{"id":42378,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/internet-account-server-participation-agreement-netscape.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"internet-account-server-participation-agreement-netscape","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/internet-account-server-participation-agreement-netscape.html","title":{"rendered":"Internet Account Server Participation Agreement &#8211; Netscape Communications Corp. and Concentric Network Corp."},"content":{"rendered":"<pre>\n                      NETSCAPE COMMUNICATIONS CORPORATION\n               'INTERNET ACCOUNT SERVER' PARTICIPATION AGREEMENT\n\n\n     This Agreement is made as of January 14, 1997 ('Effective Date') between\n                                                     --------------         \nNetscape Communications Corporation, a Delaware corporation with its principal\nplace of business at 501 East Middlefield Road, Mountain View, CA 94043\n('Netscape') and Concentric Network Corporation, a Florida corporation with its\nprincipal place of business at 10590 N. Tantau Avenue, Cupertino, CA 95014\n('Provider').\n  --------   \n\n     A.   Netscape develops and markets technology and services for use in\nconnection with the Internet.  Netscape has a system ('Account Server') that\n                                                       --------------       \nassists Internet users in the U.S. and Canada to select, and sign up with, an\nInternet Service Provider from a menu of access providers that have entered into\nagreements with Netscape.\n\n     B.   Provider is an Internet Service Provider that wishes to be included in\nthe menu ('Menu') of Internet Service Providers used with the Account Server so\n           ----                                                                \nthat users of Netscape's Account Server who wish to become subscribers of\nProvider's Internet access services may sign up with Provider through the\nAccount Server ('Subscribers').\n                 -----------   \n\n     Netscape and Provider agree as follows:\n\n     1.   Account Server.  The current description of the Account Server is\n          --------------                                                   \ncontained in Attachment A. Provider acknowledges that this may be revised by\n             ------------                                                   \nNetscape from time to time in response to technology changes and\/or market\nconditions.  Netscape will issue specific written procedures for participation\non the Account Server.  Provider's participation on the Account Server will be\nin accordance with the terms of this Agreement, including its Attachments, and\nNetscape's written procedures.\n\n     2.   Menu of Providers.  Subject to the terms and conditions of this\n          -----------------                                              \nAgreement (including Provider's payment in full of the fees and expenses\nspecified in Section 7, Netscape will include Provider in the Menu.  Provider\nacknowledges that Netscape will determine the format, ordering, and contents of\nthe Menu (including the total number of Internet access providers listed in the\nMenu at any time, whether or not the Menu is divided into categories of service\nproviders, the placement of such categories, and service Provider's placement\nwithin the categories and Menu) in its sole discretion, and may revise such\nformat, ordering, and contents at any time.\n\n     3.   Provider Infrastructure\/Deliverables.\n          ------------------------------------ \n\n          3.1  Requirements for Internet Access Infrastructure.\n               ----------------------------------------------- \n\n     Netscape requires, and Provider agrees to establish and maintain and be\nsolely responsible for the infrastructure for Internet access as described in\nAttachment B in order that Netscape may provide Subscribers with a choice of\n------------                                                                  \ncompetitive Internet access services.\n\n \n          3.2  Requirements for Account Creation Infrastructure.\n               ------------------------------------------------ \n\n     Netscape requires, and Provider agrees to establish and maintain the\ninfrastructure for account creation as described in Attachment B in order that\n                                                    ------------\nNetscape may integrate Provider with Netscape's Account Server.\n\n          3.3  Provider Deliverables.\n               --------------------- \n\n               3.3.1  Provider Pages.\n                      -------------- \n\n                      (a) Function of Provider Pages.  When a user of the \n                          --------------------------\nAccount Server wishes to team about a specific Internet service provider, the\nuser may select the provider from the Menu and will then be linked to one or\nmore informational HTML pages containing the provider's fee schedule and\ndescribing its service offerings ('Provider Pages'), which are intended to aid\n                                   --------------\nthe user in deciding which provider to subscribe to.\n\n                      (b) Delivery of Provider Pages.  