[10641] in Public-Access_Computer_Systems_Forum
Re: ISP contracts
daemon@ATHENA.MIT.EDU (Sean Donelan)
Fri Sep 20 21:20:47 1996
Date: Fri, 20 Sep 1996 18:25:06 -0500 (CDT)
From: Sean Donelan <sean@sdg.dra.com>
To: Multiple recipients of list PACS-L <PACS-L@UHUPVM1.UH.EDU>
Reply-To: Public-Access Computer Systems Forum <PACS-L@UHUPVM1.UH.EDU>
----------------------------Original message----------------------------
Has your legal counsel reviewed your OCLC contract. OCLC's standard
agreement includes a paragraph indeminfying and holding harmless OCLC.
If a library is willing to sign such an agreement containing such
terms with OCLC, why wouldn't they be willing to sign an agreement with
a similar provision with their ISP?
Here is an excerpt from OCLC's FirstSearch Terms (in grey ink on the
back of the FirstSearch order form):
"9. Subscriber shall indemnify and hold OCLC harmless from all claims
based upon or arising from the use of The FirstSearch Catalog and data and
databasesvailable over theThe FirstSearch Catalog charged against Subscriber's
passwords or authorization numbers except to the extent directly caused by a
defect or malfunction in portions of The FirstSearch Catalog under OCLC's
direct control."
> The Chicago Public Library has begun discussions with ISPs concerning
> system-wide service delivery. We have encountered an issue regarding
> indemnification -- one particular supplier requires that we indemnify them
> in case of a lawsuit based on Internet service - or lack of service.
>
> We are resisting this requirement, under advisement of counsel. The ISP
> assures us that this is common practice. We have investigated one other
> contract that did not require indemnification by the customer of the service
> center. Has anyone else encountered anything similar? What have other
> large systems -- publicv or academic -- encountered in their contracts for
> service. I would appreciate any responses to the above address or you can
> CALL!!! 312-747-4250.
--
Sean Donelan, Data Research Associates, Inc, St. Louis, MO
Affiliation given for identification not representation
