Terms of Service

and

Acceptable Use Policy

The Parties

AEC.NU Internet Access (hereinafter "AEC") is an internet access service provided by the AEC.NU Network, and subject to the terms and conditions of this AEC Internet Access Member Agreement ("Agreement"). This Agreement constitutes the entire agreement between you (hereinafter "you" or "Member") and AEC.NU with respect to AEC. AEC.NU RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE & Email AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE IN THE "AEC" WEB SITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON TERMINATION OR CONTINUED USE OF AEC AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

The Agreement

This Agreement takes effect on the date on which you accept this Agreement OR JOIN AEC and continues until your AEC membership is terminated either by you or by AEC, THIS IS ALSO EFFECTIVE IMMEDIATELY ON ALL CURRENT AEC.NU ACCOUNTS .
For information regarding your privacy and AEC, please see the AEC Internet Access Privacy Statement.

We encourage you to periodically review this statement, as it is updated on a regular basis.

Index

1. Essentials of Your Membership
2. AEC Usage
3. Charges and Billing
4. Operation
5. Posting to AEC.NU
6. Links To Third Party Sites
7. Disclaimers/Limitation Of Liability
8. Indemnification
9. Notices; Consent
10. No "Spam"; Damages
11. General

1. Essentials of Your Membership.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and 
to use AEC in accordance with this Agreement. You may terminate your AEC membership at any time, with or without cause, upon notice to 
AEC.NU as specified in the Member Services area online; provided that you are responsible for all charges, which have been submitted, prior to 
your notice of termination. AEC.NU may terminate or suspend your AEC membership at any time, with or without cause, with or without notice. 
Your AEC membership is personal to you, you agree not to assign, transfer, or sublicense your rights as a member unless specifically allowed by this Agreement. You may allow other members of your household (including minors) to use your AEC account, provided that you agree to pay all charges that they incur and to be responsible for all other aspects of their usage, which includes any roaming charges and 
telecommunication charges for connecting to AEC such as long distance charges. You acknowledge that you are aware that some areas of AEC 
and the Internet may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your 
AEC account. You acknowledge and agree that the party being billed for your AEC membership (that is, the party who is responsible for the 
credit card or other account associated with your account) has the right to terminate the account at any time and to request and receive usage 
information related to such account.

2. AEC.NU Usage.

2.1 As a condition of your use of AEC, you warrant to AEC.NU that you will not use AEC for any purpose that is unlawful or prohibited by these terms, conditions, and notices. AEC is provided to individuals for personal use, and business use with none of the accounts being authorized to bulk email or SPAM. You agree to use AEC only to send and receive messages that are not considered SPAM or Commercial Advertising, to be determined at the sole discretion of AEC.NU. Any unauthorized personal or commercial use of AEC.NU Internet, or the resale of its services, is expressly prohibited unless your are an AEC VISP. You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through AEC. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from or through AEC unless you are an AEC VISP.

2.2 You agree not to do any of the following while being connected to AEC:

Use AEC or any of its related services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or 
any duplicative or unsolicited messages to parties with whom you have no prior relationship (commercial or otherwise). Send unsolicited e-mail or instant messages through third party mail servers to relay your message or hide the origination of your message or any other message to others. Use your e-mail account in the text of unsolicited email messages or Web sites as an address to which members or other Internet users  can respond. Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.
Use or attempt to use simultaneous, unattended, or continuous connections to AEC.NU with one account.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or 
information.
Advertise or offer to sell or buy any goods or services for any illegal purpose.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an AEC.NU member any 
directory of AEC members, or any other user or usage information or any portion of any of them.
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or 
deleterious programs.
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or 
publicity or any other applicable law unless you own or control the rights thereto and have the legal right to do so or have received all 
necessary consents.
Interfere with or disrupt networks connected to AEC or violate the regulations, policies, or procedures of such networks.
Attempt to gain unauthorized access to AEC, other AEC accounts, or computer systems or networks connected to AEC, through 
password mining or by any other means.
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software 
exported from the United States.
Interfere with another member's use and enjoyment of AEC or another individual's or entity's use and enjoyment of similar services.
View, intercept, or attempt to intercept e-mail or other private communications not intended for you.
Violate any posted guidelines or codes relating to the use of AEC.NU Internet

Without limiting any of AEC.NU's rights to terminate your AEC membership as described elsewhere in this Agreement, AEC.NU may terminate your AEC membership for violation of any of the foregoing rules without notification.