Provider will deliver to\n                          --------------------------\nNetscape, within ten (10) days of Netscape's provision of the appropriate form\nto Provider, the Provider Pages of the Provider in final form, a copy of which\nis to be attached as part of Section 3.1 of Attachment B, for incorporation into\n                                            ------------\nthe Account Server.  Provider may update its Provider Pages up to once each\nmonth by delivering revised pages to Netscape in final form by the 25th day of\nthe previous month. Netscape will update the Account Server with such revised\npages within ten (10) days of their delivery by Provider, subject to subsection\n(c) below.\n\n                      (c) Review and Approval of Provider Pages.  Netscape will\n                          -------------------------------------\nhave the right to review the content and format of each Provider Page prior to\nincluding any such page in the Account Server. If Netscape determines, in its\nsole discretion, at any time before or after delivery of any such page by\nProvider that such page contains any material, or presents any material in a\nmanner, that is not appropriate for use in the Account Server, Netscape will\ninform Provider of such determination and, if such page is already incorporated\nin the Account Server, Netscape may immediately remove such page from the\nAccount Server. Instead of Netscape incorporating such Provider Page in the\nAccount Server, Provider will deliver to Netscape a revised Provider Page that\nNetscape determines, in its sole discretion, is appropriate for use in the\nAccount Server. In no event will Netscape be required to incorporate any\nProvider Page or other information in the Account Server except as described in\nthis paragraph.\n\n               3.3.2  Other Provider Deliverables.  Additionally, Provider will\n                      ---------------------------\nprovide Netscape with and be solely responsible for other deliverables as\ndescribed in Attachment B.\n             ------------ \n\n     4.  License Rights.  Provider grants to Netscape a non-exclusive license\n         --------------                                                      \nduring the term of this Agreement to use, reproduce, electronically distribute,\npublicly display, and publicly perform the materials delivered to Netscape by\nProvider in connection with the Account Server.  Nothing in this Agreement gives\neither party any exclusive marketing or distribution rights.\n\n                                      -2-\n\n \n     5.   Marketing and Promotion.\n          ----------------------- \n\n          (a) Marketing.  Netscape will determine in its sole discretion the \n              ---------\nmanner of, and resources it will devote to, advertising, promoting, and\notherwise marketing the Account Server under this Agreement. Provider\nacknowledges that the commercial success of the Account Server is highly\nspeculative and that Netscape has made no representation to Provider that\nProvider will obtain or maintain any Subscribers through Provider's\nparticipation on the Account Server. Provider agrees to participate in press\nannouncements regarding the creation and deployment of the Account Server as\nreasonably requested by Netscape.\n\n          (b) Trademark Usage in Marketing Materials.  Netscape will have the \n              --------------------------------------\nright to use Provider's trademarks, trade names, servicemarks, and\/or logos in\nany advertising, promotional, and other marketing materials for the Account\nServer in a manner consistent with Provider's standard trademark usage. Netscape\nwill submit samples of such materials to Provider from time to time upon\nProvider's request.\n\n     6.   Technical Support.  Netscape will provide front-line (first line)\n          -----------------\ntechnical support to users of the Account Server during the account creation\nprocess in accordance with Netscape's then current technical support policies.\nProvider agrees to provide back-up (second line) technical support to Netscape\nduring the account creation process.  Provider will have sole responsibility for\nend user support for Internet access services once the user has become a\nSubscriber of Provider's services, including the configuration (whether manual\nor automatic) of the end-user's computer to connect to Provider's service and\nthe user account that is created.\n\n     7.   Payments.\n          -------- \n\n          (a) Bounties.  Provider agrees to pay Netscape a bounty for each new\n              --------                                                        \nSubscriber. The amount of each bounty will be calculated as specified in\nAttachment C and will accrue as to each Subscriber on the [*] of service to such\nSubscriber by Provider. Provider will pay Netscape bounties on a calendar month\nbasis within thirty (30) days of the end of the month in which the bounty\naccrued. The payment may be made either (i) with the monthly report required to\nbe submitted by Provider under Section 8 below or (ii) by electronic wire\ntransfer to an account designated by Netscape.\n\n          (b) Taxes.  All bounty payments are payable in U.S. Dollars and are\n              -----                                                          \nexclusive of any applicable taxes.  