DRAFT 3Hyperlink Specification and Usage AgreementThis agreement is made between Openly Informatics, Inc. with an address at 10Columbus Avenue, Bloomfield, New Jersey 07003 U.S.A. and the other party to thisagreement as indicated in the signature provisions to this agreement. The partiesto this agreement may have duties under this agreement pursuant to the termshereof as a Linker, Linkee, Constructor, or Specifier (all as hereinafterdefined) depending upon the actions being taken or undertaken by the parties tothis agreement.1. IntroductionWhereas the Openly Informatics, Inc. ("Openly") S-Link-S system for CitationHyperlinking is designed to give scholarly publishers a legal and technicalapparatus which they can use to provide Hyperlinks to Citations of scholarlyliterature, thus greatly enhancing the utility of electronic journals.Whereas Internet Hyperlinking is inherently a cooperative activity between Linkeeand Linker and it is thus important for both parties to have a clearUnderstanding of their mutual rights and responsibilities. In many cases,copyright and trademark jurisprudence have not made clear what rights exist inthe absence of an agreement.Therefore, this agreement establishes a simple quid pro quo: In exchange for theinformation needed to construct Hyperlinks and assurances that the Hyperlinkswill work, Linkers agree to follow rules and obey directives specified by theLinkee. In addition, general guidelines for Hyperlinking etiquette areestablished and consented to by all parties.Further, to enable publishers to establish effective agreements with a largenumber of publishers, this agreement is implemented with Openly as third partyintermediary with other Linkees as intended third party beneficiaries.2. Definitions2.1. An "HSUA Party" is a person or entity bound to this agreement or to aHyperLink Specification and Usage Agreement between a third party and Openlysimilar in form and substance to this agreement.2.2 A "Citation" is a textual presentation in an intellectual work of an abstractreference to another intellectual work. 2.3. A "Resource" is information, such as a web page, deliverable by electronicapparatus.2.4. A "Hyperlink" is an address embedded in a Resource, readable by a machine,attached to an object recognizable by a user(such as a graphic or text), whichallows a user to request another Resource such as a web page. 2.5. A "Linkee" is the provider of the Resource being Hyperlinked to.2.6. A "Linker" is a person or organization that publishes or otherwise makesavailable a Resource containing a Hyperlink or otherwise points a user to aResource published or made available by a Linkee.2.7. A "Constructor" is a person or organization who uses information covered bythis agreement to build the Hyperlinks. 2.8. A "Specifier" is a person or organization who provides and submits to Openlyinformation covered under this agreement. 2.9. A "Web Service" is a purposeful collection of Resources. Examples of WebServices include libraries, electronic journals, and databases.2.10 A "Link Method" is a set of instructions and metadata that can be used incombination with Citation-specific information to construct a Hyperlink to aResource.2.11. "S-Link-S" is a system developed by Openly Informatics, Inc. consisting ofsoftware, specifications, and databases, designed to facilitate the constructionof Hyperlinks for scholarly Citations.2.12. The "S-Link-S Vocabulary" is a collection of machine readable terms withmeanings defined as part of S-Link-S, and published by Openly. Certain of theseterms, enumerated in Attachment 2, refer to legal concepts defined herein. 2.13. An "S-Link-S Link Method" is the expression of a Link Method in S-Link-SVocabulary. Terms in the S-Link-S Vocabulary which form statements which are partof S-Link-S Link Methods are enumerated in Attachment 2. 2.14. An "S-Link-S Specification" is a collection of S-Link-S Link Methods andand other information expressed using terms in the S-Link-S Vocabulary submittedto Openly by Specifiers, and transmitted to Constructors to enable theconstruction of scholarly Citation Hyperlinks. An S-Link-S Specification maycontain information describing availability ranges of Resources, the nature andformat of the Resources, access controls, names, abbreviations and identifiers ofthe Resource. 2.15. A "Hyperlink Context" is a categorization of a Web Service in which aparticular Hyperlink is embedded.2.15.1. A "Citing Resource" Hyperlink Context occurs when the Resource whichembeds the particular Hyperlink combines said Hyperlink with a Citation.2.15.2. A "Linkable Resource" Hyperlink Context occurs when the Resource whichembeds the particular Hyperlink is part of a Web Service AND an S-Link-SSpecification has been submitted for said Web Service, AND an abstract orfull-text associated with the Resource is freely available using Link Methods ofsaid S-Link-S Specification. 