 |
 |
 |
 |
 |
 |
|
CamConn - Legal PRECISION BUSINESS SOLUTIONS
The terms and conditions in the "GENERAL TERMS AND CONDITIONS" section below are applicable to all Services unless otherwise indicated. We may change our prices, fees, the Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior Notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s), but canceling before the end of the Term, as defined below, requires you to pay certain fees for early termination as explained in greater detail below. However, if you continue to receive Service(s) after the end of the notice period (the "Effective Date") of the change, we will consider that you have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose. GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE OF THIS AGREEMENT You will have accepted this Agreement and be bound by its terms if you use the Services or otherwise indicate your affirmative acceptance of such Services. 2. CHARGES, TERM AND BILLINGS a. Charges, Fees, and Taxes That You Must Pay. You agree to pay all charges associated with the Services, including, but not limited to, activation fees, installation fees, Equipment (as defined below) charges including antenna lease fees, monthly use fees (service fees), service call charges, technical support charges, applicable federal, state, and local taxes (however designated), any fees/charges or billing adjustments passed-through to PBS from PBS' third- party provider of broadband, wi-fi, LAN or other such internet services, and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Services. You agree to pay any regulatory recovery fees which PBS invoices you for municipal, state and federal government fees or assessments imposed on PBS, or any programs in which PBS participates, including, but not limited to, public, educational and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting 911/E911 system. YOU WILL BE RESPONSIBLE FOR PAYING ANY GOVERNMENT IMPOSED FEES AND TAXES OR THIRD-PARTY INTERNET PROVIDER IMPOSED PASS-THROUGH FEES/CHARGES/BILLING ADJUSTMENTS THAT BECOME APPLICABLE RETROACTIVELY. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees or assessments, in which case we may elect not to provide notice except where required by applicable law. Not all fees may apply to all Services. b. Term, Cancellation and Termination Fees. You agree to purchase Services for a minimum term of three (3) years (“Term”) from the date of the Agreement for Service. Your commitment to a three (3) year Term begins on the day we activate your service. You have received benefits, including but not limited to leased equipment from us, in exchange for your agreement to a three (3) year Term. If we terminate your service for nonpayment or other default before the end of the Term, or if you terminate your service for any reason, you agree to pay us with respect to each monthly use fee incurred by you, in addition to all other amounts owed, an early Termination Fee of $200.00, a disconnection of Equipment fee of $50.00 and any fees for which PBS is responsible to pay to any third party operator of Cambria Connected wireless communication system, as an internet service provider of Cambria Connected wireless communication. The Early Termination Fee is not a penalty, but rather a charge to compensate us for your failure to satisfy the Term of the Agreement of Service on which your monthly services fees are based. AFTER THE THREE (3) YEAR TERM EXPIRES, THIS AGREEMENT SHALL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS UNTIL EITHER PARTY GIVE NOTICE PURSUANT TO TERMINATION PROVISION BELOW CONTAINED IN PARAGRAPH 9. Either party may terminate this Agreement at any time after the three (3) year Term ends with thirty (30) days notice to the other party. We may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives, or if we discover that you are underage, or if you fail to make all required payments when due, or if we have reasonable cause to believe that your Equipment is being used for an unlawful purpose or in a way that may adversely affect our service, or if you provided inaccurate credit information or we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit. c. How We Will Bill You. You will generally be billed monthly (subject to (e) below), in advance, for recurring Equipment charges (such as antenna lease fees), monthly use fees (Service fees), service call charges and applicable federal, state, and local taxes and fees. You agree that it is PBS’ policy to send invoices by email to its WIS customers unless PBS’ decides otherwise in its sole discretion, and you agree that all invoices will be sent to you via email to the email address provided to PBS. You also agree that any email sent to you at the email address provided is deemed received when sent, and it is your obligation to notify PBS on or before the 5th day of the subsequent month if you have not received your invoice for the previous month by email. If you change your email address at any time, you are responsible to notify PBS immediately. You are obligated to pay for all charges and fees even if you do not receive an invoice or notice of charges/fees via email regardless of the reason. It is your responsibility to contact PBS to make alternative billing arrangements if you are unable to receive email, which billing arrangements PBS may determine in its sole discretion. IN ADDITION, YOU MUST PAY, ON OR BEFORE THE DAY WE INSTALL ANY OR ALL OF THE SERVICES, THE ACTIVATION FEES, INSTALLATION FEES, EQUIPMENT CHARGES (INCLUDING ANTENNA LEASE FEES), FIRST MONTHLY USE FEE (SERVICE FEE) AND ANY OTHER ADDITIONAL FEES AND CHARGES. Your first bill may include pro-rated charges from the date you first begin receiving Services, as well as monthly recurring charges for the next month, such as Equipment charges (such as antenna lease fees), monthly use fees (Service fees), service call charges, and charges for non-recurring charges for any nonrecurring services you have received. If you make partial payment of any bill, we will apply that payment to the outstanding charges in the amounts and proportions that we determine. However, we do not waive our rights to collect the full balance owed to us by accepting partial payment. d. Third-Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party service providers that are separate