Provider shall be responsible for all\nnational, state and local taxes, value added or sales taxes, levies and\nassessments and withholding taxes pertaining to the bounties payable by Provider\n(except taxes based upon Netscape's net income from the receipt of bounties from\nthe Provider) except to the extent Provider provides Netscape with a valid\napplicable tax exemption\n\n--------------------\n\n     [*]  Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                      -3-\n\n \ncertificate.  If any applicable law requires Provider to withhold amounts from\nany bounty payments to Netscape hereunder, Provider shall effect such\nwithholding, remit such amounts to the appropriate taxing authorities and\npromptly furnish Netscape with tax receipts evidencing the payment of such\namounts.\n\n          (c)  Equipment Required for Provider.  Provider agrees to pay all\n               -------------------------------                             \nincremental expenses required to establish communication links between the\nProvider's sign up system and the Account Server system.  The type and amount of\nsuch incremental expenses and the implementation schedule is to be mutually\nagreed to by the parties.\n\n          (d)  Development Expenses.  Provider agrees to pay Netscape the \n               --------------------\nexpenses incurred by Netscape in modifying the Account Server to make it\nproperly interface with Provider's sign up system. The type and amount of such\ndevelopment expenses and the development schedule is to be mutually agreed to by\nthe parties and to be attached as part of Attachment B. Netscape will own all\n                                          ------------                         \nmodifications to the Account Server.\n\n          (e)  Toll-Free Telephone Charges.  For subscribers that access the \n               ---------------------------\nAccount Server through Netscape's 800# access, each month Netscape will bill\nProvider, and Provider will pay Netscape an amount equal to [*]. Provider will\npay the Toll Charges within thirty (30) days upon receipt of invoice from\nNetscape. Provider shall have the right, no more than once per twelve month\nperiod, upon reasonable prior written notice to Netscape, to have an independent\nthird party verify that the amount of the Toll Charges billed to Provider is\ncorrect, or if incorrect, the amount which such third party believes Provider\nshould have been charged. Provider shall not have the right to learn the total\nnumber of new subscribers for all providers on the Menu.\n\n     8.   Records and Reports.  Provider shall use the 'REG_CHANNEL' identifier\n          -------------------                                                  \npassed from Netscape to Provider during account creation to sort and total the\nSubscribers for each unique marketing channel created by Netscape.  Within\nthirty (30) days after the end of each month, Provider will deliver to Netscape\nin writing or by e-mail a report in the format as specified in Attachment D\n                                                               ------------\nshowing the number of Subscribers acquired by Provider for each REG_CHANNEL\nthrough the Account Server system for whom Provider provided the 61st day of\nservice during such month.  Bounty payments must accompany the monthly report.\nProvider will maintain, for at least three (3) years after termination of this\nAgreement, accurate books and records relating to Subscribers who signed up for\nProvider's services through the Account Server.  Netscape shall have the right,\nno more than once per twelve month period, upon reasonable prior written notice\nto Provider, to have an independent third party verify Provider's compliance\nwith Provider's reporting and payment obligations, including, without\nlimitations, that the number of Subscribers per REG_CHANNEL reported to Netscape\nis correct.  Provider shall not have the right to learn information about, or\nthe identity of, each unique marketing channel created by Netscape.\n\n--------------------\n\n     [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission.  Confidential treatment has been\nrequested with respect to the omitted portions.\n\n                                      -4-\n\n \n     9.   Subscriber Fees and Terms.  Provider will determine its Internet\n          -------------------------                                       \nsubscription fees and the terms of its service offerings in its sole discretion.\n\n     10.  Confidential Information.  Confidential information of each party\n          ------------------------                                         \ndisclosed in connection with this Agreement ('Confidential Information') will be\n                                              ------------------------          \ntreated as specified in the agreement contained in Attachment E. In the event\nsuch agreement terminates or expires, its terms will continue to govern the\nConfidential Information.  Information pertaining to Subscribers, as referenced\nin Section 12 of this Agreement, will not be considered Confidential\nInformation.\n\n     11.  Indemnity.  