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Internet Access Agreement 1. Registration and Use. Welcome to SNET ("SNET") Internet access service, ("SNET Internet"SM or "Service"). SNET shall provide you with SNET Internet under the terms and conditions embodied in this Agreement (the "Agreement"). SNET may, from time to time, notify you of changes or additions to this Agreement, and your continued use of SNET Internet after SNET so notifies you will signify that you agree to such changes or additions. You agree that this Agreement is personal to you and that you will not knowingly allow more than four (4) other individuals in your immediate family, household or business to use the enclosed login name or password to access your SNET Internet account (the "Account") without prior written approval from SNET, provided, however, that only you or one other such individual may use your account at any particular time and you may not resell or redistribute any portion of the Service or provide access to your Account to any third party for financial gain. You agree to provide to the individuals referenced in the preceding sentence a copy of this Agreement and to inform them that their use of SNET Internet is subject to the terms and conditions hereof. You agree that you are fully responsible for such individuals' conduct while using SNET Internet, and for any consequences if such an individual misuses the Service, violates this Agreement, or accesses material or information which you feel is obscene or otherwise objectionable. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING SNET INTERNET. BY USING THE ENCLOSED LOGIN NAME AND PASSWORD TO ACCESS SNET INTERNET, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. REGARDLESS OF WHETHER YOU ACCESS OR USE THE SERVICE, ANY COMPUTER SOFTWARE LICENSE AGREEMENTS BETWEEN YOU AND SNET SHALL CONTINUE IN FULL FORCE AND EFFECT AND YOUR USE OF SOFTWARE, IF ANY, RECEIVED FROM SNET SHALL BE SOLELY PURSUANT TO THE TERMS AND CONDITIONS OF SUCH APPLICABLE COMPUTER SOFTWARE LICENSE AGREEMENTS. Regardless of whether or not you use the service, SNET will charge you standard monthly fees for your SNET Internet account. Any and all charges will appear either on your monthly credit card statement or on your monthly telephone bill. SNET Internet charges which appear on your telephone bill will become due and payable within the same timeframe as other charges listed on your telephone bill. You agree to pay to SNET any current charges appearing on your telephone bills as they relate to SNET Internet. SNET Internet charges may vary from time to time, depending on the length of time you are logged on to SNET Internet in any given calendar month, as well as on other factors. SNET reserves the right to change its fees at any time for any reason, provided, however, that whenever possible, SNET will give you reasonable notice of such change. From time to time, SNET may add or modify certain services relating to SNET Internet, and SNET reserves the right to charge you additional or different fees in consideration for providing such new or modified services to you. You will also be liable for all attorney and collection fees arising from efforts to collect any unpaid balances on your Account. 3. Uncensored Internet Access. YOU UNDERSTAND THAT SNET INTERNET PROVIDES FULL, UNCENSORED ACCESS TO MATERIALS ON THE INTERNET CREATED AND MAINTAINED BY UNAFFILIATED THIRD PARTIES. SNET EXERTS NO EDITORIAL CONTROL OVER SUCH MATERIALS, PORTIONS OF WHICH MAY BE CONSIDERED SEXUALLY EXPLICIT, OBSCENE OR OTHERWISE OFFENSIVE. IN NO EVENT SHALL SNET BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH SNET INTERNET. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET GENERALLY. You may terminate your Account by calling 1-800-408-8282, but you will remain liable for all charges accrued until your password has been deactivated, including full monthly charges for the month during which the Termination Date occurred. SNET may modify, suspend or terminate this Agreement or the Account at any time and for any reason without prior notice to you and without refunding any fees you have paid to SNET. SNET reserves the right to require you to change your login name or password, and to delete any or all program or data files associated with the Account upon termination of this Agreement. SNET INTERNET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF SNET INTERNET IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF SNET INTERNET AND THE INTERNET GENERALLY. IT IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH SNET INTERNET OR ON THE INTERNET GENERALLY. NEITHER SNET, NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO SNET INTERNET OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SNET INTERNET OR ON THE INTERNET GENERALLY, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS, TITLE, NONINFRINGEMENT, OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY MATERIALS ACCESSED THROUGH SNET INTERNET. SNET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SNET WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH SNET INTERNET OR THE INTERNET GENERALLY, OR YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON SNET INTERNET, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF SNET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL SNET'S LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR SNET INTERNET EXCEED THE GREATER OF SNET INTERNET CHARGES INCURRED BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION OR ONE THOUSAND DOLLARS ($1,000). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. You understand that if you become dissatisfied with the Service, your sole and exclusive remedy will be to discontinue the Service in accordance with Section 4 of this Agreement. Your communications with and through SNET Internet will, in most cases, be viewed only by you and to anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, SNET will attempt to preserve the confidentiality of such communications. However, you agree that SNET has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly, or to protect itself or its subscribers. SNET has no obligation to monitor SNET Internet. However, SNET reserves the right to refuse to post or to remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable or in violation of this Agreement. You understand and agree that, unless you notify SNET to the contrary in writing, SNET may publish your name and other information in directories which may be accessed by third parties. You agree to be bound by rules which are important for the proper use of the Service. Your failure to follow these rules, whether set out in this Agreement, or in bulletins posted at various points by SNET, may result in SNET terminating this Agreement and your Account. You agree to the following rules: (i) except as otherwise provided herein, you will not tell others your password or let your Account be used by anyone except yourself; (ii) you will not attempt to, or cause others to attempt to, log in more than once at the same time on your Account without specific permission from SNET; (iii) you will not post or transmit any unlawful, threatening, harmful, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind; (iv) you will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright, or other proprietary right, without obtaining permission of the owner of such rights; (v) you will not use our Service to commit a crime, or to plan, encourage or help others to commit a crime; (vi) you will not post or transmit requests for money, petitions for signature, chain letters or letters relating to pyramid schemes; (vii) you will not post or transmit any advertising, promotional materials or any other form of solicitation (SNET reserves the right, in SNET's sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.); (viii) you will not post a single item to more than ten (10) newsgroups or mailing lists or other similar groups or lists; (ix) you will not post to any newsgroup or mailing list or other similar groups or lists, items which are off-topic (e.g. off-topic according to the charter of the newsgroup or mailing list or other similar groups or lists or if the item provoked complaints from regular readers of the newsgroup or mailing list or other similar groups or lists for being off-topic); (x) you will not send unsolicited mass e-mailings to more than twenty-five (25) e-mail users; (xi) you will not violate the terms and conditions and operating rules of any other interactive service, including without limitation, other newsgroups and mailing lists or other similar groups or lists and World Wide Web sites; (xii) you will not post or transmit any private e-mail to any newsgroup or mailing list or other similar groups or lists without the explicit approval of the sender; and (xiii) you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. You agree to defend and indemnify and hold harmless SNET and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Service, regardless of the type of claim or nature of the cause of action. By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, "Communications") in or through SNET Internet, you are granting to SNET a perpetual, worldwide license (the "License") to use, copy, modify, adapt or document such Communications. SNET shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting the Service. The Licenses does not, however, grant SNET any ownership rights in or to your Communications. You shall have no recourse against SNET for any alleged or actual infringement of any proprietary rights to which you may claim ownership. SNET or our suppliers own all rights, title and interest in and to all components of the Service, but expressly excluding content owned by third parties which may be accessible through the Service and/or the Internet generally. SNET's ownership rights in the Service include, but are not limited to, the look and feel of the end-user interfaces associated with the Service, the name of the Service, and the collective works consisting of all public messages on the Service. You may not reproduce any sequence of messages from our Service without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (i) any aspect of the Service which we or our suppliers own, or (ii) any service, information or materials supplied by a third-party content provider and which you may access through SNET Internet. This Agreement constitutes the entire agreement between SNET and you with respect to the Service. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in New Haven, Connecticut. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. You may not assign this Agreement or your rights or obligations hereunder without the prior written consent of SNET. |
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