and apart from the amounts charged by us. These may include charges resulting from installation of equiptment, accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet or otherwise. You are solely responsible for all charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. You hereby release all claims against PBS and indemnify PBS with respect to PBS' providing any third-party with your credit card or other personal information to the extent that you have provided PBS' authorization to do so e. Payment by Credit Card. You must pay PBS by credit card, unless PBS allows you to make other arrangements for payment at PBS’ sole discretion. By providing your credit card information to PBS, you authorize PBS to automatically charge your credit card every month for fees and charges. If you do not have a credit card, it is your responsibility to contact PBS about other payment arrangements. If you use a credit card to pay for the Services, that use is governed by the card issuer agreement for that card, and you must refer to that agreement for your rights and liabilities as a cardholder. If PBS does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by check when authorized to do so in advance by PBS, you authorize PBS to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by PBS and that any such notations shall have no legal effect. f. Late or Non-Payments: You may be billed fees, charges and assessments related to late payments or non-payments if for any reason (i) PBS does not receive from you any required payment for the Services by the payment due date or (ii) you pay less than the full amount due for the Services. Any late payment beyond thirty (30) days of the due date shall be subject to a charge of eighteen (18%) per annum. You are also responsible to pay for any charges levied by third party banks or credit card companies. g. Fees Not Considered Interest or Penalties: PBS does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges or penalties. Rather, they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment. h. Collection Costs: If we are required to use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include but are not limited to any collection agency's fees, reasonable attorneys' fees, and arbitration or court costs. i. Suspension/Disconnect: If you fail to pay the full amount due for any or all of the Services then PBS, at its sole discretion in accordance with applicable law, may suspend or disconnect any or all the Services you receive. j. Reconnection Fees and Related Charges. Should you wish to resume a Service after any suspension, we may require you to pay a reconnection fee. Should you wish to reinstate any or all Services after disconnection, we may require you to pay an installation fee and/or activation fee. These fees are in addition to all past due charges and other fees. Reconnection of the Services is subject to our credit policies, this Agreement and applicable law. k. Our Right to Make Credit Inquiries. YOU AUTHORIZE PBS TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. l. Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact PBS within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days. 3. REFUNDABLE DEPOSIT We may require you to pay a refundable deposit when you activate the Service. We may also require you to pay a refundable deposit after activation of the Service(s) if you add PBS Equipment and/ or Service(s) or if you fail to pay any amounts when they are due hereunder. If we disconnect your Service(s) or are otherwise required under applicable law to refund the deposit, we shall within forty-five (45) days or as otherwise specified by applicable law return a sum equal to the deposit(s) you paid (without interest unless otherwise required by law) minus any amounts due on your account (including without limitation, any amounts owed for Services or for any PBS Equipment that is damaged, altered, or not returned). 4. CHANGES TO SERVICES We have the right to change our Services, PBS Equipment and rates or charges, at any time with or without notice. We also may rearrange, delete, add to or otherwise change features or offerings contained in the Services, including but not limited to, content, functionality, hours of availability, customer equipment requirements, speed limitations. If we do give you notice, it may be provided on your monthly bill, as a bill insert, in a newspaper or other communication permitted under applicable law. If you find a change in the Services unacceptable, you have the right to cancel your Services. However, if you continue to receive Services for 15 days after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Services. We are not liable for failure to deliver any Services, features or offerings. 5. ACCESS TO YOUR PREMISES You agree to allow us and our agents the right, to enter at reasonable times your property upon which the Services and/or PBS Equipment will be provided (the "Premises"), for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Services and/or PBS Equipment used to receive any of the Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner's name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises. 6. MAINTENANCE AND OWNERSHIP OF EQUIPMENT a. PBS Equipment. All PBS equipment belongs to us or other third parties and will not be deemed fixtures or in any way part of your Premises. PBS Equipment includes all new or reconditioned equipment installed, provided or leased to you by us or our agents, including but not limited to, exterior and/or interior antennas, interface boxes, cabling or wiring and related electronic devices, and any other hardware and all software or "downloads" to PBS Equipment. You agree to use PBS Equipment only for the Services pursuant to this Agreement. We may remove or change the PBS Equipment at our discretion at any time the Services are active or following the termination of your Service(s). You agree to allow us access to the Premises for these purposes. You may not sell, lease, abandon or give away the PBS Equipment, or permit any other provider of data to use the PBS Equipment. The PBS Equipment may only be used in the Premises. At your request, we may relocate the PBS Equipment in the Premises for an additional charge, at a time agreeable to you and us. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE PBS EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than PBS employees or agents to service the PBS Equipment. We suggest that the PBS Equipment in your possession be covered by your homeowners, renters, or other insurance. You will be directly responsible for loss, theft, repair, replacement and other costs, damages, fees and charges if you do not return the PBS Equipment to us in an undamaged condition. PBS is not responsible for maintenance, repair or replacement of any PBS Equipment except that PBS in its sole discretion, and at its cost, may maintain, repair or replace PBS Equipment if the Equipment suffers from ordinary wear and tear or does not function due a reason other than damage caused by you, another person, weather or an act of god. b. Customer Equipment. PBS has no responsibility for the operation or support, maintenance or repair of any equipment, software or services (the "Customer Equipment") that you elect to use in connection with the Services or PBS Equipment. c. Non-Recommended Configurations: Customer Equipment which does not meet basic or optimal compatibility requirements for wireless internet access, constitutes a "Non-Recommended Configuration." NEITHER PBS NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR PBS EQUIPMENT. NEITHER PBS NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. PBS reserves the right to deny you customer support for the Services and/or terminate Service(s) if you use a Non-Recommended Configuration. d. No Unauthorized Devices or Tampering: You agree not to attach any unauthorized device to PBS Equipment or the Services. If you make any unauthorized connection or modification to PBS Equipment or the Services, we may terminate your Service and recover such damages as may result from your actions. Unless expressly authorized by us, you agree not to install anything to intercept or receive any of the Services offered or to assist any person in intercepting or receiving any of the Services offered. You also agree that you will not attach anything to PBS Equipment, Customer Equipment or wiring, whether installed by you or us, which singly or together impairs the integrity of our Services or degrades our signal quality or strength or creates signal leakage with respect to our Services. You hereby agree that we may recover damages from you for tampering with any PBS Equipment or any other part of our Services or for receiving unauthorized Service(s). You agree that it would be difficult if not impossible to calculate precisely the lost revenue resulting from your receipt of unauthorized Service(s) or the alteration or improper use of PBS Equipment. You therefore agree to pay us as liquidated damages, the sum of $500.00 per device used to receive the unauthorized Services in addition to our cost to replace any altered, damaged or unreturned PBS Equipment or other equipment owned by PBS, including any incidental costs. The unauthorized reception of the Services may also result in criminal fines and/or imprisonment. 7. USE OF SERVICES You agree that the Services and the PBS Equipment will be used (1) only by you and the members of your immediate household living with you at the same address or (2) only by your business and employees and only for legal purposes. You will not use the PBS Equipment at any time at an address other than the Premises without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Services in whole or in part. You will not use or permit another to use the PBS Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted PBS policy applicable to the Services. Use of the PBS Equipment or Services for transmission, communications or storage of any information, data or material in violation of any U.S. federal, state or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons or entities who use the PBS Equipment and/or Services and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable PBS policies including, but not limited to, acceptable use and privacy policies. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Services. You agree to indemnify, defend and hold harmless PBS and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) arising out of the use of the Services, the PBS Equipment and/or the Customer Equipment or the breach of this Agreement or any of the applicable PBS policies by you or any other user. a. Acceptable Use Policy (“AUP”). This Policy, along with CONXX’s (PBS’ third party wireless internet provider) AUP policy found at www.conxx.com/customers/accept_use.html (which is incorporated into these General Terms and Conditions), outlines acceptable use of the PBS Services and Equipment, as well as permissible and prohibited conduct for using the Service to access the Internet. It is the responsibility of all PBS customers and all others who have access to PBS's Services ("customer," "you," or "your"), to comply with this AUP, with CONXX’s AUP (found at www.conxx.com/customers/accept_use.html) and with all PBS use-related policies, which collectively shall be referred to as “AUP” or as “the AUP” in these General Terms and Conditions. As a Service customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other PBS policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies including the AUP, you must immediately stop use of the Services and notify PBS so that your account may be closed. PBS reserves the right to immediately terminate the Services and the Agreement for Service if you engage in any of the prohibited activities listed in this AUP or if you use the PBS Equipment or Service in a way which is contrary to any PBS policies or any of PBS's suppliers' policies. You must strictly adhere to any policy set forth by another service provider accessed through the WIS Service. Prohibited uses include, but are not limited to, using the Services, Customer Equipment, or the PBS Equipment to: i. undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation; ii. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; iii. access any other person's computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts; iv. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited; v. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner; vi. copy, distribute, or sublicense any software provided in connection with the WIS Services by PBS or any third party, except that you may make one copy of each software program for back-up purposes only; vii. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Services, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information; viii. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Services or any PBS (or PBS supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any PBS (or PBS supplier) facilities used to deliver the WIS Services; ix. resell the Services or otherwise make available to anyone outside the Premises the ability to use the Services, in whole or in part, directly or indirectly, or on a bundled or unbundled basis. The Services are for personal and non-commercial use only and you agree not to use the Services for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a non-PBS local area network or wide area network; x. connect multiple computers to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy; xi. transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; xii. send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service; xiii. distribute programs that remove locks or time-outs built into software (cracks); xiv. run programs, equipment, or servers from the Premises that provide network content or any other services to anyone outside of your Premises LAN (Local Area Network), also commonly referred to as public services or servers. Examples of prohibited services and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers; xv. initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme; xvi. participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity; xvii. collect responses from unsolicited messages; xviii. impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity; xix. service, alter, modify, or tamper with the PBS Equipment or Services or permit any other person to do the same who is not authorized by PBS; xx. connect the PBS Equipment to any computer outside of your Premises; xxi. collect, or attempt to collect, personal information about third parties without their consent; xxii. interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host; and xxiii. violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access. b. Security. You are responsible for any misuse of the Services, even if the misuse was committed by a friend, family member, or guest with access to your Services account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Services by, for example, strictly maintaining the confidentiality of any login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Services, including any data stored or shared on that device. PBS recommends against enabling file or printer sharing unless you do so in strict compliance with all security recommendations and features provided by PBS, if requested, or the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate. c. Inappropriate Content and Transmissions. PBS reserves the right, but not the obligation, to cancel Services or otherwise refuse to transmit or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither PBS nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features). However, PBS and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to take any means necessary to stop their transmission. d. Electronic Mail. The WIS Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail may not direct the recipient to any Web site or other resource that uses the Services. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering, or removing electronic mail headers is prohibited. You may not reference PBS or the PBS network (or suppliers’ network) (e.g. by including "Organization: PBS," “Organization: CONXX, ” “Organization: Cambria Connected,” or “Organization: Cambria County” in the header or by using an IP address that belongs to PBS or the PBS network) in any unsolicited e-mail even if that e-mail is not sent through the PBS network or WIS Service. PBS is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. PBS is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. In the event that PBS believes in its sole discretion that any subscriber name, account name, or e-mail address (collectively, an "identifier") may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, PBS (i) reserves cancel the Customer’s Services account and/or (ii) may at any time require any Customer to change his or her identifier. e. Newsgroups. Messages posted to newsgroups must comply with the written charters for those newsgroups as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. f. Instant Messages and Video Messages. Customers alone are responsible for the contents of their instant messages and video messages and the consequences of any such messages. PBS assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages or video messages. g. Personal Web Pages. You are solely responsible for any information that you or others publish or store on the Personal Web Pages. You must ensure that the intended recipient of any content made available through Personal Web Pages is appropriate. PBS reserves the right to deny Services, if customer posts materials or information, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether this material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this Policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings. PBS may terminate your Services if we determine that you have violated the terms of this Policy. h. Network, Bandwidth, Data Storage and Other Limitations. You shall ensure that your use of the WIS Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Services, nor represent (in the sole judgment of PBS) an overly large burden on PBS’s (or its suppliers’) network. In addition, you shall ensure that your use of the WIS Services does not restrict, inhibit, interfere with, disrupt, degrade, or impede PBS's ability to deliver and provide the WIS Service and monitor the WIS Service, backbone, network nodes, and/or other network services. You further agree to comply with all PBS (or its suppliers) network and radio signal. You shall ensure that your radio signal consumption using the WIS Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the WIS Service results in the consumption of radio signal in excess of the applicable limitations, that is a violation of this Policy. In such cases, PBS may, in its sole discretion, terminate