400	Partnership Search	Interactive
SVC1500	Test and Certification	Asynchronous
SVC1600	Computer Supported Collaboration	Real-time
SVC1700	Dissemination Service	Daily
SVC1800	Advertising Services	< 1 day for simple ads < 3 days for simple home page < 14 days for complex home page
SVC1900	Electronic (Web) Publishing	Asynchronous
SVC2000	Internet Hardware/ Software Acquisition and Installation	Asynchronous

The DCN/ICN User Service Accuracy Goals shall be as specified in Table C.1.2.2-3.

Table C.1.2.2-3 DCN/ICN User Service Accuracy Goals

Service Identifier	User Service Category	Accuracy
SVC100	General Problem Resolution	Correct Problem Resolution on the first response for 95% of Calls.
SVC200	Organizations	Directory listings 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC300	CALS Initiatives	Initiative listings 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC400	Calendar of Events	Calendar listings 100% accurate with updates completed within 24 hours of notification by authorized source.
SVC500	Electronic Mail E-Mail Address Lookup	E-Mail addresses 100% accurate with updates completed within 24 hours of notification by authorized source.
SVC600	Technologies	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC700	Training	Training content 99% accurate by learning objective with updates completed within 24 hours of notification by authorized source.
SVC800	Information Services Search	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC900	Collection of Comments	Delivery of comments 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1000	Standards	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1100	Publications	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1200	Implementation	What's new information 100% accurate.
SVC1300	Specialists	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1400	Partnership Search	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1500	Test and Certification	Uniform Resource Locators 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1600	Computer Supported Collaboration	Not Applicable. Service provided is a capability based on tools and source computer availability.
SVC1700	Dissemination Service	Delivery of registered subjects information 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1800	Advertising Services	Advertising content 99% accurate with updates completed within 24 hours of notification by authorized source.
SVC1900	Electronic (Web) Publishing	Spelling 100% accurate. Content, 98% accurate with updates completed within 48 hours of notification by authorized source.
SVC2000	Internet Hardware/ Software Acquisition and Installation	Ordering, 99% accuracy for line items in each order. Installation 100% accuracy for turn-key systems, 95% accuracy for customer provided hardware/software systems.

C.1.2.3 Security

The DCN/ICN shall provide the limited security measures and products to run on the firewalls and/or servers at the Management Operations Control Center. These measures will be used to protect unclassified, sensitive information only from security threats including, but not limited to, unauthorized intrusion or access, password compromise, and computer viruses.

Table C.1.2.3-1 Security Threat, Related Measure, and Products

Threat	Security Measure	Related Product/Service	Reference
Password Compromise	Password Encryption (access to E-Mail)	Power One-Time Pad (POTP) Secure Mail Software (Elementrix Co., New York, NY)	URL:http://draco.centerline.com:8080/~franl/crypto/one-time-pad.html
Password Compromise	Password Encryption (Access to Web Content or Oracle databases)	Fortezza Technology (PCMCIA Cards + App. Software Products with embedded Fortezza APIs, e.g., Netscape, Oracle)	Sikorovsky, 1995h
Unauthorized Access	Bastion Firewall	With Anti-Virus Software, Anti Password Sniffing Software	Sikorovsky, 1995a
Unauthorized Intrusion	Firewall Security Testing and Intrusion Detection	COPS Tripware Open Market's Security Watch, and the Well-known SATAN (System Administration Tool for Analyzing Networks) Program	(ftp://cert.org in /pub/tools/cops) (ftp://ftp.cs.purdue.edu in /pub/spaf/COAST/Tripware) (http://www.openmarket.com) (ftp://ftp.win.tue.nl/pub/security/satan_doc.tar.Z) (commentary on SATAN may be found at: http://ciac.llnl.gov/ciac/notes/Notes07.html)
Unauthorized Intrusion	Intrusion Detection Notification	COURTNEY Software (on the firewall )	(http://ciac.llnl.gov/ciac.ToolsUnixNetMon.html#Courtney)
Viruses	Virus Detection and Virus Removal	VirusScan	McAfee Associates (http://www.mcafee.com)
Security Incident	DISA Security Incident Response Team (ASSIST)	N/A	DISA Center for Information Systems Security (http://www.disa.mil/line/cissmid.html)
Unauthorized Intrusion	Accurate Timing of Messages, Packets	Clock Synchronization Sites for International Time Authentication	McGillivary, 1995b

C.1.2.4 Communication Procedures

The User shall communicate with the DCN/ICN Help Desk via E-Mail, telephone, facsimile, or collaboration tools supported by the DCN/ICN and listed in the attached Collaboration Tools Schedule.

C.1.3 Legal Matters

The legal matters include applicable laws of the United States and the state of West Virginia as well as warranties, indemnification, tax liability, restricted rights, copyrights, and trademarks.

C.1.3.1 Applicable Laws

Laws applicable to this User Model Agreement include the laws of the United States and the state of West Virginia.

C.1.3.2 Warranties

The DCN/ICN makes no warranties for hardware or software products provided under this agreement. Warranties provided by third party vendors or distributors of hardware or software products are between the User and the third party.

C.1.3.3 Indemnification

Use of DCN/ICN Services or Hardware/Software Contamination Resulting from DCN/ICN Services

The User indemnifies the DCN/ICN and holds the DCN/ICN harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against the DCN/ICN whatsoever arising out of (a) the use or attempted use of the DCN/ICN's services by the User or by any person authorized by the User from the use of any facility or equipment connected to the DCN/ICN by the User or any person authorized by the User, or (b) any hardware or software contamination resulting from the use by the User or by any person authorized by the User of the DCN/ICN, except to the extent that such loss, cost, expense, or liability arises from or is attributable to any negligent act or omission or willful misconduct on the part of the DCN/ICN, the DCN/ICN's officers, employees, contractors, or agents.

Intellectual Property Rights

The User indemnifies the DCN/ICN and holds the DCN/ICN harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against the DCN/ICN whatsoever arising out of any action brought by any third party against the DCN/ICN for infringement of that third party's Intellectual Property Rights due to the User's use or any Nominated User's use of the Internet service provided to the User or any Nominated User pursuant to this agreement or due to the use of the Internet service by any person authorized by the User or any Nominated User to use the Internet service provided to the User or any Nominated User pursuant to this agreement or the DCN/ICN's possession of the User's or Nominated User's data or materials in accordance with this agreement except to the extent that such loss, cost, expense or liability arises from or is attributable to any negligent act or omission or willful misconduct on the part of the DCN/ICN or the DCN/ICN's officers, employees, contractors and agents.

Accuracy of Information Content

Neither the DCN/ICN nor any of its providers of information shall have any liability for the accuracy of the information contained in the services or for omissions therein. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits or punitive or consequential damages.

Credit Card Number Disclosure

The DCN/ICN shall not be held liable for any abuse of the credit card number transmitted to the DCN/ICN in connection with this subscription agreement that occurred outside the control of the DCN/ICN or which was not caused by gross negligence or intent of the DCN/ICN or its staff.

C.1.3.4 Tax Liability

The DCN/ICN may have a duty to collect use tax on sales outside the state if the contacts with the state meet a minimum threshold. The DCN/ICN should include language in its on-line contracts with Users such as the following: "You are responsible for paying any sales or use tax imposed at any time whatsoever on this service." This provision advises Users that their purchase price may include sales or use tax. It does not, however, remove the burden from the DCN/ICN to collect the tax if the vendor is required to do so by state tax authorities. The tax rates for each state in the United States are included in Appendix E.

C.1.3.5 Restricted Rights Legend

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

C.1.3.6 Trademarks and Copyrights

DCN/ICN Inc., the DCN/ICN Browse Engine, the DCN/ICN logo, and all page headers, graphics, and button icons are copyright materials and/or trademarks, registered trademarks, service marks, or registered service marks of the DCN/ICN. All other product names and company logos mentioned herein are the trademarks of their respective owners.