Each party will defend, indemnify, and hold the other\n          ---------                                                        \nparty harmless against any third party claims arising from the manufacture, use,\nreproduction, or distribution, as authorized in this Agreement, of any\ntechnology, content, or other information supplied by it under this Agreement,\nincluding but not limited to arising out of any alleged infringement or\nmisappropriation of any copyright, trademark, trade secret, patent, or other\nintellectual property tight, or violation of any laws or right of privacy or\npublicity or content regulation.\n\n     12.  Proprietary Rights.\n          ------------------ \n\n          (a)  Ownership.  Provider acknowledges that Netscape and its licensors\n               ---------\nown all right, title, and interest in and to the Account Server.  Netscape\nacknowledges that Provider and its licensors own all right, title, and interest\nin and to Provider's Internet access system.  Provider and Netscape both\nacknowledge that Provider and Netscape shall co-own (without rights of\ninspection or any duty to account) any information pertaining to Subscribers of\nProvider's services, including, but not limited to the name, address and new\nemail address of Subscriber.  Any use of such Subscriber information shall be in\ncompliance with applicable privacy laws.\n\n          (b)  No Right to Use.  Nothing in this Agreement gives Provider any \n               ---------------\nright or license to use, reproduce, or distribute any technology or intellectual\nproperty rights in the Account Server or otherwise belonging to Netscape. Except\nfor Netscape's right to make use of the Provider Pages and Provider's\ntrademarks, trade names, servicemarks, logos and other materials as specified in\nthis Agreement, nothing in this Agreement will give Netscape any right or\nlicense to use, reproduce, or distribute any technology or intellectual property\nrights in Provider's Internet access system or otherwise belonging to Provider.\n\n     13.  Term and Termination of Agreement.\n          --------------------------------- \n\n          (a)  Term.  This Agreement is for a period of one year beginning on \n               ----\nthe Effective Date, and thereafter it will automatically renew subject to\nSection 13(b).\n\n          (b)  Termination at Will.  Either party may terminate this Agreement\n               -------------------\nat will at any time during the term of this Agreement with or without cause, by\nwritten notice given to the other party given not less than thirty (30) days\nprior to the effective date of such termination.\n\n                                      -5-\n\n \n          (c)  Bounty Rights on Termination. Following termination of this\n               ----------------------------\nAgreement, Provider will pay to Netscape all bounties not yet paid on all\nSubscribers who registered with Provider through the Account Server at any time\nprior to the termination of this Agreement, regardless of when Provider's\nobligation to pay such bounty accrues.\n\n          (d)  Other Expenses and Fees Incurred Prior to Termination.  If this\n               -----------------------------------------------------          \nAgreement is terminated, and the development expenses incurred by Netscape under\nSection 7 above have not been fully paid prior to such early termination,\nProvider will pay to Netscape such percentage of the total development expenses\nas is determined by the ratio of the actual time that Netscape has spent on\nmodifying the Account Server pursuant to Section 7 prior to such early\ntermination divided by the total, planned development time.  All other expenses\nand fees due to Netscape shall be payable in full.\n\n          (e)  Survival. Sections 7, 8, 10, 11, 12, 13(c), 13(d), 14 and 15 will\n               --------\nsurvive termination of this Agreement.\n\n     14.  Limitation of Liability.  EXCEPT FOR EACH PARTY'S OBLIGATIONS UNDER\n          -----------------------                                            \nSECTION 11, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR ANY\nFORM OF SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FROM ANY CAUSES OF ACTION\nOF ANY KIND, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR\nOTHERWISE, EVEN IF IT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH\nDAMAGES.  NETSCAPE WILL HAVE NO LABILITY FOR ANY UNAUTHORIZED TRANSACTIONS OR\nOTHER ACTIVITY BY SUBSCRIBERS OR POTENTIAL SUBSCRIBERS.  IN NO EVENT WILL\nNETSCAPE'S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID TO\nIT BY PROVIDER UNDER, OR IN CONNECTION WITH, THIS AGREEMENT.\n\n     15.  General.\n          ------- \n\n          (a)  Assignment.  This Agreement is not assignable by either party \n               ----------\nwithout the other party's written consent.\n\n          (b)  Independent Contractor.  Netscape's relationship with Provider \n               ----------------------\nduring the term of this Agreement will be that of an independent contractor, and\nnot a partner or joint venturer.\n\n          (c)  Notices.  All notices and demands under this Agreement will be in\n               -------                                                          \nwriting and will be delivered by personal service, confirmed fax, confirmed\nemail, express courier, or certified mail, return receipt requested, to the\naddress of the receiving party set forth in this Agreement (or at such different\naddress as may be designated by such party by written notice to the other\nparty), and will be effective upon receipt.