2.15.3. A "Free Resource" Hyperlink Context occurs when the Resource which embedsthe particular Hyperlink is freely available on the internet.2.15.4. An "Indexed Resource" Hyperlink Context occurs when the Resource whichembeds the particular Hyperlink is freely available and open to indexing robots.2.15.5. A "Redirection" Hyperlink Context occurs when the Hyperlink is notembedded in web pages, but rather is delivered as a redirection of otherHyperlinks. 2.16. "S-Link-S Restrictions" are indications by a Linkee using terms in theS-Link-S Vocabulary that specific Link Methods may only be under specificconditions defined here. 2.16.1. "Private" S-Link-S Restrictions.A Specifier may indicate using terms in the S-Link-S Vocabulary that use of aLink Method is not permitted without the written agreement of the Linkee. TheLink Method shall be not public and must not be shared with persons or entitieswho are not HSUA Parties.2.16.2 "Contextual" S-Link-S Restrictions.A Specifier may indicate using terms in the S-Link-S Vocabulary that use of aLink Method is restricted to one or more Hyperlink Contexts  and, if soindicated, Linkers may not publish Hyperlinks constructed using these LinkMethods in Hyperlink Contexts other than the the allowed HyperLink Contextswithout the written agreement of the Linkee. The Link Method shall be not publicand must not be shared with persons or entities who are not HSUA Parties.2.16.3. "Public" S-Link-S Restriction.A Specifier may indicate using terms in the S-Link-S Vocabulary that use andtransmittal of a Link Method is unrestricted.2.16.4. "Friendly" S-Link-S Restriction.If no S-Link-S Restrictions for a Link Method are specified using terms in theS-Link-S Vocabulary, the Link Method shall be not public and must not be sharedwith persons or entities who are not HSUA Parties.. 3. Rights, Responsibilities, and Restrictions for Linkers3.1. Rights Granted to LinkerThe Linkee grants to Linkers who are HSUA Parties permission to publishHyperlinks to Resources provided by the Linkee, subject to S-Link-S Restrictionsand to usage restrictions as specified by this agreement.3.2. Restrictions Imposed on LinkerThe Linker agrees to comply with S-Link-S Restrictions and to follow directivesmade through Robot Exclusion files. (see Section 6.1, below)3.3. Button Graphics and Service NameWhen a service name or link button URL are specified, the Linker is granted theright to present and to display the specified button graphic and/or service nameSOLELY for the purpose of assisting a user's navigation.3.4. This agreement confers no rights other than those specified in Sections 3.1,3.3, 3.6 and 6.1 and para 5.3.1, 5.3.2 and 5.3.3. of this agreement, on a Linker.3.5. The Linker agrees not to use S-Link-S Specifications other than items markedas "Public" to acquire information for purposes other than the allowedHyperlinking, even when use of such acquired information may be allowed as fairuse, unless expressly permitted by the Linkee.3.6. A Linker is not compelled by this agreement to present a Hyperlink and mayomit Hyperlinks for any reason.3.7. Linkers will present Hyperlinks following standards and customs ofHyperlinking etiquette as described in attachment 1, and as amended in the futureon written notice from Openly.3.8. Linkers shall provide Openly with and maintain an e-mail address and contactinformation to receive and act on reports of defective Hyperlinks or incorrectS-Link-S Specifications.4. Rights and Responsibilities for Linkees.4.1. Specifying Linkees and Specifiers acting on behalf of Linkees shall usetheir best efforts to make accurate and truthful S-Link-S Specifications.4.2 Linkees shall make a good faith best effort to maintain the availability ofspecified Resources to the extent indicated by such Linkee's submitted S-Link-SSpecifications.4.3 In making S-Link-S Specifications, Linkees make no warrantees about theavailability of a Resource for which they write an S-Link-S Specification, norits fitness for a particular purpose.4.4. Linkees shall provide Openly with and maintain an e-mail address and contactinformation to receive and act on reports of defective Hyperlinks or incorrectS-Link-S Specifications.4.5. Linkees shall be solely responsible for the content of HyperlinkedResources.4.6. It is the sole right and responsibility of the Linkee to authenticate anddetermine the access privileges of usersrequesting Hyperlinked Resources,regardless of any S-Link-S Specifications made using terms in the S-Link-SVocabulary.5. Rights