...     Local  717-272-8543           Toll Free  1-866-272-8543


2
EvenLink
     
    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

  1. 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.

     

  2. 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.

     

  3. 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.

     

  4. 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

  1. 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.

     

  2. 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.

     

  3. 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

  1. 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.

     

  2. 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.

     

  3. 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.

     

  4. 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:

     

    1. 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;

       

    2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

       

    3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

       

    4. 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;

       

    5. 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

       

    6. 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.


     

  5. 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.

     

  6. 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.

     

  7. 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.