\n\n          (d)  Governing Law and Venue.  The laws of the State of California,\n               -----------------------                                       \nexcluding that body of law controlling conflicts of law, will govern all\ndisputes arising out of or relating to this\n\n                                      -6-\n\n \nAgreement.  Each party hereby consents to personal jurisdiction and service of\nprocess on it in the State of California and waives any right to object thereto.\n\n          (e)  Compliance with Law.  Each party will at all times comply with \n               -------------------\nall applicable international, national, state, regional, and local laws and\nregulations, including U. S export control laws, in performing its duties under\nthis Agreement.\n\n          (f)  Force Majeure.  Neither party will be responsible for any failure\n               -------------\nto perform its obligations under this Agreement due to causes beyond its\nreasonable control, including but not limited to acts of God, war, riot,\nembargoes, acts of civil or military authorities, fire, floods, accidents,\nstrikes, or shortages of transportation, facilities, fuel, energy, labor or\nmaterials.\n\n          (g)  Waiver.  The waiver by either party of any breach of this \n               ------\nAgreement by the other party will not waive subsequent defaults by such party of\nthe same or a different kind.\n\n          (h)  Severability.  In the event any provision of this Agreement is \n               ------------\nheld by a court or other tribunal of competent jurisdiction to be unenforceable,\nthe other provisions of this Agreement will remain in full force and effect.\n\n          (i)  Publicity.  Neither party will disclose any of the terms of this\n               ---------                                                       \nAgreement to any third party.  Provider agrees that Netscape may issue a press\nrelease regarding this Agreement, subject to Provider's approval of the contents\nthereof.\n\n          (j)  Entire Agreement.  This Agreement, together with its attachments,\n               ----------------                                                 \nconstitutes the complete and exclusive agreement between the parties pertaining\nto the subject matter hereof; and supersedes in its entirety any and all prior\nwritten or oral agreements or communications between the parties with respect to\nsuch subject matter.  Provider acknowledges that it is not entering into this\nAgreement on the basis of any representations not expressly contained herein,\nany modifications or waivers under this Agreement must be in writing and signed\nby both parties.\n\n     The parties have executed this Agreement as of the Effective Date.\n\nPROVIDER:                              NETSCAPE COMMUNICATIONS \n         --------------------------    CORPORATION\n                                       \n\nSignature: \/s\/ Henry Nothhaft          Signature: \/s\/ Mike Homer\n          -------------------------              -----------------------\n\nName: Henry Nothhaft                   Name: Mike Homer\n     ------------------------------         ----------------------------\n\nTitle: President and CEO               Title: Senior Vice President,\n      -----------------------------          ---------------------------\n                                              Marketing\n                                              ----------\n\nDate: 3\/13\/97                          Date: 3\/17\/97\n     ------------------------------         ----------------------------\n\n\n                                          REVIEWED BY\n\n                                      -7-\n\n \n                                              NETSCAPE LEGAL\n\n                                         Initial   \/s\/ SSL\n                                                ----------------------------\n\n                                      -8-\n\n \n                                  ATTACHMENT A\n\n\n1.   Account Server Description and Specifications\n     ---------------------------------------------\n\n(a)  Using either Netscape software or via the Internet, user accesses Account\nServer, and a Menu of Providers is presented to user. User chooses a category of\nservice provider and then a specific Provider, and Account Server communicates\nwith Provider's sign up server via the ISP Protocol (Mecca). All communications\nare secured using SSL Security Protocol. Account is created, user becomes a\nSubscriber and:\n\n     1.   Account Server passes account parameters to Subscriber's computer for\n          automatic configuration by Netscape supplied account setup software,\n          (if user accesses the Account Server via Netscape software)\n\n          or\n\n     2.   Account Server presents the account parameters, including ISP's\n          support phone number, to Subscriber for printing and manual\n          configuration. (if user accesses the Account Server via the Internet).\n\n(b)  A front-end server for the ISP Protocol is provided by Netscape.