Terms and Conditions: Internet
This agreement applies to business clients only. Non-business customers should visit www.eatel.com/policies to access EATEL’s non-business policies.
For business customers, internet is sometimes referred to as “data,” “high speed internet,” or “metro ethernet.” All of these products are subject to the following terms and conditions.
This agreement supplements the “Master Service Agreement for Business Services” and the “Terms and Conditions: General” for those Clients receiving access to internet services. Clients who contract for business services should reference http://www.eatel.com/policies for all applicable policies.
The terms contained herein apply in addition to the terms provided in the “Master Service Agreement for Business Services” and the “Terms and Conditions: General.” Where there is a conflict between the “Master Service Agreement for Business Services” and this specific set of terms specific to internet services, this document prevails. Where there is a conflict between the general terms set forth at www.eatelbusiness.com/privacy-policy including the terms set forth in the “Terms and Conditions: General” document, the internet-specific terms set forth below prevail.
All internet services provided pursuant to this Agreement are subject to the Internet Terms and Conditions found at www.eatelbusiness.com/privacy-policy or http://www.viscom.net/internet-terms and the Privacy and Spamming Policies located at www.eatelbusiness.com/privacy-policy and www.eatelbusiness.com/spam-policy, respectively, and www.viscom.net for Vision Communications, as amended or updated from time to time.
Client agrees to pay applicable fees and charges tariffed or as specified online at www.eatelbusiness.com for EATEL and www.viscom.net for Vision Communications. Such information may also be obtained by calling Customer Service for EATEL at 225-621-4300 or 1-800-621-4211 or for Vision Communications at 985-693-0123 or 1-800-256-5665.
Client may not resell or give-away access to Provider internet services. This includes, but is not limited to, online access, Web storage, email, newsgroups, etc.
Provider reserves the right to disconnect users who have or create excessive usage.
Unless otherwise noted in MSA, Client is responsible for all hardware and software necessary to connect to Provider. PROVIDER IS NOT RESPONSIBLE IN ANY REGARD FOR DAMAGE CAUSED DIRECTLY OR INDIRECTLY TO SUCH HARDWARE OR SOFTWARE.
Client is responsible for all use of Client’s account(s) and confidentiality of password(s).
Provider will suspend access or change access to Client’s accounts immediately upon the notifications by Client that his or her password has been lost, stolen, or otherwise compromised.
Provider’s websites are not directed at, or intended for use by children under the age of thirteen (13). Provider does not knowingly allow anyone under eighteen (18) to provide any personal information to Provider’s website. Children should always get permission from a parent or guardian before sending personal information over the Internet. If Client believes Client’s child may have provided us with personal information, Client may contact Provider at 866-712-3422 and Provider will delete the information. Client can find more information about protecting children's privacy by contacting the Federal Trade Commission (FTC) or by viewing its website at http://www.ftc.gov.
Information available on Provider’s internet services is property of Provider or its information providers. Client shall not redistribute or commercially exploit such information to any third party without the express written permission of its owner(s).
Information providers have the right to assert and enforce such copyright provisions directly on their own behalf.
Client submitting information on Provider’s internet services grants Provider the non-exclusive permission to distribute the information product worldwide. Client retains all rights Client may have for such information.
Any licensed software provided by Provider at no charge to the Client for Internet access and/or navigation will be revoked upon disconnection of Provider’s internet services.
Client acknowledges and agrees to comply in all respects with applicable copyright law.
The Walt Disney Company and its affiliated company content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN, Movies.com, SOAPNet or any other Disney Company)(“Disney Content”) shall not be edited, transmitted, distributed, reproduced or modified in any part or copied onto any media, except that the Subscriber may download one copy of the Disney Content on a single computer for the Subscriber’s personal, noncommercial home use only, provided that (i) the Subscriber keeps intact all copyright and other proprietary notices, (ii) the Subscriber makes no modifications to the Disney Content, (iii) the Subscriber does not use the Disney Content in a manner that suggests an association with any of Disney’s products, service or brands. Subscriber agrees that The Walt Disney Company, its subsidiary, and affiliated companies, and each of their respective officers, directors, employees, agents and assigns will not be held liable for any delays, inaccuracies, errors, or omissions in the Disney Content or in the transmission or delivery of all or any part of the Disney Content, or for any damages arising from any of the foregoing.
USE OF THIS SERVICE IS UNDERTAKEN SOLELY AT CLIENT’S OWN RISK.
Information, products and services offered through the internet are offered by third parties that are not affiliated with Provider. Except for information, products or services clearly identified as being supplied by Provider, Provider does not operate, control or endorse any such information, product or services in any way. Provider cannot and does not guarantee or warrant that files available for downloading through the Internet will be free of viruses that manifest contaminating or destructive properties. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to Client or are unsuitable for minors (persons under eighteen (18) years of age). Client agrees to supervise usage by any minors when agree to use this service. Client accesses such materials at Client’s own risk, and Provider has no control over and accepts no responsibility whatsoever for such materials.
