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1. DEFINITIONS
"Customer" refers to an individual, partnership, corporation or other
legal entity who incurs internet usage charges for our services, for
its own use or on behalf of a third-party user.
"Internet Service Agreement" refers to that Internet Service
Agreement by and between our company and the Customer to which this Addendum is
attached and incorporated.
"User" refers to an individual who has access to the internet service
provided to Customer under the terms of the Internet Account Agreement.
2. PRICE AND TERMS
- General. Customer shall pay all fees and charges
associated with the rate plan selected, including without limitation,
any set-up and/or installation fees, equipment purchases and/or
rentals, and service charges, all as set forth in this Addendum and
the Internet Service Agreement.
- Payment. Payment shall be made by Customer on the first day of
each month (or for semi-annual or annual rate plans, on the first day
of each plan period). Accounts not paid in a timely manner will be
considered delinquent, and may be subject to suspension or
termination, including reasonable collection and legal fees. Returned
checks are subject to a $20.00 charge.
- Rate Changes. In the event Customer is subject to a Term
Commitment, as set forth in the Internet Service Agreement, the
internet usage charges set forth therein will remain unchanged
throughout the period of the Term Commitment. In the event Customer is
not subject to a Term Commitment, or following the expiration of
Customer's Term Commitment, we will provide the Customer with thirty
(30) days notice of any applicable rate change. Upon receipt of such
notice, Customer will be permitted to terminate the Internet Service
Agreement, without penalty, by providing us with written notice
of termination prior to Customer's next scheduled payment.
- Basic Dialup Term Discounts. Subject to the terms of any Term
Commitment which may apply, Customers who have selected a 6-month or
12-month service contract under the Basic Dialup Account Plan will
receive a prorated refund of any advance service charges paid in the
event of termination of the plan. The calculation of such pro-ration
will be based on the regular monthly contract charge then in effect,
rather than the discounted charge applicable to Customer's specific
term contract.
3. INSTALLATION AND EQUIPMENT
We will provide Customer with internet access as selected in the
Internet Account Agreement, and will provide and install any necessary
equipment and hardware required for such access, upon payment of the fee
and in accordance with the terms and conditions set forth in the
Internet Account Agreement. All equipment will remain the property of
our company, and will be picked up by our company upon termination of service to
Customer. Customer will be responsible and will pay the reasonable cost
of any and all damage to the equipment while in the possession of
Customer.
4. TERM AND TERMINATION
- Term. The Internet Account Agreement commences upon activation of
service by us and remains in effect for the selected rate plan
period, if applicable, unless terminated sooner as herein provided.
- Termination by Customer. Subject to any Term Commitment and
corresponding termination charge to which Customer may be subject,
Customer may terminate the Internet Account Agreement upon ten (10)
days advance written notice to our company. Unless our company has increased
fees or charges within thirty (30) days prior to its receipt of
Customer's notice of termination, Customer shall be responsible for
any termination charge applicable to Customer's selected rate plan, as
set forth in the Internet Account Agreement.
- Termination by our
company. Our company may suspend or terminate the
service provided under the Internet Account Agreement at any time,
without prior notice to Customer. Upon termination of Customer's
internet account, for any reason and regardless of the party
initiating the termination, we may delete all data, files or
other information relating to such account that exists or is stored on
our hardware.
5. USE OF INTERNET SERVICE
- Compliance with Terms and Conditions. Customer represents and
shall insure that all Users comply with the terms and conditions
thereof, and of this Terms and Conditions Addendum and the Acceptable
Use Policy set forth in full on our websites.
- Exclusive Connection. The internet connection contemplated by this
Internet Account Agreement may not be shared with other devices (i.e.
other PCs, notebooks, etc) unless expressly set forth in in the
Internet Account Agreement or otherwise agreed to in writing by
our company. The type and number of devices permitted to be connected is
reflected in the number of devices in the network.