or suspend your Services account. i. Prohibited Uses of WIS. You agree not to use PBS’s WIS Service for operation as an Internet service provider, a server site for ftp, telnet, rlogin, e-mail hosting, "Web hosting" or other similar applications, for any business enterprise, or as an end-point on a non-PBS local area network or wide area network. You agree to indemnify, defend and hold harmless PBS and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) arising out of any breach of this Section including, but not limited to, any claims based on or arising out of any material violation of any applicable law. j. Copyright Infringement. PBS is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Services to comply with these laws. Accordingly, you may not disseminate any material or content over, the WIS Service (or any part of the Services) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is PBS's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Services provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who PBS believes in its sole discretion is infringing these rights. PBS may terminate the Services at any time with or without notice for any affected customer or user. k. Violation of Acceptable Use Policy. PBS does not routinely monitor the activity of Services accounts for violation of this AUP. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although PBS has no obligation to monitor the Services and/or the WIS network, PBS and its suppliers reserve the right at any time to monitor radio signal, usage, transmissions, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network, the Services and PBS users. If the PBS Services are used in a way that PBS or its suppliers, in their sole discretion, believe violate this AUP, PBS or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Neither PBS nor its affiliates, suppliers, or agents will have any liability for any these responsive actions. These actions are not PBS's exclusive remedies and PBS may take any other legal or technical action it deems appropriate. PBS reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on PBS's servers and network. During an investigation, PBS may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize PBS and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. This cooperation may include PBS providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, PBS is authorized to delete any files, programs, data and e-mail messages associated with your account. The failure of PBS or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless PBS and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in this AUP or resulting from your violation of the AUP or any other PBS policy related to the Service. Your indemnification will survive any termination of the Agreement for Service. You further agree that PBS may modify the AUP or other policies from time to time. Notwithstanding anything to the contrary in this Agreement, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS OF THE AUP AND ANY OTHER APPLICABLE PBS POLICIES MAY BE PUT INTO EFFECT OR REVISED FROM TIME TO TIME WITHOUT NOTICE BY POSTING A NEW VERSION OF THE AUP OR POLICY AS SET FORTH ABOVE. YOU AND OTHER USERS OF THE SERVICE SHOULD CONSULT THE AUP AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST RECENT VERSION. 8. ASSIGNABILITY This Agreement and the Services furnished hereunder may not be assigned by you. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may freely assign our rights and obligations under this Agreement with or without notice to you. 9. TERMINATION OF THIS AGREEMENT a. Term. As stated in Paragraph 2(b) of this Agreement, this Agreement will be in effect from the time we activate your service, and the duration of this Agreement is three (3) years from that date. If the Agreement is not cancelled or terminated at the expiration of the three (3) year Term, it will renew on a month-to-month basis with all Terms and Conditions applying except for any increases in fees or charges. The Agreement may be cancelled (i) prior to the end of the three (3) year term under this Paragraph 9, but in such case you will be, in addition to all other amounts owed, responsible to pay an early Termination Fee of $200.00, a disconnection of Equipment fee of $50.00 and any fees for which PBS is responsible to pay to any of PBS’s third party operators or suppliers of wireless internet access; (ii) at the expiration of the end of three (3) year Term as provided for by this Agreement; or (iii) by replacement by a new Agreement after the expiration of the (3) year Term. b. Termination by You. You may terminate this Agreement, upon thirty (30) days notice as provided in Paragraph 2(b), by notifying PBS in one of two ways: (i) send a written notice to the postal address of your local PBS business office; or (ii) call our office during normal business hours. Subject to applicable law or the terms of any agreements with governmental authorities, all applicable fees and charges will accrue until this Agreement has terminated, the Services have been disconnected, and all PBS Equipment has been returned. We will refund all prepaid fees charged for Services after the date of termination (less any outstanding amounts due PBS for the Services, affiliate services, PBS Equipment, or other applicable fees and charges including those listed in Paragraph 2(b)). c. Suspension and Termination by PBS. Under the conditions listed below, PBS reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information transmitted by or to any authorized users (e.g., email). PBS may take these actions if it: (i) determines that such use or information does not conform with the requirements set forth in this Agreement, (ii) determines that such use or information interferes with PBS's ability to provide the Services to you or others, (iii) reasonably believes that such use or information may violate any laws, regulations, or written and electronic instructions for use, or (iv) reasonably believes that such use or information interferes with or endangers the health and/or safety of our personnel or third parties. PBS's action or inaction under this Section shall not constitute review or approval of your or any other users' use of the Services or information transmitted by or to you or users. d. Your Obligations upon