2.3 AEC.NU has no obligation to monitor any member's use of AEC or retain the content of any user session. However, AEC.NU reserves the 
right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in 
AEC.NU's possession, however obtained, about or related to you, your use of AEC.NU Internet or otherwise as necessary or useful to satisfy 
any applicable law, regulation, legal process, or governmental request.

2.4 When using AEC you are subject to all the rules specified by the services and Web sites you visit., This includes other AEC branded 
services and Web sites as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, 
you agree that AEC.NU may take appropriate action just as if you had violated this Agreement.

2.5 You must promptly notify AEC.NU if you become aware of a potential breach of security, such as the unauthorized disclosure or use of 
your AEC Member Identification, user name, or password.

3. Charges and Billing.

3.1 You agree to pay all charges for your use of AEC at the prices then in effect including any charges for optional and premium services (e.g. 
DSL service, ISDN service, etc.)

Effective 02-01-01 New Pricing Structure

All AEC.NU charges are exclusive of sales or other taxes. AEC charges, if applicable, will be subject to sales or other taxes as appropriate. 
AEC.NU reserves the right to modify or terminate membership plans, change prices, or institute new charges for AEC at any time with at least 
thirty (30) days' notice to Members. You may terminate your membership, as specified here by emailing AEC or by telephoning toll free 1-800-805-9044. However you are responsible for all charges submitted prior to the termination of your account.

3.2 It is possible the access number you program your modem to use to connect to AEC may be a telephone number that results in additional or 
long distance charges being billed to you by a third party even if such number was presented by AEC as an appropriate access number for your 
area.
You are solely responsible for determining whether the access number you are using is subject to any additional charges. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to AEC, including those that may be billed to you by 
a third party. AEC.NU will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to 
additional and/or long distance charges.

3.3 You also agree to pay any additional AEC charges that you incur if you connect to AEC through an AEC telephone number while you are in a country that is not the country associated with your AEC.NU account (hereinafter referred to as "Roaming Charges"). Roaming Charges are in addition to any long distance telephone charges you may incur when accessing AEC from another country.

3.4 All periodic charges (that is, monthly, quarterly, annually, and so forth) or charges for prepaid plans are to be paid in advance, or at the time billed by AEC, as specified for the AEC plan you elect and are non-refundable. You agree to pay for all optional and premium services you elect to receive which are not included in your periodic charges or prepaid plan charges. You agree to pay all amounts due upon demand by 
AEC.NU. Each time you use AEC, you agree and reaffirm that AEC.NU is authorized to charge your account as specified by you (your "Designated Account"). You agree that AEC.NU may (at its option) accumulate charges incurred and submit them as one or more aggregate charges and that AEC.NU may delay obtaining authorization from your Designated Account issuer until submission of the accumulated charge (s). This means that accumulated charges may appear on the statement you receive from your designated account issuer. You agree that if you want to see the components of accumulated charges, you will review your statement. You agree to pay all costs incurred in the collection of any delinquent fees due under this Agreement or the enforcement of this Agreement, including attorney fees.

3.5 You agree that AEC.NU may submit charges for your use of connect time in excess of that provided as part of the AEC.NU membership plan you select without further authorization from you until you provide prior notice that you are terminating this authorization or wish to change your AEC membership plan. Such notice will not affect charges submitted before AEC.NU reasonably could act on your notice.

3.6 You must promptly notify AEC.NU of changes to: (a) the account number, status, or expiration date of your Designated Account; and (b) 
your billing address.

3.7 YOU WILL INCUR ADDITIONAL CHARGES IF YOUR USAGE OF AEC EXCEEDS THE NUMBER OF HOURS COVERED BY YOUR APPLICABLE MEMBERSHIP. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL OR LONG DISTANCE TELEPHONE 
COMPANY TO ACCESS AEC.