\n\n\n                   NETSCAPE ISP PROTOCOL SERVER SPECIFICATION\n                   ------------------------------------------\n\nThe document entitled 'Netscape REGD Specification' is attached here or has\nalready been provided.\n\n\n(c)  A front-end server for the SSL Security Protocol is provided by Netscape.\n\n\n                     NETSCAPE SECURITY SERVER SPECIFICATION\n                     --------------------------------------\n\nThe document titled 'Netscape SSLD Specification' is attached here or has\nalready been provided.\n\n \n                                 ATTACHMENT B\n\n\nPROVIDER INFRASTRUCTURE\/DELIVERABLES &amp; DEVELOPMENT EXPENSES\n-----------------------------------------------------------\n\n\n     1.   Provider Infrastructure for Internet Access.\n          ------------------------------------------- \n\n          (a)  All POPs must support PPP, with PAP\/CHAP compliancy.\n          (b)  Support for POP3 and SMTP mail servers.\n          (c)  Support for NNTP for news.\n          (d)  Support for 'Free' accounts for testing that are valid for no\n               less than 5 days.\n\n2.   Provider Infrastructure for Account Creation.\n     -------------------------------------------- \n\n     (a)  Installation of ISP Protocol Server (REGD) per Attachment A including\n          SSLD Security Server, on a Unix-based system. Both server front-ends\n          are provided by Netscape to Provider.\n\n     (b)  Support for real-time account provisioning. Once an error-free account\n          creation process is complete, Subscriber must be able to access\n          Provider's service through Provider's POPS, with a delay of no more\n          than 10 minutes.\n\n     (c)  Support for creating 'Free' test accounts for testing account creation\n          process, and Provider's Infrastructure.\n\n     (d)  Support for capturing and reporting the REG_CHANNEL identifiers and\n          total number of subscribers for each REG_CHANNEL identifier.\n\n     (e)  Back-end support staff available via phone and email 24 hours per day,\n          7 days per week to monitor, troubleshoot and support the Account\n          Creation Infrastructure.\n\n     (f)  Support for maintaining [*] uptime of the Account Creation\n          Infrastructure.\n\n3.   Provider Deliverables.\n     --------------------- \n\n     3.1  Provider Pages.\n          -------------- \n\nProvider will provide to Netscape:\n\n(i)  Provider's official company name, as it is to be displayed by our account\n     creation interface. This will be used in all text fields and buttons\n     containing Provider's company name.\n\n--------------------\n\n     [*]  Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n \n(ii)   Logo and icon files. Two gif image files of Provider's logo, one 48 x 48\n       pixels, and one 82 x 50 pixels. Gifs should be the full given size,\n       preferable with a white background. One Windows 3.1 icon file, ico (32 x\n       32 pixels), to be placed on Windows 3.1 user's desktop should also be\n       delivered.\n\n(iii)  Sales Phone Number. This phone number appears at the top of Provider's\n       offer page and is used to get pre-sales information about the services\n       provided.\n\n(iv)   A paragraph describing any features that apply to all price plans. This\n       information is passed in the 'plan_info' field of the account_parameters_\n       sent packet. An example would be: 'Activation Fee\/One time charge of US\n       $5.00 for initial connection.'\n\n(v)    Price plan names and descriptions. This information is passed in the\n       'price_plans' field of the account_parameters_sent packet. As the\n       following example shows, HTML may be included in the descriptions.\n\n       'price_plans=type=select'Aplan=plan 1'Bdescription=[P]l day free[\/P] US\n       $0.00 per month for 0 hours per month.'Aplan=plan 2'Bdescription=[P]l day\n       free[\/P]US $00.00 per month for 00 hours per month [BR] All hours are\n       [B]Free.[\/B]'M'\n\n(vi)   Support information and phone number. The phone number must be passed in\n       the 'support_number' field of the account_created packet.\n\n(vii)  Key Advantages. Provide a brief description of the advantages of\n       Provider's service relative to other providers. This information is added\n       by Netscape into the HTML of the Provider Pages. This information is\n       required to be a list of items. Some possibilities include:\n\n       .   Special modem support such as 28.8 or ISDN. Reliability and\n           availability of dialup connections.\n\n       .   Number and location of access points. Roaming support. 800 number\n           dial-ins.\n\n       .   If your support methods are better or more available.  If you have an\n           800 number.\n\n       .   Length of experience as an ISP.\n \n       .   Newsgroup access. Application access. Special content access.\n\n       .   Web page hosting services for subscribers.\n\n(viii) Terms and Conditions.  The terms and conditions of Provider's service\n       will be described using the following format:\n\n       'Once your service connection is completed, please be sure to review the\n       [ISP] terms and conditions for service located at [URL]. If you do not\n       agree to these please notify us at [Support Phone Number] to cancel your\n       service.'