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 [log in to unmask] Excelsior College Library [log in to unmask]