and Responsibilities of Openly5.1. To allow for efficient administration and control of S-Link-S Specificationsand to enforce this agreement, Openly shall have the right, in addition to anyother rights or remedies otherwise available by law, to employ the followingmeasures:5.1.1. Openly may at any time, for reasonable cause, revoke access to S-Link-SSpecifications.5.1.2. Openly may at any time, for reasonable cause, remove S-Link-SSpecifications from circulation.5.1.3. Openly may for any reason delay or decline acceptance of an S-Link-SSpecification for retransmission.5.2. In the event that a Hyperlink built using S-Link-S is used in violation ofthe restrictions and practices set forth by this agreement, at the request of aLinkee, Openly shall have the right to employ the following measures, in additionto measures of 5.1.:5.2.1. Openly may require a Linker to remove a Hyperlink, when such removal ispractical, or to make such modifications to the Hyperlink and its context as tobring it into compliance with the restrictions and practice set forth by thisagreement. 5.2.2. Openly may issue and publish a written rating (as ïsatisfactoryÍ orïunsatisfactoryÍ)of a party's compliance with restrictions and practices setforth in this agreement. 5.3.1. Any party to this agreement may require that any dispute between HSUAParties about the implementation of Hyperlinking be decided through binding thirdparty arbitration; payment of reasonable and customary arbitration fees shall bemade by parties to the dispute in such percentage shares as shall be determinedto be reasonable and appropriate by the arbitrator(s). Arbitration shall beadministered: (i) by the American Arbitration Association (AAA), (ii) inaccordance with the rules of the United Nations Commission on International TradeLaw (UNCITRAL) (the "Rules") in effect at the time of arbitration as modifiedherein; and (iii) the arbitrator will apply the substantive laws of New Jerseyand the United States of America. 5.3.2. All arbitration proceedings shall be conducted in English by a singlearbitrator selected in accordance with the Rules, who must be fluent in Englishand be either a retired judge or practicing attorney having at least ten (10)years litigation experience and be reasonably familiar with the technologymatters relative to the dispute. Unless otherwise agreed, arbitration venue shallbe in New Jersey. 5.4. Openly is not responsible for pursuing further remedies for a breach of thisagreement.5.5. Openly may require by written notice that upon a material breach of thisagreement or termination of this agreement, the breaching or terminating partyshall terminate use of S-Link-S, and/or terminate use of S-Link-S Specifications.6. Robot Exclusions6.1. A standard format for posting exclusions of software agents, or robots, isavailable from http://info.webcrawler.com/mak/projects/robots/robots.html. A copyis included as attachment #3 Publishers may direct robots to not visit all orpart of a web site, and may exclude specific robots by name. Linkers agree tocomply with robot exclusions which are posted on a site. A Linker is granted theright to use a software agent to request Resources addressed by constructedHyperlinks for purposes of Hyperlink resolution, verification and maintenance.Publishers needing to specifically exclude Hyperlink resolution, verification andmaintenance shall issue directives for agent-names starting with"citation_linker"7. Database Rights7.1. Specifiers grant to Openly the right to transmit to  HSUA Parties anyinformation they submit to Openly. Specifiers also grant Openly the right totransmit to any other party any submitted information which is not private innature (as are Link Methods with S-Link-S Restrictions other than "Public") andwhich may be useful to the promotion of scholarly Citation Hyperlinking.7.2. As a consequence of this agreement, Openly may grant information access andcontribution privileges to Linkers and Linkees using access control measures suchas passwords, IP address restrictions, and e-mail-back restrictions. Openly,Linkees and Linkers agree to protect privileged information such as passwords andwill ensure that all users with privileged access will be HSUA Parties. Allinformation accessed or contributed using such mechanisms shall be deemed to beinformation covered under this agreement.8. Liability Limitations8.1. By exchanging S-Link-S Specifications, Specifiers, Linkers, Constructors,Linkees, and Openly do not assume any liability for mistakes, bugs orinaccuracies in the information or the systems implementing Hyperlinkconstruction.8.2. UNDER NO CIRCUMSTANCES SHALL OPENLY BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS,WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE OTHER PARTY ORPARTIES TO THIS AGREEMENT OR THOSE OF THEIR CUSTOMERS (INCLUDING, WITHOUTLIMITATION, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF GOODS,INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENTOF OTHER ASSETS), ARISING OUT OF BREACH OF CONTRACT OR BREACH OR FAILURE OFEXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY INTORT OR OTHERWISE. NOTWITHSTANDING THE ABOVE PROVISIONS OF THIS SECTION, OPENLYSHALL BE FULLY LIABLE IF OPENLY ENGAGES IN CONDUCT CONSTITUTING GROSS NEGLIGENCEOR INTENTIONAL FRAUD.9. Term and Termination.9.1. This agreement shall commence upon execution by the parties hereto andcontinue for an initial term of one year from the date of execution. Thereafter,this agreement shall be automatically renewed for successive additional terms ofone year unless terminated by either party in accordance with the remainingprovisions of this Section of the agreement. Any party to this agreement mayterminate this agreement at any time with or without cause upon six (6) monthswritten notice of termination to the other party or parties to this agreement.Any party to this agreement may terminate this agreement at any time forintentional fraud, gross misconduct, or actions which are illegal or whichconstitute gross moral turpitude.10. Registration Fee.10.1. Any registration fee which might otherwise be payable to Openly upon entryinto this agreement is hereby waived. Openly reserves the right to impose anannual registration fee at some point in the future upon six (6) months notice asa condition of continuation of this agreement. 11. Applicable Law.11.1. The validity, construction and performance of this agreement shall begoverned by and interpreted in accordance with the laws of the State of NewJersey in the United States of America without regard to New JerseyÍs internalconflicts of laws rules.12. Jurisdiction and Venue12.1. The parties to this agreement each expressly consent and agree that alllegal proceedings concerning, arising out of, or relating to this agreement(other than any actual arbitration proceedings before an arbitrator orarbitrators pursuant to the terms of this agreement) shall be maintained in thefederal or state courts situated in the State of New Jersey in the United Statesof America and jurisdiction and venue for such proceedings shall lie exclusivelywith such courts in New Jersey. Service of process in any such proceeding may bemade by certified mail, return receipt requested, directed to the respectiveparty at the address at which it is to receive notice as provided herein.13. Captions and Titles.13.1 The captions and titles of this agreement are to facilitate reference only,do not form a part of this agreement, and shall not in any way affect theinterpretation hereof.14. Waiver.14.1. No waiver of rights under this agreement shall be effective unless inwriting and signed by the party to be bound by such waiver. No failure to enforceany rights under this agreement shall be effective to bar enforcement of similaror identical rights under this Agreement upon a subsequent occurrence or omissionnor shall such failure be treated as a waiver or give rise to an argument ofestoppel.15. Amendment.15.1. No amendment or modification of, or addition to, this agreement shall beeffective or binding on any party to this agreement unless such amendment,modification or addition is in writing and executed by all parties to thisagreement.16. Successors and Assigns.16.1. This agreement is binding upon and shall inure to the benefit of theparties hereto and their successors and assigns.17. Binding Third Parties to the Agreement.17.1. If Construction or Specification services are provided by a party to thisagreement to a person or organization which is not an  HSUA Party, then suchparty to this agreement shall first obtain and provide to Openly from such personor organization not a party to this agreement a written instrument executed by anauthorized representative of such person or organization binding such person ororganization to the terms of this agreement in a form acceptable to counsel toOpenly and approved in advance in writing by Openly.Openly Informatics, Inc.:By:        Eric S. Hellman, President          Date      LocationIn the presence of or attested by:Linker/Linkee/Specifier/Constructor:                                                (Entity if applicable)By:     (Officer) Signature         Date signed        Location signedIn the presence of or attested by: Attachment 1Specifics of Hyperlinking Custom and EtiquetteHere are some specific examples for usage of S-Link-S generated  Hyperlinks. HTMLexamples are given to illustrate points that may be generalized to other formats:1. Hyperlinks must be accurately labeled. A user must be able to understand wherea  Hyperlink leads.1a. When anchoring a Hyperlink, the phrase, graphic and its context mustaccurately represent the content and source of the  Hyperlinked Resource. 			