SNET DSL: Support: Legal

BY YOUR USE OF SNET INTERNET SERVICES' DSL INTERNET ACCESS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE NOTIFY US THAT YOU WISH TO TERMINATE THE SERVICE. TO TERMINATE, CONTACT THE SNET DSL ORDER CENTER AT 1.877.999.9375.

This Agreement is between SNET INTERNET SERVICES ("SNET" or "We" and "us") and the participant ("you" or "your"). This Agreement sets forth the terms and conditions under which you agree to use SNET's DSL Internet Access Service ("Service(s)"). Terms and conditions for the maintenance of certain equipment associated with the provision of the Service may be provided under separate agreement with SNET.

Service

The Service consists of a single DSL transport service arrangement combined with SNET Standard Internet access. The DSL transport service, provided by SBC Advanced Solutions, Inc. (SBC-ASI), an affiliate of SNET, is an asymmetrical digital subscriber line technology access service offered at downstream speeds of 384 kbps to 1.536 mbps and upstream speed of 128 kbps. The "Downstream" range of speeds represents transmission speeds in megabits per second ("Mbps") or kilobits per second ("Kbps"), from our digital subscriber line connection point to the point of demarcation at your designated premises, while the "Upstream" range of speeds represents transmission speeds in kilobits per second (Kbps) from the point of demarcation at your designated premises to our digital subscriber line connection point. Actual data transfer speeds or "throughput" may be affected by loop distance, Internet congestion, server or router speeds, protocol overheads and other factors which we cannot control.

We will provision and maintain the Service for you up to and including the Network Interface Device.

We will advise you of the customer premises equipment (CPE) necessary to support the DSL service that you will need to purchase. Such CPE may include a DSL modem, a Network Interface Card (NIC card), and a splitter or filters.

If your CPE, including the DSL modem, NIC card and splitter, is provided by us, we warrant that we will repair or replace defective CPE with comparable new or refurbished CPE (at our discretion) within 90 days of the installation of the Service.

In the event that you request that SNET provision your DSL service arrangement to your CPE, our sole liability for any loss or damage to any equipment associated with the Service, alleged to be the result of our negligence in provisioning the Service, is repair or replacement, at our option, of the equipment, which is alleged to have been damaged..
The minimum service commitment is 1 Year.
Commencing on the date on which you initiate the Service, you will have use of the Service pursuant to the terms and conditions set forth herein. In exchange, you will pay the current charges for such Service, including installation charges, if applicable. The terms, conditions, and charges for the Service may be periodically modified, and you will be notified in the event of any changes. After notice of a modification, your continued use of the Service constitutes an affirmative agreement to be bound by such new terms, conditions, and charges.
The Service shall continue until such time as you provide SNET with notice that you wish to discontinue the Service, or Service is terminated and/or cancelled by SNET, as set forth herein.
SNET reserves the right to change the terms of this Agreement or modify or discontinue the Service with or without notice to you.

2. Fees

You agree to pay all fees agreed to by you when you ordered your DSL Internet Access Service.

For all Service charges, including installation charges if applicable, SNET will bill you on your monthly Southern New England Telephone Company bill. Monthly recurring charges are billed in advance of Service. If any portion of payment is received after the late payment date, a monthly late charge may be charged to you as liquidated damages. The monthly late charge will be 1.0 % of the entire outstanding balance for each month or portion thereof (12% per annum) for which the balance remains.
In the event you fail to pay charges billed on your monthly telephone bill, or SNET is unable to bill you, SNET reserves the right to bill outstanding sums to your credit card or to bill you directly. SNET may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse SNET for all expenses incurred to recover sums due, including attorneys fees and other legal expenses.
Your basic telephone services will not be disconnected for nonpayment of charges for SNET Services. However, SNET may suspend or discontinue the SNET Service if charges are not paid.

3. Provision of Service

You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You further understand and agree that SNET has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of SNET.