\n\n(ix)   Confirmation message. The confirmation message is displayed to the\n       subscriber while they decide whether to accept creation of the account.\n       The message to be displayed is passed in \n\n                                      -2-\n\n \n     the 'message' field of the send_confirmation packet, and is a free-form\n     page created by Provider.\n\n     An example confirmation message is:\n\n     'Welcome to [ISP]. You have chosen [describe plan]. [describe any special\n     features not highlighted previously]. [describe anything that might be\n     important about the account]. [describe more terms and conditions].'\n\n\n     3.2  Other Provider Deliverables.\n          --------------------------- \n\n     (a)  Information on Provider's platform on which the Unix-based REGD Mecca\n          Protocol server will run. This is required for Netscape to provide the\n          Provider with the REGD front-end ('Protocol Server') and SSLD front-\n          end ('SSL Security Server').\n\n     (b)  Domain name for Provider's system. IP address, name and port number\n          for their sign up server machine (host for ISP Protocol Server and SSL\n          Security Server). Whether POPs are VJ compression enabled.\n\n     (c)  Contacts for updates and changes to the POPS, offer pages, system\n          configurations, maintenance procedures and protocol revisions.\n\n4.   Incremental Expenses (Section 7(c)).\n     ----------------------------------- \n\n     The type and amount of incremented expenses and the schedule are to be\n     mutually agreed upon in writing by the parties.\n\n5.   Development Expenses (Section 7(d)).\n     ----------------------------------- \n\n     The type and amount of development expenses and the development schedule\n     are to be mutually agreed upon in writing by the parties.\n\n                                      -3-\n\n \n                                  ATTACHMENT C\n\n                                  BOUNTY RATES\n                                  ------------\n\n\n[*] \n\n\n\n\n\n--------------------\n     [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission.  A total of 1 page containing such\ninformation has been omitted from this exhibit. Confidential treatment has been\nrequested with respect to the omitted portions.\n\n \n                                  ATTACHMENT D\n\n                                 REPORT FORMAT\n                                 -------------\n\n \n\n------------------------------------------------------------\n         REG_CHANNELs           Number of Subscribers\n------------------------------------------------------------\n                          \nExample:  NSCP1OO1\n                            [*]   \n \n \n \n \n \n------------------------------------------------------------\n \n\n--------------------\n     [*]Certain information on this page has been omitted and filed separately\nwith the Securities and Exchange Commission.  Confidential treatment has been\nrequested with respect to the omitted portions.\n\n \n                                  ATTACHMENT E\n\n                    MUTUAL CONFIDENTIAL DISCLOSURE AGREEMENT\n\n\n     Each party (the 'Receiving Party') understands that the other party (the\n'Disclosing Party') may disclose information (including, without limitation,\ncomputer programs, code, algorithms, names and expertise of employees and\nconsultants, know-how, formulas, processes, ideas, inventions (whether\npatentable or not), schematics and other technical, business, financial and\nproduct development plans, forecasts, strategies and information) which, to the\nextent disclosed to the Receiving Party is hereinafter referred to as\n'Proprietary Information' of the Disclosing Party.  All Proprietary Information\ndisclosed in tangible form by the Disclosing Party shall be marked\n'confidential' or 'proprietary' and all Proprietary Information disclosed orally\nor otherwise in intangible form by the Disclosing Party shall be designated as\nconfidential or proprietary at the time of disclosure and shall be reduced to a\nwriting marked 'confidential' or 'proprietary' and delivered to the Receiving\nParty within thirty (30) days following the date of disclosure.\n\n     In consideration of the parties' discussions and any access the Receiving\nParty may have to Proprietary Information of the Disclosing Party, the Receiving\nParty hereby agrees as follows:\n\n     1.   The Receiving Party agrees (i) to hold the Disclosing Party's\nProprietary Information in confidence and to take all necessary precautions to\nprotect such Proprietary Information, (ii) not to divulge any such Proprietary\nInformation or any information derived therefrom to any third person, (iii) not\nto make any use whatsoever at any time of such Proprietary Information except to\nfulfill the purposes of the Internet Account Server Participation Agreement to\nwhich this Attachment E is attached, (iv) not to remove or export any such\nProprietary Information from the country of the Disclosing Party, and (v) not to\ncopy or reverse engineer, reverse compile or attempt to derive the composition\nor underlying information of any such Proprietary Information.  