Termination. You agree that upon termination of this Agreement you will do the following: (i) You will immediately cease all use of the Services and all PBS Equipment; (ii) You will pay in full all charges or fees that are due for termination or for your use of the Services up to the date that this Agreement has been terminated and the Services are disconnected; and (iii) Within ten (10) days of the date on which Services are disconnected, you will return all PBS Equipment to us at our local business office or to our designee in working order, normal wear and tear excepted. Otherwise, you will be charged the amount set forth in the current pricing lists for such PBS Equipment, or the revised amount for which you receive notice; if no amount has been specified for the particular model of PBS Equipment, you will be charged the retail price for a new replacement. You may also be charged incidental costs that we incur in replacing the PBS Equipment. Upon our request, you will permit us and our employees, agents, contractors, and representatives to access the Premises during regular business hours to remove the PBS Equipment and other material provided by PBS. We will conduct this removal at a time agreed on by you and us, and you will ensure that all PBS Equipment is returned to PBS. 10. LIMITED WARRANTY THE PBS EQUIPMENT AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT THE PBS EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. 11. LIMITATION OF PBS'S LIABILITY a. Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of PBS and its underlying third-party service providers, agents and suppliers (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine. b. Customer Equipment. CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, AND REMOVAL OF PBS EQUIPMENT AND THE SERVICES. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PBS NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY PBS, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS, WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY. c. For WIS Customers. YOU UNDERSTAND THAT YOUR COMPUTER OR OTHER DEVICES MAY NEED TO BE OPENED, ACCESSED OR USED EITHER BY YOU OR BY US OR OUR AGENTS, IN CONNECTION WITH THE INSTALLATION OR REPAIR OF WIS. THE OPENING, ACCESSING OR USE OF YOUR COMPUTER OR OTHER DEVICES USED IN CONNECTION WITH YOUR COMPUTER MAY VOID WARRANTIES PROVIDED BY THE COMPUTER OR DEVICE MANUFACTURER OR OTHER PARTIES RELATING TO THE COMPUTER'S OR DEVICE'S HARDWARE OR SOFTWARE. NEITHER PBS NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. d. Other Services or Equipment. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST PBS FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE PBS EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH SECTION 9. e. Software. When you use certain features of the Services, you may require special software or applications, PBS makes no representation or warranty that any software or application installed on Customer Equipment, whether by PBS or the Customer, does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Services if a virus or other harmful feature or software is found to be present on your Customer Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Customer Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your Customer Equipment. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT. In addition, as part of the installation and/or provision of the Services, system files on your Customer Equipment may be modified. PBS does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. PBS does not represent, warrant, or covenant that the installation of the special software or applications or access to PBS’s WIS will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer(s). FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA. f. Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment ("High Risk Activities"). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any transmission; loss of use of utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. In all other cases an interruption of the Services, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically otherwise provided by law, such credit shall not exceed the service use fees for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, activation fees, installation fees, Equipment lease fees, per call charges for support, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES. Any credits provided by PBS are at our sole discretion and in no event shall constitute or be construed as a course of conduct by PBS. g. Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Services, including without limitation their services, equipment, infrastructure or content. PBS is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure or content, whether or not they constitute components of the Services. PBS shall not be bound by any undertaking, representation or warranty made by an agent or employee of PBS or of our underlying third-party providers and suppliers in connection with the installation, maintenance or provision of the Services, if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. In addition, you understand that you will have access to the services and content of third parties through the Service(s), including without limitation that of content providers (whether or not accessible directly from the Service). PBS is not responsible for any services, equipment, infrastructure and content that are not provided by us (even if they are components of the Service), and we shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the creators of such services, equipment, infrastructure and content. We do not endorse or warrant any third-party products, services or content that are distributed or advertised over the Services. h. Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, BUSINESS INTERRUPTION OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE PBS EQUIPMENT OR THE SERVICES OR (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICES (INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION OR FAILURE OF PERFORMANCE OF THE SERVICE, THE PBS EQUIPMENT OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL OR OTHER INFORMATION OR DATA); OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE PBS EQUIPMENT OR THE SERVICES BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. i. Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination. 12. INDEMNIFICATION AND LIABILITY OF CUSTOMER YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PBS AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) YOUR USE OR ACCEPTANCE OF THE SERVICES OR PBS EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OR ACCEPTANCE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (iii) ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF 911/E911 OR DIALING ASSOCIATED WITH A HOME SECURITY, HOME DETENTION OR MEDICAL MONITORING SYSTEM; AND (iv) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT. 13. GENERAL a. Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement, and they replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If PBS fails to insist upon or enforce strict performance of any provision of this Agreement, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. b. Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that: i. Age: You are at least 18 years of age. ii. Customer Information: During the term of this Agreement, you have provided and will provide to PBS information that is accurate, complete and current, including without limitation your legal name, address, telephone number(s), the number of computers on which the WIS Service is being accessed and payment data (including without limitation information provided when authorizing recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. If you fail to provide and maintain accurate information, you will breach this Agreement. iii. Information Provided to Third Parties. PBS is not responsible for any information provided by you to third parties. You assume all privacy, security and other risks associated with providing or personally identifiable information to third parties via the WIS Service. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties. iv. Revocable License. The Services and PBS Equipment, including but not limited to any firmware or software embedded in the PBS Equipment or used to provide the Services, are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the PBS Equipment or used to provide the Services. You expressly agree that you will use the PBS Equipment exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. v. Protection of PBS's Information and Marks. All Service information, documents, and materials on our Web sites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All Web sites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "marks") of PBS and its affiliates are and shall remain the exclusive property of PBS. Nothing in this Agreement shall grant you the right or license to use any of the marks. vi. Export Laws. You expressly agree to comply with all applicable export and re-export laws, including but not limited to the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Services in any way that violates any provision of these export and re-export laws or their implementing regulations. vii. Retention of Rights. Nothing contained in this Agreement shall be construed to limit PBS's rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, PBS and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on PBS's or its suppliers' servers or systems. In addition, you may forfeit your account user name provided by PBS. 14. NOTICE METHOD FOR CHANGES TO THIS AGREEMENT We will provide you notice of changes to this Agreement consistent with applicable law. The notice may be provided on your monthly bill, as a bill insert, in a newspaper, by e-mail, or by other permitted communication. If you find the change unacceptable, you have the right to cancel your Services subject to this Agreement. However, if you continue to receive Services after the change, we will consider this your acceptance of the change. You agree that any one of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. Because we may from time to time notify you about important information regarding the Services and this Agreement by these methods, you agree to regularly check your postal mail, bill inserts and e-mail. 15. ADDITIONAL PROVISIONS APPLICABLE TO WIS SERVICE a. INTELLECTUAL PROPERTY RIGHTS i. End User Licenses. You agree to comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with WIS. All such agreements are incorporated in this Agreement by reference. When this Agreement terminates, all end user licenses also terminate; you agree to destroy at that time all versions and copies of all software received by you in connection with WIS. ii. Ownership of Addresses. You acknowledge that use of PBS’s WIS does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including but not limited to Internet Protocol ("IP") addresses, e-mail addresses and Web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. iii. Authorization. PBS does not claim any ownership of any material that you publish, transmit or distribute using WIS. By using WIS to transmit or distribute material or content, you (i) warrant that the material or content complies with the provisions of this Agreement, (ii) consent to and authorize PBS, its agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (iii) warrant that you have the right to provide this authorization. You acknowledge that material transmitted using WIS may be copied, republished or distributed by third parties, and you agree to indemnify, defend and hold harmless PBS, its agents, suppliers, and affiliates for any harm resulting from these actions. iv. Material Downloaded through WIS. In addition to any content that may be provided by us, you may access material through WIS that is not owned by PBS. Specific terms and conditions may apply to your use of any content or material made available through WIS that is not owned by PBS. You should read those terms and conditions to learn how they apply to you and your use of any non-PBS content. b. IP ADDRESSES i. PBS will provide you with dynamic Internet protocol ("IP") address(es) as a component of WIS, and these IP address(es) can and do change over time. You will not alter, modify, or tamper with dynamic IP address(es) assigned to you or any other customer. You agree not to use a dynamic domain name server or DNS to associate a host name with the dynamic IP address(es) for any commercial purpose. You also agree not to use any software that provides for static IP address(es) on or in conjunction with any computer(s) or network device connected to WIS. If applicable, PBS will release and/or recover the dynamic IP address(es) when the Service or this Agreement is disconnected, discontinued, or terminated. c. ADDITIONAL LIMITATIONS ON PBS'S LIABILITY FOR WIS i. Responsibility for Content. You acknowledge that there is some content and material on the Internet or otherwise available through WIS which may be offensive to some individuals, may be unsuitable for children, may violate federal, state or local laws, rules or regulations or may violate your protected rights or those of others. We assume no responsibility for this content or material. Anyone who accesses such content and material does so at his or her own risk. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. Questions or complaints regarding content or material should be addressed to the content or material provider. You acknowledge that software programs are commercially available that claim to be able to restrict access to sexually explicit or other objectionable material on the Internet. We make no representation or warranty regarding the effectiveness of such programs. ii. Monitoring of Postings and Transmissions. PBS shall have no obligation to monitor postings or transmissions made in connection with WIS. However, you acknowledge and agree that PBS and its agents have the right to monitor, from time to time, any such postings and transmissions, including without limitation e-mail, newsgroups, chat, IP audio and video, and Web space content. PBS may also use and disclose them in accordance with the PBS Acceptable Use Policy and other applicable policies, and as otherwise required by law or government request. We reserve the right to refuse to upload, post, publish, transmit or store any information or materials, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of this Agreement. iii. Eavesdropping. Our facilities are used by numerous persons or entities including, without limitation, other subscribers to WIS. As a result, there is a risk that you could be subject to "eavesdropping." This means that other persons or entities may be able to access and/or monitor your use of WIS. This risk of eavesdropping exists not only with our facilities, but also on the Internet and other services to which access is provided as a part of WIS. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU. You acknowledge that software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warranty regarding the effectiveness of these programs. iv. FTP/HTTP Service Setup. You acknowledge that when using WIS there are certain applications such as FTP (File Transfer Protocol) or HTTP (Hyper Text Transfer Protocol) which may be used by other persons or entities to gain access to Customer's Equipment. You are solely responsible for the security of the Customer Equipment or any other equipment you choose to use in connection with the Service, including without limitation any data stored on such equipment. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO THE CUSTOMER EQUIPMENT OR OTHER EQUIPMENT OF YOURS. v. File and Print Sharing. WIS may function in some ways as a Local Area Network (LAN) with each Customer constituting a node on the network. As such, users outside of the Premises may be able to access the Customer Equipment and other equipment connected in some way to the Customer Equipment. In addition, some available software includes capabilities that will permit other users to gain access to the Customer Equipment and other equipment connected in some way to the Customer Equipment, and to the software, files and data stored on such equipment. Unless you are subject to a WIS service plan that expressly provides otherwise, we recommend that you connect only a single computer to WIS and that you disable file and print sharing and other capabilities that allow outside users to gain access to the Customer Equipment. You acknowledge that if you fail to follow these recommendations and choose to run these applications, you should take appropriate security measures, and that you do so at your sole risk. NEITHER PBS NOR ITS AFFILIATES, SUPPLIERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATING TO ACCESS BY OTHERS OF THE CUSTOMER EQUIPMENT OR ANY OTHER EQUIPMENT CONNECTED IN SOME WAY TO THE CUSTOMER EQUIPMENT, OR TO THE SOFTWARE, FILES AND DATA STORED ON SUCH EQUIPMENT. vi. Facilities Allocation. PBS reserves the right to determine, in its discretion, and on an ongoing basis, the nature and extent of its facilities allocated to support WIS, including, but not limited to, the amount of bandwidth to be utilized and delivered in conjunction with WIS. vii. Cookies. You acknowledge that accessing certain Web sites through WIS may result in a "cookie" being placed on your computer system. Cookies are small files stored on a computer's hard drive to simplify and improve a user's Web experience. If you don't want them placed on your computer system, it is your responsibility to disable or restrict the placement of cookies through whatever procedures are available on your browser.
16. MISCELLANEOUS a. Third Party Rights and Binding Effect. This Agreement is not intended to give and does not give any rights or remedies to any person other than you and PBS. This Agreement shall be binding upon you and PBS, and your and our heirs, successors and assigns. b. Headings. The headings in this Agreement have been used only for convenience and constitute no part of this Agreement and should not be used to contradict or modify the terms of this Agreement. c. Modification. Consistent with the terms of this Agreement, we may change our prices, fees, the Services and/or the terms and conditions of this Agreement at any time. d. Interpretation and Place of Dispute Resolution. This Agreement is interpreted in accordance with the laws of the Commonwealth of Pennsylvania and, to the extent applicable, the United States Government. Any lawsuit or dispute related to this Agreement must be filed in the state and federal courts of Cambria County, Pennsylvania. f. Entire Agreement. This Agreement constitutes and contains the entire Agreement and understanding between you and PBS and supersedes any and all other prior negotiations, representations and agreements. |