C.1.3.7 Dispute Procedures

Dispute procedures include general dispute procedures as well as procedures for model agreement disputes and other disputes.

C.1.3.7.1 General Procedures

A dispute must, as far as possible, be settled amicably between the parties.
The party raising the dispute must provide to the other party written confirmation of the issue in dispute, and such confirmation must include sufficient detail of the issue or issues in dispute to enable the parties to attempt to settle the dispute.
If the parties cannot settle the dispute amicably within two (2) weeks from the date the dispute is reduced to writing in accordance with clause 2.1.3.4.1(b), the dispute must be dealt with in the following manner.

C.1.3.7.2 Disputes Over User Model Agreement Terms and Conditions

If the dispute relates to the construction or interpretation of the terms and conditions of this agreement, the dispute must be dealt with by a court.

C.1.3.7.3 All Other Disputes

All other disputes must be dealt with by referral to an expert nominated jointly by the parties or failing agreement, within 14 days after either party's request to the other party for such a referral, by an expert nominated by the Internet Society. Such expert shall be deemed to act as an expert and not as an arbitrator, and the expert's fees shall be paid by the parties in equal shares unless the expert determines that the conduct of a party is such that such party should bear all such costs.

C.1.4 Data Rights and Accuracy

Data topics include intellectual property and the detection/correction of erroneous information content.

C.1.4.1 Intellectual property

Intellectual property is defined to include

Inventions, discoveries, and novel designs, whether or not registered or registrable as patents or designs, including (without limitation) developments or improvements of equipment, products technology, processes, methods, or techniques;
Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; and
Confidential information, trade secrets, and trade and service marks (whether registered or unregistered).

Paragraph C.1.3.3 ( C.1.3.3Indemnification) indemnifies the DCN/ICN against any acts committed by Users that violates the intellectual property rights of software products or electronic publications that are accessible through the DCN/ICN. Paragraph C.1.10 ( C.1.10User Responsibilities) specifically prohibits the User from violating the intellectual property rights of software products or electronic publications that are accessible through the DCN/ICN.

C.1.4.2 Detection/Correction of Data Content

Any data content in DCN/ICN repositories, web pages, or other DCN/ICN provided information that are found to be erroneous shall be reported to by reporting such erroneous information to the webmaster of the appropriate page at the E-Mail address indicated.

C.1.5 Payments

The payment terms address monthly user subscription fees and procedures for handling delinquent accounts.

C.1.5.1 Monthly Subscription Fees

Monthly fees will be assessed according to the attached fee schedule. Payment for base services will be made in advance and excess usage fees will be billed at the end of the month. Billing will be done through E-Mail; amounts owed are due within 10 days of the billing date. Payment may be made by Visa, MasterCard, or personal check. Automated payments will be debited on the 10th of the month.

C.1.5.2 Delinquent Accounts

Any account not paid by the 10th of the current month will be suspended from continued usage of the services provided under this agreement until such time as the account is made current. At the end of each month, any suspended accounts will be disconnected. Disconnected services will require a new setup fee in addition to any past due amounts in order to be re-connected. Interest will accrue on past due amounts at the rate of 1.5% per month.

C.1.6 Acceptable Use Policy

DCN/ICN Users shall subscribe to an Acceptable Use Policy for the DCN/ICN and related resources. This Acceptable Use Policy prohibits any activity that may be characterized as unethical and unacceptable any activity which purposely

Seeks to gain unauthorized access to the resources of the Internet,
Disrupts the intended use of the Internet,
Wastes resources (people, capacity, computer) through such actions,
Destroys the integrity of computer-based information, and/or
Compromises the privacy of Users.

C.1.7 General Terms and Conditions

The general terms and conditions applicable to the User Model Agreement include assignment, agreement severance, waivers of terms and conditions, and force majeure (acts of God like floods and earthquakes).

C.1.7.1 Assignment

The User must not assign any of the User's rights under this agreement without the prior written consent or authenticated E-Mail of the DCN/ICN.
The DCN/ICN may assign any of its rights under this agreement without the prior written consent of the User and the DCN/ICN must notify the User in the event that the DCN/ICN exercises this power.

C.1.7.2 Severance

A provision of or the application of a provision of this agreement that is prohibited in any jurisdiction is in that jurisdiction ineffective only to the extent of that prohibition.
A provision of or the application of a provision of this agreement that is void, illegal, or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
If a provision of this agreement is void, illegal, or unenforceable, it may be severed without affecting the validity, legality, or enforceability of the other provisions of this agreement.

C.1.7.3 Waiver

Waiver of a breach of this agreement or of any rights created by or arising upon default under this agreement must be in writing and signed by the party granting the waiver.
A breach of this agreement is not waived by a failure to exercise, a delay in exercising, or a partial exercise of any remedy available under this agreement or in law or equity.
A right created by, or arising upon, default under this agreement is not waived by a failure exercise, a delay in exercising, or a partial exercise of that right.
Variation of a term of this agreement must be in writing and signed by the parties.

C.1.7.4 Entire Agreement

This agreement is the entire agreement between the parties. In respect to its subject matter, the DCN/ICN may amend these terms and conditions at its discretion, provided that the DCN/ICN will give the User twenty (20) business days notice of any changes to these terms and conditions.
Upon receipt of notice of any amendment to the terms and conditions of this agreement, pursuant to clause 2.1.7.4(a), the User may elect to terminate this agreement by giving not less than one (1) week written notice to DCN/ICN at any time during the notice period referred to in clause 2.1.7.4(a).

C.1.7.5 Force Majeure

If a party is prevented from performing an obligation under this agreement because of events or circumstances beyond the reasonable control of, and not reasonably foreseeable by, the party, the party will be granted a reasonable extension of time to perform the obligation if
1. The party notifies the other party as soon as is reasonably practicable of the events or circumstances and of the period that the party expects to be prevented from performing the obligation and
2. The party takes all reasonable steps to avoid or limit the effects of the events or circumstances or to render to the reasonable satisfaction of the other party the equivalent of performance of the obligation.
If a party is, or is reasonably likely to be, prevented from performing a material obligation for a period greater than three months, the other party may terminate this agreement immediately by giving notice in writing to the firstmentioned party.
The events and circumstances contemplated under clause 2.1.7.5 include (but are not limited to) acts of God such as war, flood, legislation and strikes.

C.1.8 User Model Agreement Termination

The User Model Agreement termination may be invoked under the following conditions and without prejudice to accrued rights.

C.1.8.1 Conditions Leading to Termination

Either party is entitled to immediately terminate this agreement by notice in writing or by authenticated E-Mail to the other party in the event that

The other party has committed a material breach of this agreement and, if the breach is rectifiable, has not rectified the breach within 30 days after receiving notice from the other party, specifying the nature of the breach and requiring the party in default to rectify the breach;
An order is made or an effective resolution is passed for the winding up of the other party, or an administrator of the other party is appointed;
A receiver, receiver and manager, official manager, trustee, or a similar official is appointed over any of the assets of the other party;
An encumbrance takes possession of the whole or a substantial part of the undertaking or property of the other party;
The other party enters into, or resolves to enter into, any arrangement, composition or compromise with, or assignment for, the benefit of its creditors generally;
The other party ceases, or threatens to cease, to carry on business; and
The other party becomes unable to pay its debts when they are due.

C.1.8.2 Termination Without Prejudice to Accrued Rights

The termination of this agreement for whatever reason is without prejudice to any rights that have accrued to either party prior to the date of termination.

C.1.9 Specific Terms and Conditions

The specific terms that affect the User Model Agreement include

Telecommunications Decency Act of 1996 [TelecomAct, 96],
CompuServ Graphics Interchange Format (GIF) License, and
Compromised user identification and password and other security incidents.

