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Updated 7/7/2006
Please
read this Internet Service Agreement carefully. It
governs your use of PowerNet Global Internet services
and Web sites (collectively the "Services").
By continued use of the Services, you agree to be
bound by this Agreement. This Agreement applies
whether you are a Subscriber to PowerNet Global
Communications Internet Services or are accessing the
Services as a visitor.
1.
Subscription; Rates; Payment
You must be at least 18 years old to subscribe to PowerNet Global
Communications Internet Services (the
"Services"). You may subscribe to the
Services by calling 1-877-599-2295. The PowerNet
Global Communications ("PowerNet Global")
representative will provide you with rate and fee
information and, upon your subscription, will assign
you a username and password to access the Services.
Immediately, upon your subscription, we will begin
charging you for the Services, regardless when you
begin accessing the Services.
No Credits will be given for any nonuse of the
account. A prorated amount may be due for the final month of the
Services. Please
contact Technical Support for more information.
We reserve the right to change the terms and
conditions, including any charges associated with the
use of PowerNet Global Communications Internet
Services or discontinue certain access arrangements or
Services from time to time. Posting of the updated
Service Agreement will constitute notice to you of any
such changes, however, PowerNet Global will use
reasonable efforts to provide you with ten (10) days
advance notice of any changes that adversely impact
you. You agree that we may send to you all
such notices in electronic form. We can send you
electronic notices (1) to the e-mail address that you
provided to us during registration or any other e-mail
account you open with us, or (2) by posting the notice
on the PowerNet Global website. The delivery of any
notice from us is effective when sent by us,
regardless of whether you read the notice when you
receive it or whether you actually receive the
delivery. Changes
will be effective upon notice.
You remain responsible for regularly reviewing
these terms and conditions and any additional terms
posted on the PowerNet Global website.
Your continued use of the PowerNet Global
website after the effective date of such changes
constitutes your acceptance of and agreement to such
changes.
Rates, charges, fees and credits are based on the Internet
Service Plan and/or Bundling Plan you chose.
Charges by local, toll or long distance
communications service providers or any sales, use or
excise taxes or any other governmentally imposed fees
or charges. You are solely responsible for determining
if use of a particular access number will cause you to
incur long-distance, toll or other charges. We are not
responsible for any long-distance, toll or other
telecommunications charges you incur.
Subscribers must (i) provide PowerNet Global with accurate and
complete billing information including legal name,
address, telephone number and credit card information.
and (ii) report to PowerNet Global all changes to this
information within 30 days of the change.
You are responsible for all charges to your account. You agree
not to reveal your password to other users and to
indemnify and hold harmless PowerNet Global for any
improper or illegal use of your account.
You consent to changes made to software registry by PowerNet
Global's setup program.
If you choose to add services at a later date to your account,
you authorize us to perform a credit check.
You also agree that we may send to you in
electronic form your monthly billing statement (“ebill”).
We may send your ebill to the e-mail address that you
provided to us during registration or to any e-mail
account you open with us. If you require a paper monthly billing statement, you
agree to pay to us a monthly fee.
If your Internet Service Plan/Bundling Plan qualifies for
the Loyalty Reward, beginning in the fourth (4th)
billing cycle you will receive a percentage credit off
the Monthly Charge every month thereafter as long as
your account is in good standing and you are current
on your payments.
We may discontinue the Loyalty Rewards Program
at any time without notice to you.
2.
Limitations
on Use of Service; Usage Policy
You are solely responsible for usage of the Services through your
account including, but not limited to, all e-mail,
messages and data that you or another user creates
under your username and password and you agree that
PowerNet Global acts as a passive conduit for the
transmission of such data. We do not actively monitor
use of the Services under normal circumstances.
Similarly, we do not exercise editorial control over
the content of any Web site, e-mail transmission,
message, news group, or other material created or
accessible over or through the Services, except
certain proprietary Web sites. Nevertheless, we may
remove any materials that, in our sole discretion, may
be illegal, may subject us to liability, or which may
violate this Internet Service Agreement.
Services Limited to Personal Use
- You may only use the Services for personal use.
Using a personal account for high volume or commercial
use (e.g. revenue generation, advertising, etc.)
is prohibited.