MONITORING AND REMOVAL OF CONTENT.
Provider is under no obligation to monitor the services. However, Provider reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its server that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in Provider's possession about or related to Client, Client’s use of the services or otherwise as Provider deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Client shall not knowingly submit to Provider for publication via Provider's bandwidth any of the following material, regardless of the form of such content: (i) any material which violates or infringes any copyright, trademark, trade secret, patent, or any statutory, common law, or other proprietary rights of others, (ii) any material that is libelous or slanderous, (iii) any material which is or contains anything obscene or pornographic, or (iv) distribution lists to be used in connection with unsolicited electronic mails or other mass electronic mailings including mass newsgroup postings, SPAM, and unsolicited e-mail sent from Client's server or any other service on the Internet, which contains Client's domain name or any other domain name on Provider's network. Due to the public nature of the Internet, all material placed by Client on the Internet will be considered publicly accessible. Client acknowledges that Provider does not screen, nor exercise any control over, the content of the information passing through Client's site(s) and that is the sole responsibility of Client to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Provider policies. Provider's publication of material submitted by Client does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of the MSA, applicable laws and regulations or Provider’s policies.
INTERNET SECURITY- TAKING PROPER PRECAUTIONS.
Maintaining the security of Client’s own personal computer is an important part of protecting Client’s own privacy and of helping Provider protect Provider’s network and Provider’s services. Client should use and update regularly Client’s antivirus software, firewall and Client’s operating system to prevent unauthorized access by others and harm from various forms of viruses. Persons with questionable intent may utilize the Internet or email to pose as someone Client trusts or does business with. Client should always be sure who Client is dealing with before responding with personal information. To avoid these and other forms of attacks, Provider encourages Client to visit the Federal Trade Commission (FTC) for updates and tips on protecting Client. Provider may take protective action related to Client’s service(s) or contact Client directly with information from time-to-time to help with this effort.
Client acknowledges and agrees that installation of the service (including the Licensed Software) may require Provider personnel and/or its agents to open Client’s computer. Client further acknowledges and agrees that installation and/or use of the service (including the Licensed Software) may result in the modification of Client’s computer's systems files and that Provider may periodically update such software. Provider neither represents, warrants, nor covenants whatsoever that such modifications will not disrupt the normal operations of Client’s computer. Provider shall have no liability whatsoever for any damage resulting from the installation and/or use of the Licensed Software or file modifications. Provider is not responsible for returning Client’s computer to its original configuration prior to installation.
LIMITATIONS OF WARRANTIES AND LIABILITY.
PROVIDER DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICE IS ERROR-FREE OR THAT ITS OPERATION WILL BE SECURE OR UNINTERRUPTED. FURTHER, NO SPECIFIC SPEED IS GUARANTEED, THOUGH PROVIDER WILL USE ITS BEST EFFORTS TO PROVIDE ADVERTISED SPEEDS. PROVIDER HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF; AND
PROVIDER IS NOT RESPONSIBLE FOR CLIENT’S PERSONAL INFORMATION RESIDING EITHER ON CLIENT’S PERSONAL SYSTEM OR PROVIDER’S SYSTEM. PROVIDER MAKES NO WARRANTY THAT ALL ERRORS OR FAILURES CAN OR WILL BE CORRECTED. IN THE EVENT A COURT SHOULD HOLD THAT THE LIMITATION OF LIABILITIES OR REMEDIES AVAILABLE AS SET OUT IN THIS AGREEMENT ARE UNENFORCEABLE, CLIENT AGREES THAT PROVIDER’S ENTIRE LIABILITY FOR DAMAGES CONCERNING PERFORMANCE OR NONPERFORMANCE, IN ANY WAY RELATED TO USE OF ANY PROVIDER INFORMATION, SOFTWARE OR OTHER PRODUCT, BY VIRTUE OF THIS SERVICE, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNT RECEIVED BY PROVIDER FROM THE CLAIMANT DURING THE SIX (6) MONTHS PRIOR TO SUCH CLAIM.
Provider reserves the right to change without notice the Provider’s internet service including but not limited to access procedure, hours of operation, menu structure, commands, documentation, and services offered.
Provider reserves the right in its sole discretion to delete any information entered onto Provider by Client. Provider and its authorized representatives have the right, but are not obligated to edit public information.
Client hereby agrees that any material submitted for publication on Provider through Client’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything obscene or libelous.
Client hereby agrees to refrain from engaging in any and all forms of spamming.