C.1.9.1 Telecommunications Decency Act of 1996

The Telecommunications Decency Act of 1996 was signed into law by President Clinton on February 8, 1996. Several provisions of that law deal with origination, transmission, and storage of "indecent" material via the Internet in respect to individuals under the age of 18. Many individuals and organizations believe these provisions violate protections provided by the first amendment to the Constitution. The American Civil Liberties Union (ACLU) has challenged these provisions by filing a complaint with the United States District Court (Eastern District of Pennsylvania).

Consequences of this complaint, notwithstanding, include that the DCN/ICN will monitor information content provided to the DCN/ICN for indecent material and shall remove that material on any facilities controlled by the DCN/ICN. The DCN/ICN shall attempt to identify the source of the indecent content and, if found to be provided by a subscriber, shall take action to terminate the subscriber's account. Assistance in the investigation may be requested from appropriate agencies (e.g., White Collar Crime Center, Morgantown, WV).

C.1.9.2 CompuServ Graphics Interchange Format License

The CompuServ Graphics Interchange Format (GIF) is a format for images that gained wide use and popularity by Users of CompuServ and the World Wide Web for electronic publishing and viewing. The intellectual property (i.e., the LZW algorithm for compression/decompression of GIF image content) is protected by a patent issued to Unisys Corporation. CompuServ licenses these "LZW compression and decompression methods" from Unisys Corporation's U.S. Patent 4,558,302 and equivalent foreign patents. Additional technology embodied in GIF (SM) is licensed from CompuServe Incorporated. Graphics Interchange Format and GIF are service marks of CompuServe Incorporated.

Although the DCN/ICN does not currently plan to develop products using the GIF technology, the DCN/ICN will be a consumer of such products that use GIF (i.e., Lview Pro or other GIF viewing and editing or generation packages). These packages will be acquired in accordance with the license agreements from the product developers or vendors. If the DCN/ICN decides to develop such a product, then the CompuServ License for GIF will be acquired.

C.1.9.3 Compromised User Identification and Password and Other Security Incidents

The most common security threats may be in the form of compromised user identification codes and passwords or computer viruses downloaded from the Internet. In the event of a compromised user identification code or password, the User shall notify the local site security officer and the DCN/ICN Security Officer. A new user identification and password shall be issued upon proper authentication of the requester.

C.1.10 User Responsibilities

The User's responsibilities include connection to the Internet, provision of local site point of contact, notification of the DCN/ICN in the event of a security incident, precautions for minimizing the risk of computer viruses, acceptable conduct while using the DCN/ICN, and precautions on the use of downloaded information or software.

C.1.10.1 Connection to the Internet

The User's connection to the Internet Service will occur through the user's internal organization or through an Internet Access Provider of the User's choice. The User is responsible for all telecommunication charges and maintenance services between the Customer's site and his connection to the Internet.

C.1.10.2 User Points of Contact

The User must provide to the DCN/ICN MOCC the name and details of the User Site Contact at each of the User Premises and an alternate User Site Contact (for Users that have a site or multiple site license). The User must promptly inform the DCN/ICN Representative via authenticated E-Mail of any changes to that information.

C.1.10.3 Notification of Security Incidents

The User Site Contact must report to the DISA ASSIST at the location set out in the Security Incident Schedule and must ensure that the DISA ASSIST be notified of all security incidents experienced by the User Site Representative or by any authorized User when using the DCN/ICN. This report shall be made within twelve (12) hours of discovery of such an incident.

C.1.10.4 Commission of Illegal Acts

The User shall not use, or suffer, or knowingly permit another authorized person to use the DCN/ICN services in or in relation to the commission of an offense against the laws of the United States and the state of West Virginia.

C.1.10.5 Computer Virus Precautions

The User Site Contact shall take every reasonable precaution and shall ensure that each authorized User at that site takes every reasonable precaution in the use of the DCN/ICN to prevent contamination and diffusion of any software or hardware contamination including computer "viruses," "worms," or other malicious software entities.

C.1.10.6 User On-Line Conduct

Any conduct by a User that in the DCN/ICN's discretion violates the DCN/ICN Acceptable Use Policy will not be permitted. A subscription may be canceled at any time by the DCN/ICN, without notice, for any reason on refund of pro-rated subscription fees. The User agrees to use the DCN/ICN only for lawful purposes. The User is prohibited from posting on or transmitting through the DCN/ICN any unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; profane; hateful; racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any state, national or international law.

Specifically, the User shall not

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including, without limitation, the U.S. export control laws and regulations;
Post or transmit any information or software that contains a virus, cancelbot, trojan horse, worm, or other harmful component;
Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the services which is protected by copyright, or other proprietary right, or derivative work with respect thereto, without obtaining permission of the copyright owner or rightholder; or
Upload, post, publish, reproduce, transmit, or distribute in any way any component of the Service itself or derivative works with respect thereto, as the service is copyrighted as a collective work under U.S. copyright laws.

C.1.10.7 Downloading of Software

The User may not download or otherwise export or re-export the any DCN/ICN furnished or linked software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading the software, the User is agreeing to the foregoing and is representing and warranting that the User is not located in, under control of, or a national or resident of any such country or on any such list.

C.2.0 INFORMATION PROVIDER MODEL AGREEMENT

The Information Content Provider (ICP) Model Agreement is an agreement between the DCN/ICN and any ICP to the DCN/ICN that identifies the services to be provided; the responsibilities of each party; the policies for acceptable uses, legal matters, payment terms; the general terms; and the conditions and terms for the termination of the agreement.

C.2.1 ICP Model Agreement Definitions

Term	Description
24 x 7	A term to denote service availability (24 hours by 7 days per week).
Availability	The degree to which a system or service is operational and accessible for use. Frequently expressed as a probability; but may be expressed in terms of the number of hours per day and days per week such as 24 x 7.
Business Day	With respect to any Internet Services to be provided at a Customer's Premises or a Nominated User's Premises any day, other than a Saturday, Sunday, or recognized public holiday in the state in which the Customer Premises or the Nominated User's Premises is located.
Commencement Date	The date on which the Customer is connected to the DCN/ICN.
Customer Site Contact	The person nominated and authorized by the Customer in accordance with the Model Agreement clause as the contact person in respect to a particular Customer's Premises.
Customer's Premises	The site locations of the Customer as specified in the schedule.
Digital Signature	Information encrypted with a private key that is appended to electronic data to identify the owner of the private key and verify the integrity of the electronic data. "Digitally signed" shall refer to electronic data to which a digital signature has been appended.
Domain Name Service	A service that provides address information about Internet resources.
Force Majeure	An event or effect that cannot be reasonably anticipated or controlled (i.e., act of God).
Government Body	Any government or governmental, semi-governmental, administrative, fiscal, or judicial body, department, commission, authority, agency, or entity.
DCN/ICN Service	The provision of services by the DoD CALS Network/International CALS Network (core, intermediate, advanced) in accordance with the terms and conditions of this agreement and including those services described in Appendix A.
Initial Period	One (1) calendar year from the commencement date.
Intellectual Property Rights	Intelligent property rights include: Inventions, discoveries, and novel designs, whether registered or registrable as patents or designs, including (without limitation) developments or improvements of equipment, products technology, processes, methods, or techniques.
	Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist.
	Confidential information, trade secrets and trade and service marks (whether registered or unregistered).
Information Content Provider	The term "information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service to the DCN/ICN.
IC Working Group	A peer group that reviews (and optionally edits) all information content provided to the DCN/ICN for publication and determines the location of the information in the DCN/ICN information repository structure.
Internet	The international network of data networks utilizing the TCP/IP communications protocol, of which the DCN/ICN is part.
Internet Access Provider	A commercial or government organization that provides Internet connection and other optional services to a customer in return for fees or other considerations.
MOCC	Management Operations Control Center (the DCN/ICN operational control and support center [help desk]).
Password	A confidential alphanumeric string associated with a user identification, has a minimum length of seven characters, used to control access to DCN/ICN services.
Quality of Service	Includes system/service availability, speed of service, accuracy of information content, and dependability of service.
Speed	The time to perform a service; related descriptors include interactive, asynchronous, or real-time.
TCP/IP	Transmission Control Protocol/Internet Protocol.
User	An individual, government organization entity, corporate organization entity, or virtual enterprise entity that enters into a User Model Agreement with the DCN/ICN and has been issued a user identification and password to access DCN/ICN services.
User Identification	An alphanumeric string used to identify a DCN/ICN user, assigned to the user upon acceptance of the User Model Agreement, and used to authorize the user to access the DCN/ICN services.
World Wide Web Server	A computer system that facilitates access to multimedia documents using the HTTP.