- Compliance with Applicable Law. Customer shall not permit any
Users to access or use the services provided by our company under the
terms of the Internet Account Agreement in any manner which does, or
may reasonably be expected to, violate applicable federal, state or
local law, infringe the rights of third parties, or interfere with
users of internet service provided by our company or any other service
network. Customer is responsible for the knowledge of and adherence to
any and all laws, statutes and regulations pertaining to or in any way
connected with the internet services provided by our company under the
terms of the Internet Account Agreement, and any use of any
information, data, material or service in violation of any such law,
statute or regulation is strictly prohibited. Customer further agrees
that he/she/it will not, and will not permit any Users to, knowingly
solicit or collect personal information from a minor without
appropriate prior verifiable parental consent.
- Unlawful or Unauthorized Activity. Customer agrees, and will
require his/her/its Users to agree, that by posting information in or
otherwise using any communications service, chat room, message board,
news group, software library, or other interactive service that may be
available on or through our website, Customer and/or User will
not upload, post, or otherwise distribute or facilitate distribution
of any content (including text, communications, software, images,
sounds, data, or other information) that:
- Is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive or another's privacy,
tortuous, or contains explicit or graphic descriptions or accounts
of sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or
policies;
- Victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (also known as "spamming"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or
gambling;
- Contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or other information of
any third party; or
- Impersonates any person or entity, including any employee or
representative of our company.
Customer acknowledges that
our company does not routinely pre-screen,
monitor, or edit the content posted by users of communications
services, chat rooms, message boards, news groups, software
libraries, or other interactive services that may be available on or
through its website. Notwithstanding the same, our company and its agents
have the right, in their sole discretion, to edit or remove any
content that, in our judgment, does not comply with the terms and
conditions of this Addendum or is otherwise harmful, objectionable,
or inaccurate. We are not responsible for any failure
or delay in editing and/or removing any such content.
- Transfer of Rights. Rights granted to Customer pursuant to the
terms of the Internet Account Agreement, and this Addendum, cannot be
transferred, assigned, shared, sold, or used by anyone other than
Customer. Unless otherwise agreed in writing by the parties, no more
than one (1) connection to the services provided by our company may be used at
any time by Customer on any system account.
- Availability. We reserve the right to establish and enforce
usage limits limiting the speed of uploads and downloads of any kind
and in all protocols, including without limitation, file downloads (FTP's)
and Web browsing, from time to time, for all wireless, DSL or other
system accounts. Local access dial-up numbers may not be available in
all areas. Customer is solely responsible for determining if use of a
particular dial-up number will result in long distance, toll or other
charges being incurred. We are not responsible for any such charges
incurred by Customer.
- Privacy. There are no facilities provided in the system for
sending or receiving truly private or confidential electronic
communications. The provisions of the Electronic Communications
Privacy Act of 1986 and the Children's Online Privacy Protection Act
apply.
7. LIMITATION OF LIABILITY
EXCEPT FOR CERTAIN PRODUCTS OR SERVICES SPECIFICALLY IDENTIFIED AS
BEING OFFERED BY OUR COMPANY, OUR COMPANY DOES NOT CONTROL ANY MATERIALS, INFORMATION ,
PRODUCTS, OR SERVICES ON THE INTERNET. CUSTOMER ASSUMES FULL
RESPONSIBILITY AND RISK FOR USE THE SAME, AND IS SOLELY RESPONSIBLE FOR
EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES ,
PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF
ALL MERCHANDISE PROVIDED THROUGH THE INTERNET. AS A USER OF THE
INTERNET, CUSTOMER AND USERS WILL HAVE ACCESS TO AND MAY BE EXPOSED TO
MATERIALS THAT CUSTOMER FINDS OFFENSIVE, INCLUDING BUT LIMITED TO
SEXUALLY EXPLICIT IMAGES AND TEXT, ENCODED IMAGES, RELIGIOUS AND
POLITICAL DEBATE, AND HATE MONGERING AGAINST CERTAIN CLASSES OF
INDIVIDUALS. THE SOFTWARE USED TO ACCESS INTERNET INFORMATION USUALLY
CONTAINS FEATURES DESIGNED TO FILTER OFFENSIVE INFORMATION. HOWEVER,
THESE MECHANISMS ARE NOT PERFECT: THEY WILL NOT KEEP OFFENSIVE MATERIALS
OUT OF CUSTOMER'S SIGHT, AND CANNOT PREVENT A DETERMINED PERSON FROM
OBTAINING THESE MATERIALS. CUSTOMER AND USERS HEREBY RELEASE OUR COMPANY FROM
LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE INTERNET SERVICE.
