Terms and Conditions
begun May 1, 2003 - June 30, 2004)
These Terms and Conditions, effective as of the date the Subscriber
has received access to the Service after having paid the fee, are
agreed to between the Library of Congress, Cataloging Distribution
Service ("Publisher"), of 101 Independence Avenue, S.E., Washington,
D.C. 20541, and ________________________ ("Subscriber"), with a
primary business address of ___________________________________________.
- Publisher: Library of Congress, Cataloging
- Subscriber: Licensee of the Service.
- Service: Classification Web, a product
providing World Wide Web access to Library of Congress Classification
schedules and Library of Congress Subject Headings. The Service
also includes such additional features, including but not limited
to enhanced functionality, software upgrades, and new data files,
as may be added to Classification Web during the term
of the Subscription. Certain functionality, upgrades, and enhancements
may be subject to additional conditions prescribed by Publisher
beyond those contained in these Terms and Conditions; in that
event, Subscriber will have the option either to elect access
to such additional features subject to such additional conditions,
or to decline access to such additional features.
- Subscription: Access of the Subscriber to
the Service for a renewable twelve-month period, beginning on
the date on which the Subscriber receives user name and password
access and/or IP address access from the Publisher.
- Server: The server, either the Publisher's
server or a third party server designated by the Publisher,
on which the Service is mounted and may be accessed.
- Authorized User: Users who are permitted
to access the Service pursuant to the Subscription, within the
limitations applicable to the subscription type and site.
- Solo User: The Authorized User under a Subscription
permitting access to the Service by one individual. Access is
by user name and password from any location where the user has
- Concurrent User: Authorized Users under a
Subscription permitting access to the Service by a designated
number of users who may access the Service at the same time
using Subscriber user name and password or Subscriber designated
- Subscriber's Site:
Public Library Site: is defined by geographic/service
area and is limited to a single main library and its branches
under a single director/board of trustees). Authorized Users
are limited to current library staff and library patrons accessing
the Service while in the library or by Remote Access.
Academic Library Site: is limited by geographic
site and Authorized Users. Each geographically distinct campus
shall be treated as a separate site for purposes of the Service.
Adjunct facilities to a campus may be considered part of an
Academic Library Site if they are under a single integral institution
with one billing address and are part of a single student admissions
program. An Academic Library Site does not include a consortium
of libraries, multi-campus institutions, shared local systems,
statewide networks, or secondary relationships with shared facilities.
Authorized Users at academic institutions are limited to current
faculty and staff, currently enrolled students, and authorized
patrons of the Subscriber's library, who are primarily affiliated
with the licensed campus. On-site and Remote Access are permitted.
Special Library Site: is limited to a single
corporate or other special library (e.g.,
a law firm library). A separate subscription is required for
each geographically distinct operational entity. Authorized
Users are limited to current employees or patrons who are served
by the Special Library. On-site and Remote Access are permitted.
- Remote Access: Off-site access requiring
the Authorized User to first log on to the library system's
local computer using a current authorized library card or other
library-controlled authorization before accessing the Service.
- Fee: The fee for the Service set forth in
Publisher's then-current fee schedule.
- Usage Rights
- The Publisher grants to the Subscriber the non-exclusive and
non-transferable right for its Authorised Users to access the
Service via the Server, upon payment of the Fee and subject
to these Terms and Conditions. Access rights consist of the
right of Authorized Users to view, retrieve, display, and store
notes with respect to, the Service's classification and subject
heading content, as part of routine work activities such as
research and classification. Access rights do not include the
right to redistribute all or any part of the Service content
to third parties except as specifically permitted in these Terms
- A Subscription for a Solo User may be used by any one person
at any one time, without regard to that person's identity. A
Subscription purchasing a right of access for Concurrent Users
permits use of the Service by a particular number of individuals
at any one time without regard to their identities.
- Subscriber and Authorized Users acquire no ownership rights
to any data or portions thereof provided via the Subscription;
to the proprietary software underlying the Service; or to documentation
provided to access the Service.
- During any 24-hour period, Subscriber may print up to twenty
(20) screens of Service content per Solo User, or twenty (20)
screens of Service content multiplied by the number of Concurrent
Users, as applicable.
- Prohibited Uses - Subscriber and Authorized
Users may not:
- Download Service content. However, should the Publisher choose
to add the ability to download Machine Readable Cataloging (MARC)
functionality to the Classification Web product, individual
MARC records may be downloaded for local use.
- Print Service content except as authorized in these Terms and
- Make local electronic copies of all or any part of Service content
beyond what is required for normal functioning of Web browser
software and simple copying-and-pasting of up to ten (10) consecutive
lines of text at a time and not exceeding a total of three hundred
(300) lines of text per day, per Solo User or per the number
of Concurrent Users, as applicable.
- Use all or any part of Service content for any commercial
use, except as permitted by Section II.A.
- Distribute all or any part of Service content to anyone
other than the Subscriber's Authorized Users.
- In any way modify, reverse engineer or create derivative works
from Service content, or the software used in this site, which
is provided under a license agreement between Minaret Corporation
and the Publisher.
- Permit access to the Service by persons who are not Authorized
- Engage in activity that may burden Publisher's server(s),
such as computer programs that automatically download content,
commonly known as web robots, spiders, crawlers, wanderers
- Utilize any mechanism which would enable the number of Authorized
Users concurrently accessing the service via the Subscription
to exceed the number of concurrent logons subscribed for.
- Publisher Undertakings
- Publisher will exert reasonable efforts to provide the Service
in accordance with then-current published product descriptions,
and will periodically update Service content.