C.2.2 Information Content Provider Services

The DCN/ICN shall provide the ICP the services specified in Table C.2.2.1-1.

C.2.2.1 Types of Services

The types of services provided by the DCN/ICN for the Information Content Provider include the services identified in Table C.2.2.1-1.

Table C.2.2.1-1 DCN/ICN Services for the ICP

Service Identifier	User Service Category	Description
SVC1100	Publications	Provide directories and hyperlinks to CALS and other repositories containing standards, technical information provided by Information Content Providers, and reusable software.
SVC1700	Dissemination Service	Provide a user-selectable information filtering service that filters information according to a user-defined profile.
SVC1710	Marketplace Statistics	Provide marketplace statistics on the use of the ICP information including, but not limited to, number of accesses per month by DCN/ICN subscribers.
SVC1900	Electronic (Web) Publishing	Provide an electronic publishing service for organizations or individuals that do not have organic electronic publishing capabilities.

C.2.2.2 Security

The DCN/ICN shall provide the following security measures and products to run on the firewalls and/or servers at the Management Operations Control Center. These measures will be used to protect unclassified, sensitive information only from security threats including, but not limited to, unauthorized intrusion or access, password compromise, and computer viruses.

Table C.2.2.2-1 Security Threat, Related Measure, and Products

Threat	Security Measure	Related Product/Service	Reference
Password Compromise	Password Encryption (access to E-Mail)	Power One-Time Pad (POTP) Secure Mail Software (Elementrix Co., New York, NY)	URL:http://draco.centerline.com:8080/~franl/crypto/one-time-pad.html
Password Compromise	Password Encryption (Access to Web Content, or Oracle databases)	Fortezza Technology (PCMCIA Cards + App. Software Products with embedded Fortezza APIs, e.g., Netscape, Oracle)	Sikorovsky, 1995h
Unauthorized Access	Bastion Firewall	With Anti-Virus Software, Anti Password Sniffing Software	Sikorovsky, 1995a
Unauthorized Intrusion	Firewall Security Testing and Intrusion Detection	COPS Tripware Open Market's Security Watch, and the Well-known SATAN (System Administration Tool for Analyzing Networks) Program	(ftp://cert.org in /pub/tools/cops) (ftp://ftp.cs.purdue.edu in /pub/spaf/COAST/Tripware) (http://www.openmarket.com) (ftp://ftp.win.tue.nl/pub/security/satan_doc.tar.Z) (commentary on SATAN may be found at: http://ciac.llnl.gov/ciac/notes/Notes07.html)
Unauthorized Intrusion	Intrusion Detection Notification	COURTNEY Software (on the firewall)	(http://ciac.llnl.gov/ciac.ToolsUnixNetMon.html#Courtney)
Viruses	Virus Detection and Virus Removal	VirusScan	McAfee Associates (http://www.mcafee.com)
Security Incident	DISA Security Incident Response Team (ASSIST)	N/A	DISA Center for Information Systems Security (http://www.disa.mil/line/cissmid.html)
Unauthorized Intrusion	Accurate Timing of Messages, Packets	Clock Synchronization Sites for International Time Authentication	McGillivary, 1995b

C.2.3 Legal Matters

The legal matters include applicable laws of the United States and the state of West Virginia as well as warranties, indemnification, tax liability, restricted rights, copyrights, and trademarks.

C.2.3.1 Applicable Laws

Laws applicable to this User Model Agreement include the laws of the United States and the state of West Virginia.

C.2.3.2 Warranties

C.2.3.3 Indemnification

Use of DCN/ICN Services or Hardware/Software Contamination Resulting from DCN/ICN Services

The Information Content Provider indemnifies the DCN/ICN and holds the DCN/ICN harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against the DCN/ICN whatsoever arising out of (a) the use or attempted use of the DCN/ICN's services by the Information Content Provider or by any person authorized by the Information Content Provider from the use of any facility or equipment connected to the DCN/ICN by the Information Content Provider or any person authorized by the Information Content Provider, or (b) any hardware or software contamination resulting from the use by the Information Content Provider or by any person authorized by the Information Content Provider of the DCN/ICN, except to the extent that such loss, cost, expense, or liability arises from or is attributable to any negligent act or omission or willful misconduct on the part of the DCN/ICN, the DCN/ICN's officers, employees, contractors, and agents.

Intellectual Property Rights

The Information Content Provider indemnifies the DCN/ICN and holds the DCN/ICN harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against the DCN/ICN whatsoever arising out of any action brought by any third party against the DCN/ICN for infringement of that third party's Intellectual Property Rights due to the Information Content Provider's use or any Nominated Information Content Provider's use of the Internet service provided to the Information Content Provider or any Nominated Information Content Provider pursuant to this agreement or due to the use of the Internet Service by any person authorized by the Information Content Provider or any Nominated Information Content Provider to use the Internet service provided to the Information Content Provider or any Nominated Information Content Provider pursuant to this agreement or the DCN/ICN's possession of Information Content Provider's or Nominated Information Content Provider's data or materials in accordance with this agreement except to the extent that such loss, cost, expense, or liability arises from or is attributable to any negligent act or omission or willful misconduct on the part of the DCN/ICN or the DCN/ICN's officers, employees, contractors, and agents.

Accuracy of Information Content

Neither the DCN/ICN, nor any of its providers of information shall have any liability for the accuracy of the information contained in the services, or for omissions therein. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits or punitive, or consequential damages.

Credit Card Number Disclosure

The DCN/ICN shall not be held liable for any abuse of the credit card number transmitted to the DCN/ICN in connection with this ICP agreement that occurred outside the control of the DCN/ICN or which was not caused by gross negligence or intent of the DCN/ICN or its staff.

C.2.3.4 Tax Liability

If the information content has been provided to the DCN/ICN under a revenue sharing arrangement, the DCN/ICN may have a duty to collect use tax on sales outside the state if the contacts with the state meet a minimum threshold. The DCN/ICN should include language in its on-line contracts with Users such as the following: "You are responsible for paying any sales or use tax imposed at any time whatsoever on this service." This provision advises Users that their purchase price may include sales or use tax. It does not, however, remove the burden from the DCN/ICN to collect the tax if the vendor is required to do so by state tax authorities. The tax rates for each state in the United States are included in Appendix E.

C.2.3.5 Restricted Rights Legend

Use, duplication, or disclosure of ICP provided information by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

C.2.3.6 Trademarks and Copyrights

DCN/ICN, Inc., the DCN/ICN Browse Engine, the DCN/ICN logo, and all page headers, graphics, and button icons are copyright materials and/or trademarks, registered trademarks, service marks, or registered service marks of the DCN/ICN. All other product names and company logos mentioned herein are the trademarks of their respective owners.

