AGREEMENT FOR USE OF THE DSL INTERNET ACCESS SERVICE OF AMERITECH INTERACTIVE MEDIA SERVICES, INC., NEVADA BELL INTERNET SERVICES, PACIFIC BELL INTERNET SERVICES, SNET DIVERSIFIED GROUP, INC. and SOUTHWESTERN BELL INTERNET SERVICES, INC.
BY YOUR USE OF THE DSL INTERNET ACCESS PRODUCT PROVIDED HEREUNDER, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE NOTIFY US THAT YOU WISH TO TERMINATE THE SERVICE. TO TERMINATE, CONTACT THE SBC INTERNET SERVICE COMPANY IN YOUR AREA:
- SBC Ameritech ADSL Order Center: 800-910-4369
- SBC Nevada Bell ADSL Order Center: 1-775-323-2DSL or 1-775-323-2375
- SBC Pacific Bell ADSL Order Center: 1-888-884-2DSL or 1-888-884-2375
- SBC SNET ADSL Order Center: 1-877-999-9375
- SBC Southwestern Bell ADSL Order Center: 1-888-792-3751 or 1-888-SWB-DSL1
- SBC SDSL/IDSL Order Center 1-800-699-4439
This Agreement is between the SBC Internet Services company that provides service in your area (AMERITECH.INTERACTIVE MEDIA SERVICES, INC., NEVADA BELL INTERNET SERVICES, PACIFIC BELL INTERNET SERVICES, SNET DIVERSIFIED GROUP, INC. and SOUTHWESTERN BELL INTERNET SERVICES, INC. (collectively "SBCIS")) and the participant ("you" or "your"). This Agreement sets forth the terms and conditions under which you agree to use SBCIS's DSL Internet Access Service ("Service(s)"). DSL, or digital subscriber line, means Asymmetrical Digital Subscriber Line ("ADSL"), Symmetrical Digital Subscriber Line ("SDSL") or ISDN Digital Subscriber Line ("IDSL") (collectively, "DSL"), depending on the particular service ordered by you at the time you placed your order for Service. Unless otherwise provided, the terms and conditions for the equipment used in association with this Service are those terms and conditions provided by the equipment manufacturer.
The term of this Agreement will be for the period of time specified in the offer you selected and agreed to at the time you placed your order for Service. This period of time is typically one (1) year, although some promotional offers may have term agreements for longer periods of time. At the end of the term, the Service shall convert to month-to-month. In the absence of a specified term, the term will be month to month.
- Commencing on the date on which Service is installed, you will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, you will pay the current charges for such Service and equipment, including installation charges and shipping and handling charges (if applicable) upon commencement of billing. Billing will begin when we have activated your DSL Internet Service on our network whether or not you have completed self-installation or actually use the DSL Internet Service. The terms, conditions, and charges for the Service and equipment may be periodically modified, and you will be notified in the event of any changes. After notification of a modification, your continued use of the Service and equipment constitutes an affirmative agreement to be bound by such new terms, conditions, and charges.
- The Service shall continue until such time as you provide SBCIS with notice that you wish to discontinue the Service, or Service is terminated and/or canceled by SBCIS, as set forth herein.
- SBCIS reserves the right to modify or discontinue the Service with or without notice to you.
- Service is offered by SBCIS via a line sharing arrangement over a retail telephone line provided by an SBC Telephone Company (Pacific Bell Telephone Company, Nevada Bell Telephone Company, Southwestern Bell Telephone Company, your local SBC Ameritech telephone company, or the Southern New England Telephone Company). If you change your provider of telephone service and an SBC Telephone Company is no longer providing your telephone service, SBCIS will no longer be able to provide Service on a line shared basis and therefore the Service will be disconnected, this Agreement will automatically terminate and termination charges will apply.
- Some SDSL and IDSL Service sold to you by SBCIS is provided by other companies. SBCIS remains responsible for providing the Service to you. If you change your provider of telephone service so that an SBC Telephone Company is no longer providing you any service, this Agreement for SDSL or IDSL Service will terminate at SBCIS's option and termination charges will apply.