Connection Limitations – PowerNet Global accounts are limited to
one PPP login per customer at any given time. To
insure the system is not abused and all customers have
equal access, a connection will automatically be
disconnected after 8 consecutive hours of
connectivity. Specific prohibitions include, but are
not limited to, running a Web server on a system
connected to PowerNet Global, automatically checking
e-mail or pinging to prevent disconnection for
inactivity. We reserve the right to terminate any
connection suspected to be non-interactive and to use
automated methods of detecting non-interactive use.
Website Hosting – Personal Web sites may not be used to
promote a business. Personal Web sites are limited to
a throughput of 1MB per day. A personal Web site that
exceeds this throughput will be disabled until the
following day.
Message Storage and Outbound Messages
– The amount of e-mail storage space for PowerNet
Global e-mail is currently limited to 3MB, and some
e-mail messages may not be processed due to space
constraints or outbound message limitations.
Illegal Use – The Services may not be used to transmit any
material (by e-mail, uploading, posting or otherwise)
that, intentionally or unintentionally violates any
applicable local, state, national or international
law, or any rules or regulations promulgated
thereunder.
Harm to Minors – The Services may not be used to harm, or
attempt to harm minors in any way. Such use includes,
but is not limited to, requesting personal or other
information from a minor, including without
limitation, any of the following: full name, home
address, social security number, e-mail address,
telephone number, picture, or the name of their
school.
Threats; Harassment – The Services may not be used to transmit
any material (e-mail, uploading, posting or otherwise)
that harasses another or that threatens or encourages
bodily harm or destruction of property.
Fraudulent Activity – The Services may not be used for making
fraudulent or misleading offers to sell or buy
products, items or services or to advance any type of
financial deception including, without limitation,
"pyramid schemes," "ponzi
schemes," and "chain letters."
Forgery or Impersonation – The Services may not be used to add,
remove or modify identifying network header
information in an effort to deceive or mislead or to
impersonate any person by using forged headers or
other identifying information.
Unsolicited Commercial/Bulk E-mail
–The Services may not be used to transmit or
facilitate transmission of any unsolicited commercial
or bulk e-mail.(SPAM) PowerNet Global restricts the number
of recipients on a single email message to a maximum
of 50
Unauthorized Access – The Services may not be used to access
or attempt to access the accounts of others, or to
penetrate, or attempt to penetrate security measures
of PowerNet Global’s or another entity’s computer
software, hardware or electronic communications
system, or telecommunications system, whether or not
the intrusion results in corruption or loss of data.
Collection of Personal Data – The Services may not be used to
collect, or attempt to collect, personal information
about third parties without their knowledge or
consent.
Resale – The Services may not be resold the without written
authorization of PowerNet Global.
Network Disruptions – The Services may not be used for any
activity that adversely affects the ability of other
people or systems to use the Services or the Internet.
Such activities include, without limitation, attacks
against another network host or individual user,
interference with or disruption of other network
equipment, and allowing others, actively or passively,
to use the Services for illegal or inappropriate
actions.
Reporting Violations of Usage Policy
– We request that anyone who believes that there is
a violation of the Usage Policy report the violation
to PowerNet Global at abuse@pngusa.net.
Please provide, if available (1) the IP address used to commit
the alleged violation; (2) the date and time of the
alleged violation including the time zone; (3) any
evidence of the alleged violation. E-mail with full
header information provides all of the above, as do
syslog files.
PowerNet Global may, but is not obligated to take any of the
following actions in response to a complaint: (1)
issue written or verbal warnings; (2) suspend the
violators newsgroup privileges; (3) suspend or
terminate the violator’s account; (4) bill the
violator for administrative costs and/or reactivation
charges; or (5)bring legal action to enjoin violations
and/or to collect damages, if any caused by the
violation. PNG does not waive its right to take any of
the above actions by choosing one course of action
over another at any particular time. PNG need not take
the above listed actions in any particular order but
is free to take any action it deems necessary in
response to the complaint.
3.
Technical
Support
PowerNet Global offers phone and e-mail-based technical support.
Technical support is not offered by any other means.