C.2.4 Data Rights

Intellectual property is defined to include

Inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including (without limitation) developments or improvements of equipment, products technology, processes, methods or techniques;
Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; and
Confidential information, trade secrets and trade and service marks (whether registered or unregistered).

The Information Content Provider shall not copy, use, transmit, store, or otherwise process protected intellectual property without the expressed written consent of the Intellectual Property owner. All such material used shall be properly acknowledged.

C.2.5 Payments

Depending on the arrangements negotiated by duly authorized DCN/ICN representatives and the ICP, payment or revenue sharing for the ICP information may be authorized. The terms of such an arrangement shall be appended to this agreement in a separate schedule.

C.2.6 DCN/ICN Policy

DCN/ICN ICPs shall subscribe to an Acceptable Use Policy for the DCN/ICN and related resources. This Acceptable Use Policy prohibits any activity that may be characterized as: unethical and unacceptable any activity which purposely

Seeks to gain unauthorized access to the resources of the Internet,
Disrupts the intended use of the Internet,
Wastes resources (people, capacity, computer) through such actions,
Destroys the integrity of computer-based information, and/or
Compromises the privacy of ICPs or subscribers.

C.2.7 General Terms and Conditions

The general terms and conditions applicable to the ICP Model Agreement include assignment, agreement severance, waivers of terms and conditions, and force majeure (acts of God like floods and earthquakes).

C.2.7.1 Assignment

The ICP must not assign any of the ICP's rights under this agreement without the prior written consent or authenticated E-Mail from the DCN/ICN.
The DCN/ICN may assign any of its rights under this agreement without the prior written consent of the ICP and the DCN/ICN must notify the ICP in the event that the DCN/ICN exercises this power.

C.2.7.2 Severance

A provision of or the application of a provision of this agreement that is prohibited in any jurisdiction is in that jurisdiction ineffective only to the extent of that prohibition.
A provision of, or the application of a provision of, this agreement which is void, illegal, or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
If a provision of this agreement is void, illegal, or unenforceable, it may be severed without affecting the validity, legality or enforceability of the other provisions of this agreement.

C.2.7.3 Waiver

Waiver of a breach of this agreement, or of any rights created by or arising upon default under this agreement must be in writing and signed by the party granting the waiver.
A breach of this agreement is not waived by a failure to exercise, a delay in exercising, or a partial exercise of, any remedy available under this agreement or in law or equity.
A right created by, or arising upon, default under this agreement is not waived by a failure exercise, a delay in exercising, or a partial exercise of, that right.
Variation of a term of this agreement must be in writing and signed by the parties.

C.2.7.4 Entire Agreement

This agreement is the entire agreement between the parties. In respect of its subject matter, the DCN/ICN may amend these terms and conditions at its discretion provided that the DCN/ICN will give the ICP twenty (20) Business Days notice of any changes to these terms and conditions.
Upon receipt of notice of any amendment to the terms and conditions of this agreement, pursuant to clause C.2.7.4(a), the ICP may elect to terminate this agreement by giving not less than one (1) week written notice to the DCN/ICN at any time during the notice period referred to in clause C.2.7.4(a).

C.2.7.5 Force Majeure

If a party is prevented from performing an obligation under this agreement because of events or circumstances beyond the reasonable control of, and not reasonably foreseeable by, the party, the party will be granted a reasonable extension of time to perform the obligation if
1. The party notifies the other party as soon as is reasonably practicable of the events or circumstances and of the period that the party expects to be prevented from performing the obligation; and
2. The party takes all reasonable steps to avoid or limit the effects of the events or circumstances or to render to the reasonable satisfaction of the other party the equivalent of performance of the obligation.
If a party is, or is reasonably likely to be, prevented from performing a material obligation for a period greater than three months, the other party may terminate this agreement immediately by giving notice in writing to the firstmentioned party.
The events and circumstances contemplated under clause C.2.7.5 include (but are not limited to) acts of God (war, flood, legislation, and strikes).

C.2.8 ICP Model Agreement Termination

The ICP Model Agreement termination may be invoked under the following conditions and without prejudice to accrued rights.

C.2.8.1 Conditions Leading to Termination

Either party is entitled to immediately terminate this agreement by notice in writing or by authenticated E-Mail to the other party in the event that

The other party has committed a material breach of this agreement and, if the breach is rectifiable, has not rectified the breach within 30 days after receiving notice from the other party specifying the nature of the breach and requiring the party in default to rectify the breach;
An order is made or an effective resolution is passed for the winding up of the other party, or an administrator of the other party is appointed;
A receiver, receiver and manager, official manager, trustee, or a similar official is appointed over any of the assets of the other party;
An encumbrance takes possession of the whole or a substantial part of the undertaking or property of the other party;
The other party enters into, or resolves to enter into, any arrangement, composition, or compromise with, or assignment for, the benefit of its creditors generally;
The other party ceases, or threatens to cease, to carry on business;
The other party becomes unable to pay its debts when they are due.

C.2.8.2 Termination Without Prejudice to Accrued Rights

The termination of this agreement for whatever reason is without prejudice to any rights which have accrued to either party prior to the date of termination.

C.2.9 Specific Terms

Specific terms include compliance to recent applicable laws, copyrights, patents, and agreements.

C.2.9.1 Telecommunications Decency Act of 1996

The Telecommunications Decency Act of 1996 was signed into law by President Clinton on February 8, 1996. Several provisions of that law deal with origination, transmission, storage of "indecent" material via the Internet in respect to individuals under the age of 18. Many individuals and organizations believe these provisions violate protections provided by the first amendment to the Constitution. The American Civil Liberties Union (ACLU) has challenged these provisions by filing a complaint with the United States District Court (Eastern District of Pennsylvania).

Consequences of this complaint, notwithstanding, include that the DCN/ICN will monitor information content provided to the DCN/ICN for indecent material and shall remove that material on any facilities controlled by the DCN/ICN. The DCN/ICN shall attempt to identify the source of the indecent content and, if found to be provided by an ICP, shall take action to terminate the ICP's agreement. Assistance in the investigation may be requested from appropriate agencies. (e.g., White Collar Crime Center, Morgantown, WV).

C.2.9.2 CompuServ Graphics Interchange Format License

The Graphics Interchange Format (GIF) is a format for images that gained wide use and popularity by users of CompuServ and the World Wide Web for electronic publishing and viewing. The intellectual property (i.e., the LZW algorithm for compression/decompression of GIF image content) is protected by a patent issued to Unisys Corporation. CompuServ licenses these "LZW compression and decompression methods" from Unisys Corporation's U.S. Patent 4,558,302 and equivalent foreign patents. Additional technology embodied in the GIF SM is licensed from CompuServe, Incorporated. Graphics Interchange Format and GIF are service marks of CompuServe, Incorporated.

If the ICP provides software products to the DCN/ICN containing GIF technology, the ICP is responsible for executing the required license with CompuServ.

C.2.10 Information Content Provider Responsibilities

The Information Content Provider's responsibilities include connection to the Internet, provision of local site point of contact, notification of the DCN/ICN in the event of a security incident, precautions for minimizing the risk of computer viruses, acceptable conduct while using the DCN/ICN, and precautions on the use of uploaded information or software.

C.2.10.1 Connection to the Internet

The Information Content Provider's connection to the Internet service will occur through the Information Content Provider's internal organization or through an Internet Access Provider of the Information Content Provider's choice. The Information Content Provider is responsible for all telecommunication charges and maintenance services between the Customer's site and his connection to the Internet.

C.2.10.2 Information Content Provider Points of Contact

The Information Content Provider must provide to the DCN/ICN MOCC the name and details of the Information Content Provider Site Contact at each of the Information Content Provider Premises and an alternate Information Content Provider Site Contact (for Information Content Providers that have a site or multiple site license). The Information Content Provider must promptly inform the DCN/ICN Representative via authenticated E-Mail of any changes to that information.

