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INTRODUCTION We are committed to complying
with the Children's Online Privacy Protection Act. Accordingly, if you are
under the age of 13, you are not authorized to provide us with personally
identifying information, and we will not use any such information in our database
collection activities. We appreciate your cooperation with this federally
mandated requirement. By using this Internet service
("Service") or by establishing an account, you agree to be bound by
this Agreement and to use the Service in compliance with this Agreement, our
Acceptable Use Policies and all other use policies (collectively, the
"Terms of Service"). If you do not agree to the Terms of Service,
including any future revisions, you may not use the Service, and if you have
an account you must terminate it as provided herein. We, your Internet
service provider (the "ISP"), reserve the right to revise the Terms
of Service and you accept sole responsibility for periodically reviewing them
for any and all changes. Your continued use of this Service following the
posting of any revisions to the Terms of Service constitutes your acceptance
of those revisions. 1. SUBSCRIBER OBLIGATIONS (A) End users establishing an
account with the ISP ("Members") must be at least 18 years old. (B) Members must (i) provide ISP
with accurate and complete billing information including legal name, address,
telephone number, and credit card/billing, and (ii) report to ISP all changes
to this information within 30 days of the change. Members are responsible for
all charges to their account. (C) Members are billed each month
for the basic service and any additional usage or services. Members are
responsible for paying all charges billed to their account in the manner and
method prescribed on their invoice. ISP is not responsible for any charges or
expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting
from charges billed by ISP. (D) If ISP has failed to pay any
underlying service provider all amounts owing for your account - whether or
not you have paid ISP - your account will be subject to suspension or
cancellation until you or ISP has paid all amounts due. (E) Delinquent accounts may be
suspended or canceled at ISP's sole discretion; however, charges will
continue to accrue until the account is canceled. ISP may bill an additional
charge to reinstate a suspended account. 2. A SPECIAL NOTE CONCERNING
MINORS Protecting children's privacy is
especially important to us. It is our policy to comply with the Children's
Online Privacy Protection Act of 1998 and all other applicable laws. ISP
recommends that children ask a parent for permission before sending personal
information to ISP, or to anyone else online. 3. MEMBER'S ACCOUNT, PASSWORD
AND SECURITY Members receive a user name,
password and account designation upon registration. You and members of your
household are the only authorized users of your ISP account and must comply
with this Agreement. You must keep your password confidential so that no one
else may access the Service through your account. You must notify ISP within
24 hours of discovering any unauthorized use of your account. Using a personal account for high
volume or commercial use (e.g., revenue generation, advertising, etc.) is
prohibited. Email accounts exceeding 10MB in size may, at ISP's discretion,
be transferred to a compressed temporary file or storage. ISP may delete the
temporary file from the server 60 days after notifying you. Any Member Web
site exceeding 5MB of disk space or 250MB of data transfer will be billed for
excess usage. You may establish a commercial or high-volume account by the
ISP. Usernames, passwords and email
addresses are ISP's property and ISP may alter or replace them at any time. 4. MONITORING THE SERVICE ISP has no obligation to monitor
the Service, but may do so and may disclose information regarding the use of
the Service for any reason if ISP, in its sole discretion, believes that it
is reasonable to do so, including but not limited to: satisfy laws,
regulations, or governmental or legal requests; operate the Service properly;
or protect itself and its Members. Please see our Privacy Policy. ISP may
immediately remove your material or information from ISP's servers, in whole
or in part, which ISP, in its sole and absolute discretion, determines to
infringe another's property rights or to violate our Acceptable Use Policy. 5. DISCLAIMER OF WARRANTIES EXCEPT FOR CERTAIN PRODUCTS AND
SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL
ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE
INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK
FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR
EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE,
PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL
MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ISP DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF
VIRUSES, OR OTHER HARMFUL COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND
WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ISP OR THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY. 6. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL ISP,
EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE
LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE
OR INABILITY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT,
INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ONCONTRACT,
TOTRT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
ISP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. 7. INDEMNIFICATION Upon a request by ISP, you agree
to defend, indemnify, and hold harmless ISP and its subsidiary and other
affiliated companies, and their employees, contractors, officers, and
directors from all liabilities, claims, and expenses, including attorney's