3.8 AEC.NU Internet will use reasonable commercial efforts to provide you with an statement of charges; however, any failure of AEC.NU to provide you with a statement does not affect your responsibility to pay any incurred charges. Unless you notify AEC.NU of any discrepancies or irregularities in any billing within ninety (90) days after they first appear on your Designated Account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by the issuer of your Designated Account. WITHOUT LIMITING ANYTHING ELSE IN THIS AGREEMENT, YOU RELEASE AEC.NU FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT REPORTED TO AEC.NU WITHIN NINETY (90) DAYS OF ITS PUBLICATION DATE.

3.9 Without limiting anything else in this Agreement, AEC.NU reserves the right to suspend or terminate your AEC membership without notice upon rejection of any charges or if your account issuer (or its agent or affiliate) seeks return of payments previously made to AEC.NU when AEC in good faith believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to AEC.NU. You agree to pay a late charge to AEC.NU on all amounts due but not timely paid. The late charge will be one and one-half percent (1 ?%) (which equals eighteen per cent (18%) per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate, the late charge will be the maximum rate allowed by law. The late charge will be imposed until all of the overdue amounts are paid, but no late charge will be charged on other late charges. AEC.NU Internet reserves the right to refer your AEC account to a third party for 
collection in the event of default.

3.10 AEC Members must contact AEC directly by email or telephone to cancel their existing AEC account (s) telephone toll free: 1-800-805-9044

4. Operation.

AEC.NU reserves complete and sole discretion with respect to the operation of AEC. AEC.NU may, among other things: (a) take any action (legal and/or technical) that AEC.NU deems appropriate to prevent bulk e-mail from entering or leaving any AEC e-mail account; (b) delete e-mail if it has not been accessed by you within a time established by AEC.NU from time to time, in its sole discretion; (c) not process e-mail or instant messages due to space limitations; (d) subject to the AEC Internet Access Privacy Policy, make available to third parties information relating to AEC and Members, if they have a warrant or are investigating a crime; (e) automatically log off any accounts that are inactive for an extended period of time, as determined by AEC.NU; and (f) withdraw, suspend, or discontinue any functionality or feature of AEC. The amount of e-mail and instant message storage space per member may be limited, therefore some e-mail and instant messages may not be processed due 
to space constraints. You agree that AEC.NU is not responsible or liable for the loss, deletion or failure to store or accept messages or other information. The use of any software that would prohibit AEC.NU's automatic log off system or part thereof from performing as intended is prohibited.

5. Posting to AEC.

AEC.NU Internet does not claim ownership of the materials you provide to AEC (including feedback and suggestions) or post, upload, input, or 
submit to any AEC Web Site or its associated services (hereinafter collectively called "Submission"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting AEC.NU, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. AEC.NU is under no obligation to post or use any Submission you may provide and may remove any Submission at any time, in AEC.NU Internet's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, as described in this section including, without limitation, all the legal rights necessary for you to provide, post, upload, input, or submit the Submissions.

6. Links To Third Party Sites.

THE LINKS INCLUDED WITHIN AEC AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE AEC AND VISIT NON RELATED SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF AEC.NU AND AEC.NU IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. AEC.NU IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. AEC.NU IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY 
ENDORSEMENT BY AEC.NU OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

7. Disclaimers/Limitation Of Liability.

You specifically agree that AEC.NU shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material 
or data sent or received or not sent or received, or any transactions entered into through or using AEC. You specifically agree that AEC.NU is 
not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, 
or illegal content or conduct of any other party or any infringement of another?s rights, including intellectual property rights. You specifically 
agree that AEC.NU is not responsible for any content sent using and/or included in AEC by you or any third party.