C.2.10.3 Notification of Security Incidents

The Information Content Provider Site Contact must report to the DISA ASSIST at the location set out in the Security Incident Schedule and must ensure that the DISA ASSIST be notified of all security incidents experienced by the Information ContentProvider Site Representative or by any authorized Information Content Provider when using the DCN/ICN. This report shall be made within twelve (12) hours of discovery of such an incident.

C.2.10.4 Commission of Illegal Acts

The Information Content Provider shall not use, or suffer, or knowingly permit another authorized person to use the DCN/ICN services in, or in relation to, the commission of an offense against the laws of the United States and the state of West Virginia.

C.2.10.5 Precautions for Computer Viruses

The Information Content Provider Site Contact shall take every reasonable precaution and shall ensure that each authorized Information Content Provider at that site takes every reasonable precaution in the use of the DCN/ICN to prevent contamination and diffusion of any software or hardware contamination including computer "viruses," "worms," or other malicious software entities.

C.2.10.6 Information Content Provider On-Line Conduct

Any conduct by an Information Content Provider that in the DCN/ICN's discretion violates the DCN/ICN Acceptable Use Policy will not be permitted. A subscription may be canceled at any time by the DCN/ICN, without notice, for any reason on refund of pro-rated subscription fees. The Information Content Provider agrees to use the DCN/ICN only for lawful purposes. The Information Content Provider is prohibited from posting on or transmitting through the DCN/ICN any unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; profane; hateful; racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any state, national, or international law.

Specifically, the Information Content Provider shall not

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including, without limitation, the U.S. export control laws and regulations;
Post or transmit any information or software that contains a virus, cancelbot, trojan horse, worm, or other harmful component;
Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the services that is protected by copyright, or other proprietary right or derivative work with respect thereto, without obtaining permission of the copyright owner or rightholder; or
Upload, post, publish, reproduce, transmit, or distribute in any way any component of the DCN/ICN Services itself or derivative works with respect thereto, as the service is copyrighted as a collective work under U.S. copyright laws.

C.2.10.7 Uploading/Downloading of Software

The User may not upload/download or otherwise export or re-export any DCN/ICN furnished or linked software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading the software, the User is agreeing to the foregoing and is representing and warranting that the User is not located in, under control of, or a national or resident of any such country or on any such list.

Uploaded software, if E-Mailed will be sent with a digital signature of the sender.

C.2.11 Information Content

The ICP agrees to put this E-Mail address on every document he or she posts to the DCN/ICN, so that questions on topic content may be directed to the appropriate ICP. The Information Content Provider also agrees to indicate the date of latest revision on each document and update information in her or his topics as appropriate. In general, the following items should be included at the top of each submission:

Name, organization, and E-Mail address of the ICP,
The author of the document (if not the ICP),
The document's last revision date,
An expiration date for the document (if applicable), and
Acknowledgment of permission to use any copyrighted information (if applicable).

C.2.11.1 General Guidelines

Material on the DCN/ICN, whether on a gopher or WWW server, is accessible by internet Users around the world (except for materials restricted to local use only). For this reason, the ICP must consider the following when posting materials to the DCN/ICN.

Do not violate copyright. Be sure to have permission of copyright holders before including text, graphics, or other materials.
Plan for the regular updating of information that will become dated.
Be prepared to respond directly to questions about your information. Your E-Mail address will be included on each document you post.

C.2.11.2 Information Content Format

The preferred format for most information on the DCN/ICN is HTML (HyperText Markup Language) - the standard for WWW documents. Several ways of producing documents in HTML format are available, and workshops may be offered periodically by the DCN/ICN MOCC staff. Existing documents can usually be fairly easily converted to HTML, retaining much of the layout and graphics. Documents can also be written directly in HTML format. Editors are available for most microcomputer platforms. The information the User is to place in the DCN/ICN may be added to the main DCN/ICN WWW server, or it may be recommended that the User run it on a WWW server on another departmental or organization machine. In the latter case, information will still appear in the DCN/ICN, but will be under your immediate control. The User is responsible for the appearance of information, and how it reflects on the office or organization.

The DCN/ICN Information Content Working Group (ICWG) determines the overall structure of the information repositories, and will discuss with the User the location of your information within this structure. When pages are ready to be made public, the User will contact the DCN/ICN ICP Coordination (E-Mail: icp_cdr@mantech-wva.com) so that the link from the DCN/ICN will be made.

C.3 ADVERTISER MODEL AGREEMENT

The Advertiser Model Agreement is an agreement between the DCN/ICN and any Advertiser to the DCN/ICN that identifies the services to be provided; the responsibilities of each party; the policies for acceptable uses, legal matters, payment terms; general terms; and the conditions and the terms for the termination of the agreement.

C.3.1 Advertiser Model Agreement Definitions

Term	Description
24 x 7	A term to denote service availability (24 hours by 7 days per week).
Advertiser	The term "Advertiser" means any person or entity that is responsible, in whole or in part, for the submission of information that offers products or services provided through the Internet or any other interactive computer service to the DCN/ICN for dissemination in exchange for payment of fees.
Availability	The degree to which a system or service is operational and accessible for use. Frequently expressed as a probability, but may be expressed in terms of the number of hours per day and days per week such as 24 x 7.
Business Day	With respect to any Internet Services to be provided at a Customer's Premises or a Nominated User's Premises any day, other than a Saturday, Sunday, or recognized public holiday in the state in which the Customer Premises or the Nominated User's Premises is located.
Commencement Date	The date on which the Customer is connected to the DCN/ICN.
Customer Site Contact	The person nominated and authorized by the Customer in accordance with the Model Agreement clause as the contact person in respect to a particular Customer's Premises.
Customer's Premises	The site locations of the Customer as specified in the Schedule.
Digital Signature	Information encrypted with a private key which is appended to electronic data to identify the owner of the private key and verify the integrity of the electronic data. "Digitally signed" shall refer to electronic data to which a digital signature has been appended.
Domain Name Service	A service that provides address information about Internet resources.
Force Majeure	An event or effect that cannot be reasonably anticipated or controlled (i.e., act of God).
Government Body	Any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, agency or entity.
DCN/ICN Service	The provision of services by the DoD CALS Network/International CALS Network (core, intermediate, advanced) in accordance with the terms and conditions of this agreement, including those services described in Appendix A.
Initial Period	One (1) calendar year from the commencement date.
Intellectual Property Rights	Intelligent property rights include: Inventions, discoveries, and novel designs, whether or not registered or registrable as patents or designs, including (without limitation) developments or improvements of equipment, products technology, processes, methods, or techniques;
	Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; and
	Confidential information, trade secrets and trade and service marks (whether registered or unregistered).
Information Content Provider	The term "information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service to the DCN/ICN.
IC Working Group	A peer group that reviews (optionally edits) all information content provided to the DCN/ICN for publication and determines the location of the information in the DCN/ICN information repository structure.
Internet	The international network of data networks utilizing the TCP/IP communications protocol, of which the DCN/ICN is part.
Internet Access Provider	A commercial or government organization that provides Internet connection and other optional services to a customer in return for fees or other considerations.
MOCC	Management Operations Control Center (the DCN/ICN operational control and support center [help desk]).
Password	A confidential alphanumeric string associated with a user identification, has a minimum length of seven characters, used to control access to DCN/ICN services.
Quality of Service	Includes system/service availability, speed of service, accuracy of information content, and dependability of service.
Speed	The time to perform a service; related descriptors include interactive, asynchronous, or real-time.
TCP/IP	Transmission Control Protocol/Internet Protocol.
User	An individual, government organization entity, corporate organization entity, or virtual enterprise entity that enters into a User Model Agreement with the DCN/ICN and has been issued a user identification and password to access DCN/ICN services.
User Identification	An alphanumeric string used to identify a DCN/ICN user, assigned to the User upon acceptance of the User Model Agreement, and used to authorize the User to access the DCN/ICN services.
World Wide Web Server	A computer system that facilitates access to multimedia documents using the HTTP.