The Receiving\nParty shall limit the use of and access to the Disclosing Party's Proprietary\nInformation to the Receiving Party's employees who need to know such Proprietary\nInformation for the purpose of such internal evaluation and shall cause such\nemployees to comply with the obligations set forth herein.  The Receiving Party\nshall treat the Proprietary Information with at least the same degree of care\nand protection as it would use with respect to its own proprietary information.\nThe foregoing obligations shall survive for a period of three (3) years from the\ndate of disclosure of the Proprietary Information. Without granting any right or\nlicense, the Disclosing Party agrees that the foregoing shall not apply with\nrespect to information that (a) is publicly available at the time of disclosure\nor which thereafter becomes publicly available, through no improper action or\ninaction by the Receiving Party or any affiliate, agent or employee of the\nReceiving Party, or (b) was in the Receiving Party's possession or known by it\nprior to receipt from the Disclosing Party, or (c) was rightfully disclosed to\nthe Receiving Party by another person without restriction, or (d) is\nindependently developed by the Receiving Party without access to such\nProprietary Information, or (e) is required to be disclosed pursuant to any\nstatutory or regulatory authority, provided the Disclosing Party is given prompt\nnotice of such requirement and the scope of such disclosure is limited to the\nextent possible, or (f) is\n\n \nrequired to be disclosed by a court order, provided the Disclosing Party is\ngiven prompt notice of such order and provided the opportunity to contest it.\n\n     2.   Immediately upon request by the Disclosing Party at any time, the\nReceiving Party will turn over to the Disclosing Party all Proprietary\nInformation of the Disclosing Party and all documents or media containing any\nsuch Proprietary Information and any and all copies or extracts thereof.  The\nparties understand that nothing herein (i) requires the disclosure of any\nProprietary Information, which shall be disclosed, if at all, solely at the\noption of the Disclosing Party, or (ii) requires either party to proceed with\nany proposed transaction or relationship in connection with which Proprietary\nInformation may be disclosed.\n\n     3.   The Receiving Party acknowledges and agrees that due to the unique\nnature of the Disclosing Party's Proprietary Information, there may be no\nadequate remedy at law for any breach of its obligations.  The Receiving Party\nfurther acknowledges that any such breach may allow the Receiving Party or third\nparties to unfairly compete with the Disclosing Party resulting in irreparable\nharm to the Disclosing Party and, therefore, that upon any such breach or any\nthreat thereof, the Disclosing Party shall be entitled to seek appropriate\nequitable relief in addition to whatever remedies it may have at law.  The\nReceiving Party will notify the Disclosing Party in writing immediately upon the\noccurrence of any such unauthorized release or other breach.\n\n     4.   Neither party acquires any intellectual property rights under this\nAttachment or through any disclosure hereunder, except the limited right to use\nsuch Proprietary Information in accordance with this Attachment.  No warranties\nof any kind are given with respect to the Proprietary Information disclosed\nunder this Attachment or any use thereof; except as may be otherwise agreed to\nin writing.\n \n                                       CONCENTRIC NETWORK CORPORATION\n                                       ------------------------------\n     NETSCAPE COMMUNICATIONS                     (Company)\n          CORPORATION\n \nBy:  \/s\/ Mike Homer                    By: Henry R. Nothhaft\n   ----------------------------           ---------------------------\n     Mike Homer\n\nAddress:                               Address:\n                                       ------------------------------\n501 East Middlefield Road              10590 N. Tantau Ave.\n                                       ------------------------------\nMountain View, California 94043        Cupertino, CA  95014\n                                       ------------------------------\n \nDate:   3\/17\/97                        Date:  3\/13\/97\n      -------------------------             -------------------------\n             REVIEWED BY\n            NETSCAPE LEGAL\n      Initial   \/s\/ SSL\n              ------------\n\n                                      -2-\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7174,8328],"corporate_contracts_industries":[9513,9519],"corporate_contracts_types":[9613,9620],"class_list":["post-42378","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-concentric-network-corp","corporate_contracts_companies-netscape-communications-corp","corporate_contracts_industries-technology__software","corporate_contracts_industries-telecommunications__telephone","corporate_contracts_types-operations","corporate_contracts_types-operations__services"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42378","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42378"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42378"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42378"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}