WRONG: parody of <a href="http://notthenewyorktimes.com">The New YorkTimes</a> . 		GOOD : <a href="http://notthenewyorktimes.com">parody of</a> The New YorkTimes. 	1b: When  Hyperlinking to a site which the anchor text does not describe, text orvisual cues must be added to indicate where a user will be going. Some sites makegraphics ( Hyperlink buttons) available specifically for this purpose.	WRONG: <a href="http://news.com/1,23,236/pr9823y">Sidewalk Suit Settled</a>		GOOD: <a href="http://news.com/1,23,236/pr9823y">Sidewalk Suit Settled</a>(From News.com} 	2. Linkers must NEVER frame content from another site without permission."Framing" leaves content in part of a browser window while allowing anothersite's content in the rest of the window. It is almost impossible to controlsubsequent subdivision of the windaw, and it becomes quite difficult for a userto tell where content is coming from. Note that a site can be inadvertantlyframed  if a Linker forgets to specify a target for  Hyperlinks in framed pages.	WRONG: <a href="http://www.yahoo.com/">Yahoo</a> (in a framed page) 		OK: <a target="new" href="http://www.yahoo.com/">Yahoo</a> (annoyingly pops anew window) 		GOOD: <a target="_top" href="http://www.yahoo.com/">Yahoo</a> ( Hyperlinks tothe page in an unframed window)3. Linkers must be very careful that a user will be able to tell where aHyperlinked Resource comes from. Linkers must NEVER  Hyperlink directly to agraphic on another site without permission. Linkers must NEVER embed a graphic(using an "IMG" tag from another site without permission. In these cases, a useris easily confused as to the source of the files. Linkers must NEVER  Hyperlinkto a file on an anonymous FTP site without clearly indicating to a user thesource and nature of the download that will occur.4. When picking a target page for a Hyperlink, Linkers must not try to circumventadvertising or user tracking on the target site. 5. When a linkee requests notification of Hyperlinks by specifying the"linkNotification" property in an S-Link-S Specification, linkers must send suchnotification in a useful and timely way. Notifications should not be done morefrequently than once a week.Attachment 2.Terms in the S-Link-S Vocabulary with specific meanings defined in thisagreement:restriction=Private (Sect 2.12.1.)restriction=Public (Sect 2.16.3.)restriction=Friendly (Sect 2.16.4.)restriction=Contextual (Sect 2.16.2.)allowedContext=Citing (Sect.2.15.1)allowedContext=Linkable (Sect.2.15.2)allowedContext=Free (Sect.2.15.3)allowedContext=Indexed (Sect.2.15.4)Terms in the S-Link-S Vocabulary which apply specifically to Link Methods:restrictionallowedContextlinkedObjectTypeclicksAwayallowedUserexpiresstartDateendDatestartsendsjKeytemplateAttachment 3.***************************************   Robot Exclusion Document       ***************************************Status of this documentThis document represents a consensus on 30 June 1994 on the robots mailing list(robots-request@nexor.co.uk) [Note the Robots mailing list has relocated toWebCrawler. See the Robots pages at WebCrawler for details], between the majorityof robot authors and other people with an interest in robots. It has also beenopen for discussion on the Technical World Wide Web mailing list(www-talk@info.cern.ch). This document is based on a previous working draft underthe same title. It is not an official standard backed by a standards body, or owned by anycommercial organisation. It is not enforced by anybody, and there no guaranteethat all current and future robots will use it. Consider it a common facility themajority of robot authors offer the WWW community to protect WWW server againstunwanted accesses by their robots.The latest version of this document can be found onhttp://info.webcrawler.com/mak/projects/robots/robots.html.IntroductionWWW Robots (also called wanderers or spiders) are programs that traverse manypages in the World Wide Web by recursively retrieving linked pages. For moreinformation see the robots page. In 1993 and 1994 there have been occasions where robots have visited WWW serverswhere they weren't welcome for various reasons. Sometimes these reasons wererobot specific, e.g. certain robots swamped servers with rapid-fire requests, orretrieved the same files repeatedly. In other situations robots traversed partsof WWW servers that weren't suitable, e.g. very deep virtual trees, duplicatedinformation, temporary