C.3.2 Services

The DCN/ICN shall provide the Advertisers the services specified in Table C.3.2.1-1. In addition, the DCN/ICN shall take security precautions specified in Table C.3.2.2-1.

C.3.2.1 Types of Services

The DCN/ICN shall provide CALS Advertiser the types of services specified in Table C.3.2.1-1.

Table C.3.2.1-1 DCN/ICN Services for CALS Advertisers

Service Identifier	User Service Category	Description
SVC1100	Publications	Provide directories and hyperlinks to CALS and other repositories containing standards, technical information provided by Information Content Providers, and reusable software.
SVC1700	Dissemination Service	Provide a user-selectable information filtering service that filters information according to a user-defined profile.
SVC1710	Marketplace Statistics	Provide marketplace statistics on the use of the ICP information including, but not limited to, number of accesses per month by DCN/ICN subscribers.
SVC1800	Advertising Services	Provide an electronic mall for CALS industry, association, or other organization advertising of CALS products and services.

C.3.2.2 Security

Table C.3.2.2-1 Security Threat, Related Measure and Products

Threat	Security Measure	Related Product/Service	Reference
Password Compromise	Password Encryption (access to E-Mail)	Power One-Time Pad (POTP) Secure Mail Software (Elementrix Co., New York, NY)	URL:http://draco.centerline.com:8080/~franl/crypto/one-time-pad.html
Password Compromise	Password Encryption (Access to Web Content, or Oracle databases)	Fortezza Technology (PCMCIA Cards + App. Software Products with embedded Fortezza APIs, e.g., Netscape, Oracle)	Sikorovsky, 1995h
Unauthorized Access	Bastion Firewall	With Anti-Virus Software, Anti Password Sniffing Software	Sikorovsky, 1995a
Unauthorized Intrusion	Firewall Security Testing and Intrusion Detection	COPS Tripware Open Market's Security Watch, and the Well-known SATAN (System Administration Tool for Analyzing Networks) Program	(ftp://cert.org in /pub/tools/cops) (ftp://ftp.cs.purdue.edu in /pub/spaf/COAST/Tripware) (http://www.openmarket.com) (ftp://ftp.win.tue.nl/pub/security/satan_doc.tar.Z) (commentary on SATAN may be found at: http://ciac.llnl.gov/ciac/notes/Notes07.html)
Unauthorized Intrusion	Intrusion Detection Notification	COURTNEY Software (on the firewall )	http://ciac.llnl.gov/ciac.ToolsUnixNetMon.html#Courtney
Viruses	Virus Detection and Virus Removal	VirusScan	McAfee Associates (http://www.mcafee.com)
Security Incident	DISA Security Incident Response Team (ASSIST)	N/A	DISA Center for Information Systems Security (http://www.disa.mil/line/cissmid.html)
Unauthorized Intrusion	Accurate Timing of Messages, Packets	Clock Synchronization Sites for International Time Authentication	McGillivary, 1995b

C.3.3 Legal Matters

The legal matters include applicable laws of the United States and the state of West Virginia as well as warranties, indemnification, tax liability, restricted rights, copyrights, and trademarks.

C.3.3.1 Applicable Laws

Laws applicable to this User Model Agreement include the laws of the United States and the state of West Virginia.

C.3.3.2 Warranties

C.3.3.3 Indemnification

Use of DCN/ICN Services or Hardware/Software Contamination Resulting from DCN/ICN Services

The Advertiser indemnifies the DCN/ICN and holds the DCN/ICN harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against the DCN/ICN whatsoever arising out of (a) the use or attempted use of the DCN/ICN's services by the Advertiser or by any person authorized by the Advertiser from the use of any facility or equipment connected to the DCN/ICN by the Advertiser or any person authorized by the Advertiser, or (b) any hardware or software contamination resulting from the use by the Advertiser or by any person authorized by the Advertiser of the DCN/ICN, except to the extent that such loss, cost, expense or liability arises from or is attributable to any negligent act or omission or willful misconduct on the part of the DCN/ICN, the DCN/ICN's officers, employees, contractors, or agents.

Intellectual Property Rights

The Advertiser indemnifies the DCN/ICN and holds the DCN/ICN harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against the DCN/ICN whatsoever arising out of any action brought by any third party against the DCN/ICN for infringement of that third party's Intellectual Property Rights due to the Advertiser's use or any Nominated Advertiser's use of the Internet service provided to the Advertiser or any Nominated Advertiser pursuant to this agreement or due to the use of the Internet service by any person authorized by the Advertiser or any Nominated Advertiser to use the Internet service provided to the Advertiser or any Nominated Advertiser pursuant to this agreement or the DCN/ICN's possession of Advertiser's or Nominated Advertiser's data or materials in accordance with this agreement except to the extent that such loss, cost, expense, or liability arises from or is attributable to any negligent act or omission or willful misconduct on the part of the DCN/ICN or the DCN/ICN's officers, employees, contractors, and agents.

Accuracy of Information Content

Credit Card Number Disclosure

The DCN/ICN shall not be held liable for any abuse of the credit card number transmitted to the DCN/ICN in connection with this Advertiser agreement that occurred outside the control of the DCN/ICN or which was not caused by gross negligence or intent of the DCN/ICN or its staff.

C.3.3.4 Tax Liability

If the information content has been provided to the DCN/ICN under a revenue sharing arrangement, the DCN/ICN may have a duty to collect use tax on sales outside the state if the contacts with the state meet a minimum threshold. The DCN/ICN should include language in its on-line contracts with Users such as the following: "You are responsible for paying any sales or use tax imposed at any time whatsoever on this service." This provision advises users that their purchase price may include sales or use tax. It does not, however, shift the burden from the DCN/ICN to collect the tax if the vendor is required to do so by state tax authorities. The tax rates for each state in the United States are included in Appendix E.

C.3.3.5 Restricted Rights Legend

Use, duplication, or disclosure of Advertiser provided information by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

C.3.3.6 Trademarks and Copyrights

C.3.4 Data Rights

Intellectual property is defined to include

Inventions, discoveries, and novel designs, whether or not registered or registrable as patents or designs, including (without limitation) developments or improvements of equipment, products technology, processes, methods, or techniques;
Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist; and
Confidential information, trade secrets, and trade and service marks (whether registered or unregistered).

The Advertiser shall not copy, use, transmit, store, or otherwise process protected intellectual property without the expressed written consent of the Intellectual Property owner. All such material used shall be properly acknowledged.

C.3.5 Payments

The payment terms address advertising subscription fees and procedures for handling delinquent accounts.

C.3.5.1 Advertising Fees

Fees will be assessed according to the attached fee schedule. Payment for advertising services will be made in advance. Billing will be done through E-Mail; amounts owed are due within prior to posting of the advertisement. Payment may be made by Visa, MasterCard, or personal check.

C.3.5.2 Advertising Accounts

For advertisers wishing to advertise for periods greater than three months, the Advertiser may open an advertising account with bills submitted and paid monthly. Automated payments will be debited on the 10th of each month for advertising services rendered.

C.3.5.3 Delinquent Accounts

C.3.6 DCN/ICN Advertising Policy

DCN/ICN Advertisers shall subscribe to an Acceptable Use Policy for the DCN/ICN and related resources. This Acceptable Use Policy prohibits any activity that may be characterized as unethical and unacceptable any activity which purposely

Seeks to gain unauthorized access to the resources of the Internet,
Disrupts the intended use of the Internet,
Wastes resources (people, capacity, computer) through such actions,
Destroys the integrity of computer-based information, and/or
Compromises the privacy of Advertisers or subscribers.