fees, that arise from your use or misuse of this site. ISP reserves the
right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate with ISP in asserting any available defenses. 8. SOFTWARE LICENSE ISP grants to each Member a
limited, non-exclusive, non-transferable and non-assignable license to
install and use the ISP access software (including software from third-party
vendors that ISP distributes) (in object code format), its associated
documentation, and any updates thereto ("Licensed Programs") in
order to access and utilize the Service. Each Member agrees to use the
Licensed Programs solely in conjunction with the Service and for no other
purpose. ISP may modify the Licensed Programs at any time, for any reason,
and without providing notice of such modification to a Member. The Licensed Programs constitute
confidential and proprietary information of ISP and ISP's licensors and
embody trade secrets and intellectual property protected under United States
copyright laws, other laws, and international treaty provisions. All right,
title, and interest in and to the Licensed Program, including associated
intellectual property rights, are and shall remain with ISP and ISP's
licensors. Member shall not translate, decompile, reverse engineer,
distribute, remarket or otherwise dispose of the Licensed Program or any part
thereof. You may not download, use or
otherwise export or re-export the Licensed Programs or any underlying
information or technology except in full compliance with all United States
and other applicable laws and regulations. By installing or downloading the
Software, you represent and warrant that you are not located in, under the
control of or a national or resident of any country on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. 9. WEBSITE USAGE and OTHER WEB
SITES The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Because ISP has no control over such sites and resources, you acknowledge and
agree that ISP is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that ISP shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or
resource. Some portions of the Website are
made available for the free exchange of ideas by participants and are not
regularly monitored nor moderated by ISP. ISP assumes no responsibility and
makes no warranty that it will undertake to screen or remove such material.
You agree to hold ISP harmless from all claims based upon the materials
posted by others. Also, in exchange for availing yourself of the opportunity
to upload or provide information to this site and any associated chat rooms
or discussion areas, you will indemnify ISP from any claims made by third
parties regarding the material that you provide. Personal information posted
by you to the Website is posted at your own risk. ISP will have no liability
arising from use of that information. You shall not use the Website to
distribute or publish any advertising of goods or services, solicitations for
funds, or other commercial messages. You agree that you will not post, upload
or otherwise introduce a virus or other harmful code onto the Website. Your posting of material on the
Website or providing material to ISP to use on the Website, will be deemed to
be a grant by you to ISP of a perpetual, non-revocable, worldwide,
non-exclusive license to the material to include the material on the Website
and to reproduce, publish, distribute, perform, display, and transmit the
material and to prepare derivative works as reasonably necessary to do so,
and you waive all rights of attribution and integrity with respect to the
material. 10. TERM OF AGREEMENT Continued use of the Service
constitutes acceptance of this Agreement and any future versions. If you are
dissatisfied with the Service or any related terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is to
discontinue using the Service and, if you are a Member, to terminate your
account. 11. TERMINATION ISP reserves the right, in its
sole discretion, to terminate your account, your password and your use of the
Service, with or without notice. You may terminate your account at any time
and for any reason by providing notice of intent to terminate to ISP by: telephone calls directed to
Customer Service. registered or certified mail,
return receipt requested addressed to ISP. Email termination of your basic
Internet access account will not be accepted. If your account included space
on ISP's servers, anything stored on this space will be deleted upon
termination. Section 2, the third paragraph of Section 3, and Sections 5, 6,
7, 12 and 13 of this Agreement shall survive termination of this Agreement. 11. THIRD PARTY BENEFICIARY YOU AGREE THAT ANY UNDERLYING
SERVICE PROVIDER OF ISP'S SERVICE IS A THIRD-PARTY BENEFICIARY OF THIS
AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED
BY THIS AGREEMENT TO ISP DESCRIBED HEREIN. 12. MISCELLANEOUS This Agreement, the Acceptable
Use Policy, the Privacy Policy, and ISP's other user policies posted on ISP's
website constitute the entire agreement between you and ISP with respect to
your use of the Service. ISP may revise, amend, or modify
this Agreement, the Acceptable Use Policy and any other user policies, at any
time and in any manner. Any revision, amendment, or modification will be
effective immediately after ISP posts it at its website. This Agreement is governed by the
law of the state in which ISP operates its main office without regard to
conflict of law provisions. The federal and state courts located in said
state alone have jurisdiction over all disputes arising out of or related to
this Agreement and the Service. You consent to the personal jurisdiction of
such courts sitting in said state with respect to such matters or otherwise
between you and ISP, and waive your rights to removal or consent to removal.
2006 Canaan Cable |