E-mail messages requesting technical support are
answered based on priority and most messages will
receive a response by the end of the next business day
following receipt. Technical support is available for
assistance with problems involving the process of
dialing into the system and establishing an Internet
connection, as well as problems concerning the sending
and receiving of Internet E-Mail. Technical support is
not to be used for other applications including, but
not limited to, questions regarding writing, setting
up, or maintaining web pages, hardware or software
problems or how to use any operating system..
4.
Disclaimer
and Limitation of Liability
POWERNET GLOBAL SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. POWERNET GLOBAL DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. POWERNET GLOBAL MAKES NO EXPRESS
WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY MERCHANIDISE,
INFORMATION OR SERVICE PROVIDED THROUGH POWERNET
GLOBAL OR THE INTERNET GENERALLY. NO ADVICE OR
INFORMATION GIVEN BY POWERNET GLOBAL OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY. POWERNET
GLOBAL AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS
OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR
USE OF THE SERVICE OR OF THE INTERNET INCLUDING ANY
INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT,
POWERNET GLOBAL’S CUMULATIVE LIABILITY TO ANY
SUBSCRIBER OR VISITOR FOR ANY AND ALL CLAIMS RELATING
TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL
AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
IN THE EVENT YOU HAVE CHOSEN HIGH SPEED SERVICE,
POWERNET GLOBAL DOES NOT WARRANT THAT THE SERVICES
WILL BE FIVE (5) TO SIX (6) TIMES FASTER.
ACTUAL PERFORMANCE MAY VARY AND ALL OF THE
ABOVE DISCLAIMERS APPLY AS WELL.
POWERNET GLOBAL DOES NOT CONTROL ANY MATERIALS, INFORMATION,
PRODUCTS OR SERVICES ON THE INTERNET. THE INTERNET
CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. POWERNET
GLOBAL MAY PROVIDE SOFTWARE TO ASSIST YOU IN SCREENING
POTENTIALLY OFFENSIVE WEBSITES BUT DOES NOT WARRANT
ITS PERFORMANCE OR EFFECTIVENESS. POWERNET GLOBAL HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR USE
OF THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND
RISK FOR USE OF THE SERVICES, PRODUCTS, AND OTHER
INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF
ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE
INTERNET.
5.
Copyright
Policy
PowerNet Global respects the intellectual property of others, and
we require our Subscribers and Visitors to do the
same. We may, in appropriate circumstances and at our
sole discretion, terminate the passwords and accounts
of users who infringe the intellectual property rights
of others. Please see PowerNet
Global’s Copyright Complaint Information for
details.
6.
Privacy
We are committed to protecting your privacy and to providing you
with a safe, secure and enjoyable experience on the
Internet. PowerNet Global encourages you to read its Privacy
Policy carefully.
7.
Indemnification
You agree to indemnify PowerNet Global and its partners, agents,
affiliates, suppliers and content providers against
all claims, liability, damages, costs and expenses,
including, but not limited to attorney’s fees,
arising out of or relating to your use of the Service.
8.
Jurisdiction
This Agreement, and any dispute hereunder, will be governed by
the laws of the State of Ohio. The exclusive
jurisdiction for any dispute arising out of or
relating to PowerNet Global or this Agreement shall be
the state and federal courts located in Hamilton
County, Ohio. You consent to the personal jurisdiction
of such courts with respect to such matters or
otherwise between you and PowerNet Global, and waive
your rights to removal or consent to removal and any
objections to venue.
9.
Termination
Without prior notice, we may terminate your password, your
account, or your use of the Services, for any reason,
including, without limitation, if we, in our sole
discretion, believe you have violated this Agreement
or any other applicable user policies, or if you fail
to pay any charges when due.
If you are dissatisfied with the Service or any related terms,
conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using
the Service and, if you are a Subscriber, to terminate
your account.
You may terminate your account at any time for any reason by
providing notice of intent to terminate to PowerNet
Global by calling PowerNet Global’s Technical
Support Department at 1-877-599-2295.
10.
Revisions
to this Policy
We reserve the right to revise or modify this
Internet Service Agreement at any time. Notice of all
revisions or modifications will be posted on PowerNet
Global’s Web site. Your continued use of the
Services following the issuance of any revised or
modified version of this Agreement manifests your
assent to be bound by this Agreement as modified or
revised.
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