C.3.7 General Terms and Conditions

The general terms and conditions applicable to the Advertiser Model Agreement include assignment, agreement severance, waivers of terms and conditions, and force majeure (acts of God like floods, earthquakes).

C.3.7.1 Assignment

The Advertiser must not assign any of the Advertiser's rights under this agreement without the prior written consent or authenticated E-Mail of the DCN/ICN.
The DCN/ICN may assign any of its rights under this agreement without the prior written consent of the Advertiser and the DCN/ICN must notify the Advertiser in the event that the DCN/ICN exercises this power.

C.3.7.2 Severance

A provision of, or the application of a provision of, this agreement that is prohibited in any jurisdiction is in that jurisdiction ineffective only to the extent of that prohibition.
A provision of, or the application of a provision of, this agreement that is void, illegal, or unenforceable in any jurisdiction does not affect the validity, legality, or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
If a provision of this agreement is void, illegal, or unenforceable, it may be severed without affecting the validity, legality, or enforceability of the other provisions of this agreement.

C.3.7.3 Waiver

Waiver of a breach of this agreement or of any rights created by or arising upon default under this agreement must be in writing and signed by the party granting the waiver.
A breach of this agreement is not waived by a failure to exercise, a delay in exercising, or a partial exercise of any remedy available under this agreement or in law or equity.
A right created by, or arising upon, default under this agreement is not waived by a failure, exercise, a delayin exercising, or a partial exercise of that right.
Variation of a term of this agreement must be in writing and signed by the parties.

C.3.7.4 Entire Agreement

This agreement is the entire agreement between the parties. In respect to its subject matter, the DCN/ICN may amend these terms and conditions at its discretion, provided that the DCN/ICN will give the Advertiser twenty (20) business days notice of any changes to these terms and conditions.
Upon receipt of notice of any amendment to the terms and conditions of this agreement, pursuant to clause C.3.7.4(a), the Advertiser may elect to terminate this agreement by giving not less than one (1) week written notice to DCN/ICN at any time during the notice period referred to in clause C.3.7.4(a).

C.3.7.5 Force Majeure

If a party is prevented from performing an obligation under this agreement because of events or circumstances beyond the reasonable control of, and not reasonably foreseeable by, the party, the party will be granted a reasonable extension of time to perform the obligation if
1. The party notifies the other party as soon as is reasonably practicable of the events or circumstances and of the period that the party expects to be prevented from performing the obligation and
2. The party takes all reasonable steps to avoid or limit the effects of the events or circumstances or to render to the reasonable satisfaction of the other party the equivalent of performance of the obligation.
If a party is or is reasonably likely to be prevented from performing a material obligation for a period greater than three months, the other party may terminate this agreement immediately by giving notice in writing to the firstmentioned party.
The events and circumstances contemplated under clause C.3.7.5 include (but are not limited to) acts of God (war, flood, legislation, and strikes).

C.3.8 Advertiser Model Agreement Termination

The Advertiser Model Agreement termination may be invoked under the following conditions and without prejudice to accrued rights.

C.3.8.1 Conditions Leading to Termination

Either party is entitled to immediately terminate this agreement by notice in writing or by authenticated E-Mail to the other party in the event that

The other party has committed a material breach of this agreement and, if the breach is rectifiable, has not rectified the breach within thirty (30) days after receiving notice from the other party specifying the nature of the breach and requiring the party in default to rectify the breach;
An order is made or an effective resolution is passed for the winding up of the other party, or an administrator of the other party is appointed;
A receiver, receiver and manager, official manager, trustee, or a similar official is appointed over any of the assets of the other party;
An encumbrance takes possession of the whole or a substantial part of the undertaking or property of the other party;
The other party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for, the benefit of its creditors generally;
The other party ceases, or threatens to cease, to carry on business; and
The other party becomes unable to pay its debts when they are due.

C.3.8.2 Termination Without Prejudice to Accrued Rights

The termination of this agreement for whatever reason is without prejudice to any rights that have accrued to either party prior to the date of termination.

C.3.9 Specific Terms

Issues that Advertisers should note include the Telecommunications Decency Act of 1996 [TelecomAct, 96].

Telecommunications Decency Act of 1996

Consequences of this complaint, notwithstanding, include that the DCN/ICN will monitor information content provided to the DCN/ICN for indecent material and shall remove that material on any facilities controlled by the DCN/ICN. The DCN/ICN shall attempt to identify the source of the indecent content and, if found to be provided by an ICP, the DCN/ICN shall take action to terminate the ICP's agreement. Assistance in the investigation may be requested from appropriate agencies (e.g., White Collar Crime Center, Morgantown, WV).

C.3.10 Advertiser Responsibilities

The Advertiser's responsibilities include connection to the Internet, provision of local site point of contact, notification of the DCN/ICN in the event of a security incident, precautions for minimizing the risk of computer viruses, acceptable conduct while using the DCN/ICN, and precautions on the use of uploaded information or software.

C.3.10.1 Connection to the Internet

The Advertiser's connection to the Internet service will occur through the Advertiser's internal organization or through an Internet Access Provider of the Advertiser's choice. The Advertiser is responsible for all telecommunication charges and maintenance services between the Customer's site and his connection to the Internet.

C.3.10.2 Advertiser Points of Contact

The Advertiser must provide to the DCN/ICN MOCC the name and details of the Advertiser Site Contact at each of the Advertiser Premises and an alternate Advertiser Site Contact (for Advertisers that have a site or multiple site license). The Advertiser must promptly inform the DCN/ICN Representative via authenticated E-Mail of any changes to that information.

C.3.10.3 Notification of Security Incidents

The Advertiser Site Contact must report to the DISA ASSIST at the location set out in the Security Incident Schedule and must ensure that the DISA ASSIST be notified of all security incidents experienced by the Advertiser Site Representative or by any authorized Advertiser when using the DCN/ICN. This report shall be made within twelve (12) hours of discovery of such an incident.

C.3.10.4 Commission of Illegal Acts

The Advertiser shall not use, or suffer, or knowingly permit another authorized person to use the DCN/ICN services in or in relation to the commission of an offense against the laws of the United States and the state of West Virginia.

C.3.10.5 Computer Virus Precautions

The Advertiser Site Contact shall take every reasonable precaution and shall ensure that each authorized Advertiser at that site takes every reasonable precaution in the use of the DCN/ICN to prevent contamination and diffusion of any software or hardware contamination including computer "viruses," "worms," or other malicious software entities.

C.3.10.6 Advertiser On-Line Conduct

Any conduct by an Advertiser that, in the DCN/ICN's discretion, violates the DCN/ICN Acceptable Use Policy will not be permitted. A subscription may be canceled at any time by the DCN/ICN, without notice, for any reason on refund of pro-rated subscription fees. Advertiser agrees to use the DCN/ICN only for lawful purposes. The Advertiser is prohibited from posting on or transmitting through the DCN/ICN any unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; profane; hateful; racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any state, national, or international law.

Specifically, the Advertiser shall not

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including, without limitation, the U.S. export control laws and regulations;
Post or transmit any information or software that contains a virus, cancelbot, trojan horse, worm, or other harmful component;
Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the service that is protected by copyright, or other proprietary right or derivative work with respect thereto, without obtaining permission of the copyright owner or rightholder; or
Upload, post, publish, reproduce, transmit, or distribute in any way any component of the service itself or derivative works with respect thereto, as the service is copyrighted as a collective work under U.S. copyright laws.

C.3.10.7 Uploading/Downloading of Software

The User may not upload/download or otherwise export or re-export any DCN/ICN furnished or linked software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading the Software, the User is agreeing to the foregoing and is representing and warranting that the User is not located in, under control of, or a national or resident of any such country or on any such list.