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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