- Publisher will use reasonable efforts to provide continuous
availability of the Service subject to periodic unavailability
due to maintenance of the Publisher's server(s), the installation
or testing of software, the loading of data, and downtime
related to equipment or services outside of the Publisher's
- Subscriber Undertakings
- Subscriber will notify Publisher of nonconformities between
the Service and product descriptions, and of any errors or
inaccuracies in the Service content of which Subscriber becomes
- Subscriber is responsible for all security for and all use
of the Service initiated by persons using Subscriber's user
names and passwords or accessing the Service through Subscriber's
- Subscriber will use reasonable efforts to notify Authorized
Users of these Terms and Conditions and will take steps to
protect the Service from unauthorized use of the Service or
other breach of these Terms and Conditions.
- Subscriber will issue passwords and user names and other access
information only to Authorized Users and will use reasonable
efforts to ensure that Authorized Users do not divulge their
passwords, user names, or other access information to any third
- Subscriber will use reasonable efforts to monitor compliance
with these Terms and Conditions and immediately upon becoming
aware of any unauthorized use of the Service or other breach
of these Terms and Conditions, or of lost or stolen user names
and passwords, inform Publisher and take all reasonable and
appropriate steps, including disciplinary action, both to ensure
that the activity ceases and to prevent any recurrence.
- When using the Service
outside the United States, Subscriber shall be the exporter
and importer of record of the Service by electronic means
or otherwise, and is responsible for determining and complying
with all applicable United States and foreign export and import,
procurement data and technology transfer laws, rules, regulations,
customs, tariffs, duties, and fees.
- Legal Notices including information about
security, and copyright are located at http://classweb.loc.gov/legal.html.
- While the Publisher and its suppliers and licensors have attempted
to minimize inaccuracies and defects in the data and services
furnished, the data and services are provided AS IS. THE PUBLISHER,
ITS SUPPLIERS AND/OR LICENSORS MAKE NO EXPRESS WARRANTIES AND
DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Subscriber acknowledges that the Internet is an
unsecured, unstable, unregulated disorganized and
unreliable environment, and that the ability of Publisher
to deliver the on-line services may be dependent upon the
Internet and equipment, software, systems, data and services
provided by various telecommunications carriers, equipment
manufacturers, firewall providers and encryption system developers
and other vendors and third parties. Neither party shall be
liable for or have the right to terminate the Subscription
as a result of any delays or failures to perform any of its
obligations hereunder to the extent that such delays or failures
are due to circumstances beyond its reasonable control, including
acts of God, strikes riots, acts of war, power failures, functions
or malfunctions of the Internet, telecommunications services,
firewalls, encryption systems and security devices, or governmental
regulations imposed after the date that the Subscription was
- Publisher, its suppliers and/or licensors shall
not be liable for any loss or damage (including special, exemplary,
incidental or consequential damages), lost profits, loss of
business, loss of or damage to data, downtime or unavailability,
resulting from or in connection with the use or inability
to use the Service. Subscriber hereby acknowledges that use
of the Service is at Subscriber's sole risk.
- Publisher further makes no warranties respecting
any harm that may be caused by the transmission of a computer
virus, worm, time bomb, logic bomb or other such computer
- Term and Termination
- Subscriptions will be offered on an annual basis to commence
when Subscriber has paid the Fee and received access to the
Service from Publisher and terminating one year after the date
that such access is granted. Beginning three months before the
conclusion of the Service period, Subscriber will receive bi-weekly
e-mails informing Subscriber of the termination of the service.
If not renewed, the Service will be terminated at the end of
the Service period. If renewed within sixty (60) days of the
conclusion of the Service period, the Subscription will be reactivated,
subject to these Terms and Conditions.
- The Subscription may be terminated if Subscriber commits a
material breach of these Terms and Conditions. All "Prohibited
Uses" listed in Section III of these Terms and Conditions shall
be considered material breaches.
- In the event that either party believes the other has materially
breached any obligations under these Terms and Conditions, the
non-breaching party shall so notify the breaching party in writing.
That party shall have thirty (30) days from receipt of this
notice to cure the alleged breach and to notify the non-breaching
party in writing that cure has been effected. If the breach
is not cured within the thirty (30) day period, the non-breaching
party shall have the right to terminate the Subscription without
- Notwithstanding Section VIII(C), above, in the event that
Publisher reasonably believes that Subscriber has materially
breached its obligation not to download or print Service content,
except as authorized by these Terms and Conditions, Publisher
shall have the right to immediately suspend or terminate the
Service. Publisher may, in its sole discretion, upon notice
to Subscriber, permit Subscriber thirty (30) days in which to
negotiate for resumption of access to the Service.
- Notwithstanding anything in these terms to the contrary, the
Publisher reserves the right to terminate the Subscription at
any time. In that case and unless otherwise provided under these
Terms and Conditions, the Publisher shall promptly refund to
the Subscriber on a prorated basis fees previously paid by the
Subscriber to the Publisher with respect to the unexpired portion
of the Subscription term.
- Publisher reserves the right to remove or purge Subscriber's
data stored with the Service more than ninety (90) days beyond
the date of termination of the Service.
- Notices Any notices to be served on either of the
parties by the other shall be sent by certified mail, postage
prepaid, and by facsimile. All such notices shall be deemed
to have been received within seven (7) days of posting/transmission
by facsimile. Publisher's address for notice: Attn: Chief of
CDS, Cataloging Distribution Service, Library of Congress, Washington,
D.C. 20541-4912. Fax: (202) 707-3959.
- Entire Agreement These Terms and Conditions
constitutes the entire agreement of the parties and supersede
all prior communications, understandings and agreements relating
to the subject matter of these Terms and Conditions, whether oral