You agree to pay all fees and charges specified when you ordered your Service, including recurring and nonrecurring charges for Internet Access and the associated equipment.
- For all Service charges, including installation charges if applicable, SBCIS will bill you on your monthly SBC Telephone Company bill. Except for the first month's recurring charge, the installation charge and the charges for equipment (including shipping, handling and taxes), which are billed after service commences, monthly recurring charges are billed in advance of Service. If any portion of payment is received after the late payment date, a monthly late charge may be charged to you. The monthly late charge will be the lower of: i) 1.5%; or ii) the highest amount allowed by law, applied to the entire outstanding balance for each month or portion thereof for which the balance remains.
- In the event you fail to pay charges billed on your monthly telephone bill, or your SBC Telephone Company is unable to bill you, SBCIS reserves the right to bill outstanding sums to your credit card or to bill you directly. SBCIS may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse SBCIS for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
- Your basic telephone services -- such as Measured Business service or Residential service ---will not be disconnected for nonpayment of charges for SBCIS Services. However, SBCIS may suspend or discontinue the SBCIS Service if charges are not paid.
- You are responsible for purchase and payment of tariffed network services (transport) needed for use of the Service. Any long distance, measured service or toll charges incurred by you to dial into the Service during your use of the Service shall be your sole responsibility.
- The connection from the Service to the Internet may be provided by a Global Service Provider (GSP), depending upon the state in which you have the Service. The GSP sets the price for the GSP Service, and establishes the terms and conditions for use of the GSP Service. The GSP's charges are included in the monthly Service charges you were provided when you signed up for the service, but will appear as a separate line item on your bill. The GSP is not affiliated with SBCIS. Your GSP is Digex Inc., IBM, Sprint, Williams, or Covad Communications, depending on the Service you order and where you have service.
- PROVISION OF SERVICE
You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You further understand and agree that SBCIS has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of SBCIS.
- LIMITATION OF LIABILITY
- SBCIS will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to you. Under no circumstances shall SBCIS be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services.
- Any Software provided hereunder is provided on an as-is basis. SBCIS makes no express or implied warranties (including those of merchantability or fitness for a particular purpose) with respect to the Software provided.
- SBC's liability for damages, including but not limited to damages in regards to interruptions of Service, for mistakes, omissions, delays, errors and defects in the provision of the Service, shall in no event exceed an amount equal to the pro-rata charges to you for the period during which the Service is affected.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SBCIS HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- SBCIS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SBCIS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. FURTHERMORE, SBCIS PROVIDES NO GUARANTEE WITH REGARD TO THROUGHPUT SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
- SBCIS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTION ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
- You agree to indemnify and save SBCIS harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Service, except to the extent that such Liabilities arise from the intentional misconduct of SBCIS.
- You agree to indemnify SBCIS, its parent, affiliates and subsidiaries, in the event that your use of the Service and/or Software; (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (iv) interferes with other customers' use or enjoyment of the Services provided by SBCIS.
You are solely responsible for provisioning, configuration and maintenance of all equipment on your premises, including, without limitation, computers, modems and other communications equipment. SBCIS shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment.
- CUSTOMER SUPPORT
- Basic ADSL Internet Access, as applicable, is a single IP Service intended for use by a single user. You shall not use the Service in a manner that is inconsistent with this intended use. SBCIS will not provide support for the installation or ongoing management of a customer premise router with your Basic DSL Internet service. Primary and Secondary Domain Name Service is not provided as part of the Basic DSL Internet Access Service.
- Enhanced ADSL Internet Access, SDSL Service and IDSL Service, as applicable, are multiple IP services intended for use with single or multi-stations. You shall not use any Service in a manner that is inconsistent with this intended use. SBCIS will not be responsible for providing assistance in the configuration of your LAN and will not support the installation or ongoing management of a customer premise router with your Enhanced ADSL Internet Access service, your SDSL Service or your IDSL Service.