4. Limitation of Liability

SNET will make reasonable efforts to provide continuous, uninterrupted, expedient and error-free Service to you. Under no circumstances shall SNET be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services.
Any Software provided hereunder is provided on an as-is basis. SNET makes no express or implied warranties (including those of merchantability or fitness for a particular purpose) with respect to the services, including software provided.
SNET's liability for damages in regards to extraordinary and unreasonable interruptions of Service, or for mistakes, omissions, delays, errors and defects in the provision of the Service, shall in no event exceed an amount equal to the prorata charges to you for the period during which the Service is affected.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SNET HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE.
SNET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SNET MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. FURTHERMORE SNET MAKES NO GUARANTEE WITH REGARD TO THROUGHPUT SPEEDS ASSOCIATED WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SNET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

5. Indemnity

You agree to indemnify and save SNET harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Service, except to the extent that such Liabilities arise from the active negligence or willful misconduct of SNET.
You agree to indemnify SNET, its parent, affiliates and subsidiaries, in the event that your use of the Service and/or Software; (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass, or intimidate, or (iv) interferes with other customers’ use or enjoyment of the Services provided by SNET.

6. Compatability

You are solely responsible for provisioning, configuration and maintenance of all customer provided equipment on your premises, including, without limitation, computers, modems, and other communications equipment. SNET shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning , configuration, or maintenance of such equipment.

7. Customer Support

The Service is a dynamic IP Service intended for use by a single user. You shall not use the Service in a manner that is inconsistent with the intended use. SNET will not provide support for the installation or ongoing management of a customer premise router with your Service.
You understand that technical support for the Service is available twenty-four hours a day, seven days a week, 365 days a year. Customer service support is available Monday through Thursday 8:00 a.m. to 7:00 p.m. and Friday 8 a.m. to 5 p.m.(Eastern Standard time)

8. Use Limitations

You agree to comply with Federal and State regulations, the rules, regulations and policies, including but not limited to, SNET's Internet Access Agreement and other statements of terms and conditions located at (http://www.snet.net/support/legal/) applicable to any network that you access through the Service. Any violation of such rules, regulation and policies, or any network policy document issued by SNET, shall be cause for SNET to suspend or terminate the Service.
Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the userID, electronic mail address, Universal Resource Locator, IP Address or domain name used by you in connection with the Service.
SNET reserves the right to suspend or terminate the Service to you, or to suspend or terminate any userID, electronic mail address, Universal Resource Locator or domain name used by you, in the event it is used in a manner which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; (iv) tends to damage the name or reputation of SNET, its parent, affiliates and subsidiaries; or (v) interferes with other customers' use and enjoyment of the Services provided by SNET.
You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and such breach may result in suspension or termination of the Service. You further agree to immediately notify SNET of (i) any unauthorized use of your account and/or (ii) any breach, or attempted breach, of security known to you.

9. Force Majeure

Neither SNET nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lighting, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

10. Cancellation, Termination and Assignment

In the event of a ruling, regulation or order issued by a judicial, legislative or regulatory body which causes SNET to believe that this Agreement and/or the Services provided hereunder, may be in conflict with such rules, regulations and orders, SNET may suspend or terminate the Service, or terminate this Agreement, without liability.
You may terminate the Service upon notification to SNET, by calling the customer service number at 1.877.999.9DSL (1.877.999.9375.) You understand that if you terminate this Agreement before the end of the one year term, you must pay a termination charge of $200.00.
If you fail to pay any charge when due, including, but not limited to, installation charges or taxes, or if you fail to perform or observe any other material term or condition of this Agreement, or if you provide false or inaccurate information which is required for the provision of the Service or is necessary to allow SNET to bill you for the Service, and such condition continues unremedied for thirty days, you shall be in default and SNET may suspend or terminate the Service to you.
You may not assign your account on the Service to anyone without the express written consent of SNET. Upon reasonable notice, SNET may assign its rights and obligation under this Agreement.

11. General

SNET may terminate this Agreement at any time upon written notice.
This Agreement shall be construed in accordance with the Laws of the State of Connecticut.
You agree and hereby certify that more than ten percent of the use of the Service is interstate (outside the state) in nature.
This Agreement is the complete understanding between you and us concerning the subjects covered by this Agreement. This agreement supersedes any prior written document or oral understanding.
If any part of this Agreement shall be invalid or unenforceable, such invalidity or non-enforceability shall not invalidate or render unenforceable any other portion of this Agreement.