YOUR USE OF AEC AND ALL AEC SOFTWARE AND SERVICES IS AT YOUR OWN RISK. AEC.NU INTERNET, ITS RESELLERS, 
DISTRIBUTORS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, 
AVAILABILITY, TIMELINESS, AND ACCURACY OF AEC FOR ANY PURPOSE. AEC AND ALL RELATED SOFTWARE IS PROVIDED "AS 
IS" WITHOUT WARRANTY OF ANY KIND. AEC.NU INTERNET, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS DO NOT 
WARRANT THAT ACCESS TO OR USE OF WILL BE UNINTERRUPTED OR ERROR FREE, THAT MEMBERS WILL BE ABLE TO ACCESS 
AEC AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT AEC OR AEC SOFTWARE OR SERVICES WILL MEET ANY 
PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. AEC.NU INTERNET, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS 
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO AEC AND ALL RELATED SOFTWARE, INCLUDING ALL 
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON 
INFRINGEMENT. IN NO EVENT SHALL AEC.NU INTERNET, ITS RESELLERS, DISTRIBUTORS AND/OR SUPPLIERS BE LIABLE FOR ANY 
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH 
THE USE OR PERFORMANCE OF AEC, ANY AEC SOFTWARE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE AEC, 
ANY AEC SOFTWARE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, LOST, DAMAGED, OR 
DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY E-MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES 
AND RELATED GRAPHICS OBTAINED THROUGH AEC, OR OTHERWISE ARISING OUT OF THE USE OF AEC, WHETHER BASED ON 
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AEC.NU INTERNET OR ANY OF ITS SUPPLIERS HAS 
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AEC.NU'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED 
TO THE AMOUNT ACTUALLY PAID BY YOU TO AEC.NU FOR ACCESS TO AND USE OF AEC.NU INTERNET. YOU HEREBY RELEASE 
AEC.NU FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME 
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL 
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF AEC.NU, OR 
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR AN AEC ACCOUNT OR TO 
TERMINATE YOUR AEC.NU ACCOUNT.

8. Indemnification.

You agree to indemnify and hold AEC.NU Internet, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any 
claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or 
conduct on AEC.NU Internet. AEC will notify you within a reasonable period of time of any claim for which AEC seeks indemnification and will 
afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner 
prejudicial to AEC.NU Internet's interests, as reasonably determined by AEC.NU Internet.



9. Notices; Consent.

Notices given by AEC.NU to you may be given by e-mail via AEC, by a general posting on AEC.NU, or by conventional mail. Notices given by 
you to AEC.NU must be given by e-mail via AEC and addressed as set forth mentioned earlier in this document, or by conventional mail. 
Notices to AEC.NU by conventional mail must be sent to AEC.NU Internet, 8670 Rick Road, Mc Kean, PA 16426

10. No "Spam"; Damages.

AEC.NU may immediately terminate any account that it determines, in its sole discretion, is transmitting or is otherwise connected with any 
"spam" or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably 
calculated, you agree to pay AEC.NU liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail 
transmitted from or otherwise connected with your account. Otherwise you agree to pay AEC.NU's actual damages, to the extent such actual 
damages can be reasonably calculated. You agree that AEC.NU may charge such damages to your Designated Account, your designated credit 
card or other account specified by you for payment of AEC charges.

11. General.

11.1 Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Pennsylvania, USA, and you consent to 
the exclusive jurisdiction and venue of courts in Erie County, Pennsylvania for all disputes arising out of or relating to your use of AEC or your 
AEC membership. Use of AEC is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions 
including, without limitation, this paragraph.

11.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and AEC.NU as a result of 
your use of AEC or your AEC membership. You agree not to represent yourself to be a representative, agent, or employee of AEC.NU Internet, 
and that AEC.NU Internet will not be liable by reason of any representation, act or omission to act by you.

11.3 AEC.NU Internets performance under this Agreement is subject at all times to existing laws and legal process. Nothing contained in this 
Agreement is in derogation of AEC.NU Internets right to comply with law enforcement requests or requirements relating to a Member's use of 
AEC.NU Internet or information provided to or gathered by AEC.NU Internet with respect to such use.

11.4 This Agreement constitutes the entire agreement between AEC.NU and you with respect to your use of AEC and your AEC membership 
(excluding the use of any software which may be subject to an end user license agreement), and it supersedes all prior or contemporaneous 
communications and proposals, whether oral or written, between AEC.NU Internet and you with respect to AEC.NU Internet.

11.5 AEC.NU Internet may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this 
Agreement.

11.6 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings 
based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records 
originally generated and maintained in printed form. You and AEC.NU Internet agree that any cause of action arising out of or related to 
AEC.NU must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section 
titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Any rights not expressly granted herein are reserved by AEC.NU Internet.

We think that about covers it all...wow

 

 

 

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