- You will be responsible for payment of service charges for visits by SBCIS or its subcontractors to your premises when a service request results from causes not attributable to SBCIS or its subcontractors.
- USE LIMITATIONS
- You agree to comply with all Federal and State regulations, the rules, regulations and policies adopted by SBCIS, including but not limited to, SBCIS's Acceptable-Use-Policy- [located at (http://dialup.swbell.net/legal/use.html)], as modified from time to time; and the rules regulations and policies applicable to any network that you access through the Service. Any violation of such rules, regulation and policies, or any network policy document issued by SBCIS, shall be cause for SBCIS to suspend or terminate the Service.
- Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the userID, electronic mail address, Universal Resource Locator, IP Address or domain name used by you in connection with the Service.
- SBCIS reserves the right to suspend or terminate the Service to you, or to suspend or terminate any userID, electronic mail address, Universal Resource Locator or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of SBCIS, its parent, affiliates and subsidiaries; or (v) interferes with other customers' use and enjoyment of the Services provided by SBCIS.
- You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. You further agree to immediately notify SBCIS of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.
- The Service has been designed to be used at the residence or business at which it was installed. You may not allow other residences or businesses to connect to your Service or re-sell your Service in any manner. Such action may be subject to immediate termination and you will be charged termination fees, if applicable.
- FORCE MAJEURE
Neither SBCIS nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. No delay or failure to perform shall be excused under this Section by the acts or omissions of SBCIS' subcontractors, vendors or suppliers unless such acts or omissions are themselves the product of a force majeure condition described in this Section.
- CANCELLATIONS, TERMINATIONS AND ASSIGNMENTS
- In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes SBCIS to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations and orders, SBCIS may suspend or terminate the Service, or terminate this Agreement, without liability. In the event an SBCIS subcontractor for the Service stops providing the Service to SBCIS for any reason, SBCIS shall have forty-five calendar days to arrange for a reasonably comparable service. If SBCIS cannot arrange for reasonably comparable Service either you or SBCIS may thereafter terminate this Agreement without liability.
- You may terminate the Service upon notification to SBCIS by calling the customer service number listed on the first page of this Agreement. You agree that the monthly charge for the month in which Service is terminated shall be forfeit as a Cancellation Charge. In the event of early cancellation of a one year Term Service commitment, you agree to pay an additional Cancellation Charge as follows:
- $200 for ADSL, SDSL and IDSL customers
- If you purchase Service together with an equipment promotion, additional termination charges will apply.
- If you fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if you fail to perform or observe any other material term or condition of this Agreement, or if you provide false or inaccurate information which is required for the provision of the Service or is necessary to allow SBCIS to bill you for the Service, and such condition continues unremedied for thirty days, you shall be in default and SBCIS may suspend or terminate the Service to you.
You may not assign your account on the Service to anyone without the express written consent of SBCIS. Upon reasonable notice, SBCIS may assign its rights and obligation under this Agreement.
- Except as otherwise specified herein, and subject to payment of Cancellation Charges as applicable, this Agreement, and the provision of the Service, may be terminated at any time by either party upon written notice to the other.
- This Agreement shall be construed in accordance with the Laws of the State in which the Service was provided.
- You agree and hereby certify that more than ten percent of the use of the Service is interstate (outside the state) in nature.
- You will provide SBCIS and its subcontractors reasonable access to your premises in order to install, maintain and repair the Service.
- Provisioning of Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities.
- If you have purchased one of the "up to" Services (i.e. Basic or Enhanced Up to 1500), there is no minimum guaranteed speed for the Service. If the Service you have purchased is provided within a range of speed (e,g., between 384 Kbps and 1.5 Mbps downstream x 128 Kbps upstream) Service will be provided at least at the lowest speed within the range. There is no guarantee that the Service will perform at the upper end of the range.
- Additional Features (e.g. Newsgroups, Personal Web Page, Email, etc.) may be provided in addition to the Service. The download and upload speeds offered for these Features are independent of the Service and may vary from the speed offered for the Service. There are no speed guarantees associated with these additional Features.