information, or cgi-scripts with side-effects (such asvoting).These incidents indicated the need for established mechanisms for WWW servers toindicate to robots which parts of their server should not be accessed. Thisstandard addresses this need with an operational solution.The MethodThe method used to exclude robots from a server is to create a file on the serverwhich specifies an access policy for robots. This file must be accessible viaHTTP on the local URL "/robots.txt". The contents of this file are specifiedbelow. This approach was chosen because it can be easily implemented on any existing WWWserver, and a robot can find the access policy with only a single documentretrieval.A possible drawback of this single-file approach is that only a serveradministrator can maintain such a list, not the individual document maintainerson the server. This can be resolved by a local process to construct the singlefile from a number of others, but if, or how, this is done is outside of thescope of this document.The choice of the URL was motivated by several criteria:*	The filename should fit in file naming restrictions of all common operatingsystems. *	The filename extension should not require extra server configuration. *	The filename should indicate the purpose of the file and be easy toremember. *	The likelihood of a clash with existing files should be minimal. The FormatThe format and semantics of the "/robots.txt" file are as follows: The file consists of one or more records separated by one or more blank lines(terminated by CR,CR/NL, or NL). Each record contains lines of the form"<field>:<optionalspace><value><optionalspace>". The field name is caseinsensitive.Comments can be included in file using UNIX bourne shell conventions: the '#'character is used to indicate that preceding space (if any) and the remainder ofthe line up to the line termination is discarded. Lines containing only a commentare discarded completely, and therefore do not indicate a record boundary.The record starts with one or more User-agent lines, followed by one or moreDisallow lines, as detailed below. Unrecognised headers are ignored.User-agent The value of this field is the name of the robot the record is describing accesspolicy for. If more than one User-agent field is present the record describes an identicalaccess policy for more than one robot. At least one field needs to be present perrecord.The robot should be liberal in interpreting this field. A case insensitivesubstring match of the name without version information is recommended.If the value is '*', the record describes the default access policy for any robotthat has not matched any of the other records. It is not allowed to have multiplesuch records in the "/robots.txt" file.Disallow The value of this field specifies a partial URL that is not to be visited. Thiscan be a full path, or a partial path; any URL that starts with this value willnot be retrieved. For example, Disallow: /help disallows both /help.html and/help/index.html, whereas Disallow: /help/ would disallow /help/index.html butallow /help.html. Any empty value, indicates that all URLs can be retrieved. At least one Disallowfield needs to be present in a record.The presence of an empty "/robots.txt" file has no explicit associated semantics,it will be treated as if it was not present, i.e. all robots will considerthemselves welcome. ExamplesThe following example "/robots.txt" file specifies that no robots should visitany URL starting with "/cyberworld/map/" or "/tmp/", or /foo.html: # robots.txt for http://www.example.com/User-agent: *Disallow: /cyberworld/map/ # This is an infinite virtual URL spaceDisallow: /tmp/ # these will soon disappearDisallow: /foo.htmlThis example "/robots.txt" file specifies that no robots should visit any URLstarting with "/cyberworld/map/", except the robot called "cybermapper": # robots.txt for http://www.example.com/User-agent: *Disallow: /cyberworld/map/ # This is an infinite virtual URL space# Cybermapper knows where to go.User-agent: cybermapperDisallow:This example indicates that no robots should visit this site further: # go awayUser-agent: *Disallow: /Example CodeAlthough it is not part of this specification, some example code in Perl isavailable in norobots.pl. It is a bit more flexible in its parsing than thisdocument specificies, and is provided as-is, without warranty. Note: This code is no longer available. Instead I recommend using the robotsexclusion code in the Perl libwww-perl5 library, available from CPAN in the LWPdirectory. Author's AddressMartijn Koster m.koster@webcrawler.com***************************************  End of Robot Exclusion Document ***************************************