WE SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF
EQUIPMENT OR SERVICES NOT PROVIDED BY OUR COMPANY, FAILURE OF COMMUNICATIONS,
POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF
OUR COMPANY, NOR SHALL OUR COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR
CREATED BY CUSTOMER'S OR USERS' EQUIPMENT. OUR PERFORMANCE UNDER THIS
AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL
ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. WE SHALL NOT BE LIABLE IF
CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR
ALTERATION OF CUSTOMER'S OR USERS' EQUIPMENT, RENDER THE SAME OBSOLETE
OR OTHERWISE AFFECTS ITS PERFORMANCE. THE INTERNET SERVICES PROVIDED BY
US ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OUR COMPANY DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE
FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL OUR COMPANY BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF PR9OF ITS, LOSS OF BUSINESS OR
BUSINESS OPPORTUNITY, LOSS OF USE, AND THE LIKE. THE LIABILITY OF
OUR COMPANY
FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, IN TORT, IN NEGLIGENCE, OR
OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE
BY CUSTOMER FOR INTERNET SERVICE UNDER THE INTERNET ACCOUNT AGREEMENT
DURING A PERIOD OF ONE YEAR. OUR COMPANY MAKES NO OTHER WARRANTIES OR
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE INTERNET
SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES OF TITLE AND MERCHANTABILITY, AND ANY OTHER WARRANTY
IMPLIED BY LAW.
8. INDEMNIFICATION
Customer and any Users shall indemnify and hold harmless
our company, its
agents and employees, from and against any loss, cost, claim, liability,
damage, or expense (including reasonable attorneys' fees) to third
parties, relating to or arising from the use of the internet services
provided under the terms of the Internet Account Agreement by Customer,
Users, or any of their employees or agents, whether or not Customer or
Users have knowledge of or have authorized such access or use,
including, without limitation, claims for libel, slander, invasion of
privacy, copyright infringement, patent infringement (where Customer or
Users have used, connection or combined the internet service with the
products or services of others), negligence, breach of security, or
tortuous behavior. Customer agrees to indemnify our company, and any company
from whom we obtain network services, and to hold them harmless
from any claims resulting from the use of the internet service by
Customer or Users that damages another party or violates the law.
9. DISPUTE RESOLUTION
In the event of a breach of the Internet Account Agreement by
Customer, all of the rights of Customer, as set forth herein, shall be
immediately terminated, and all fees and charges paid to our company shall
be forfeited as liquidated damages. In the event that our company is
required to engage the services of an attorney because of a breach of
the Internet Account Agreement by Customer or due to a dispute arising
out of the internet services provided under the Internet Account
Agreement, Customer agrees to pay all of our reasonable attorneys
fees and court costs in connection with the same. The Internet Account
Agreement shall be construed and interpreted in accordance with the laws
of the Commonwealth of Pennsylvania, without regard to its choice of law
rules. Customer expressly consents to jurisdiction in the courts of
Lebanon County, Pennsylvania, and expressly waives the right to a jury
trial with regard to any dispute under the Internet Account Agreement.
10. AMENDMENT
We reserves the right to amend this Terms and Conditions
Addendum, and the Internet Account Agreement, from time to time, in its
sole discretion. Subject to any rights of termination Customer may have
hereunder, any such amendments shall be effective immediately upon
thirty (30) days notice to Customer..
11. ENTIRE AGREEMENT
The Internet Account Agreement, together with this Addendum, the Term
Commitment Addendum, if any, and the any terms and conditions of use
posted on our website constitute the entire understanding and
agreement between the parties as to the subject matter hereof, and
supersedes any prior written or oral negotiations, representations,
guaranties, warranties, promises, orders, statements or agreements
between the parties or any statement or representation made or furnished
by any other person representing or purporting to represent either
party.
I, the undersigned Customer, represent that I am at least eighteen
(18) years of age, that I have read and agree to abide by, and to
require that any Users read and agree to abide by, the terms and
conditions contained in this Addendum. I understand that failure to
abide by the terms and conditions contained herein my result in
immediate termination of service and/or fines and penalties assessed
against me by our company. |
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