From: Jennifer Castaldo <[log in to unmask]>
Date: Wed, 31 Oct 2012 20:11:41 +0000

Hello all,

I monitor this list daily, but it is my first time posting. I am
hoping you can help me!

Earlier this year, Ebsco had to drop the full text version of the
Economist from its aggregated databases (such as Academic Search
Complete) due to a bid from the EIU for a semi-exclusive
contract/rising costs.  So, now we are currently trying to get an
institutional online subscription from the Economist directly, as this
is the only way to get the full online version with images.

I have issue with a line in their subscriber agreement:

“The client shall ensure that each user fully complies with the terms
of this agreement.”

Typically, other subscriptions have a similar clause, but it is worded
as such: “The client shall use reasonable efforts to notify users of
the terms of this agreement.”  Worded this way I am obviously fine
with.

I have always been taught never to promise that we will “police” users
and we have no way to “ensure” that users comply.  I have been trying
to negotiate this small line in the agreement, but they will not
budge. They said "this is a consumer based contract and we must
maintain consistency in the terms for all users of the website. The
contract is what it is."

Have you all had any luck in dealing with similar situations?  Is this
something that is not a big deal that I should just sign and overlook?

Thank you in advance for any advice! Best,
Jennifer

Jennifer Castaldo
Electronic Resources Manager/Distance Education Librarian
Entrepreneurial Library Program
Johns Hopkins University
Baltimore, MD 21218
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Excelsior College Library
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