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End-User Terms of Service Agreement
Last Updated: September 2nd, 2008 at 23:59:59 EST
OUR SERVICES
ALLTHEPOWER.NET LLC AGREES TO PROVIDE YOU WITH THOSE SERVICES SET FORTH AT THE TIME OF SIGNUP, HEREINAFTER REFERRED TO AS "OUR SERVICE", AND YOU, AS A USER OF OUR SERVICE, HERINAFTER REFERRED TO AS "USER", AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF USING OUR SERVICE MADE BELOW, HEREINAFTER REFERRED TO AS "THIS AGREEMENT". IN THE EVENT OF ANY VIOLATION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT IMMEDIATELY, WITHOUT NOTICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OUR SERVICE.
DISCLAIMER OF WARRANTY
NO WARRANTIES ARE MADE REGARDING OUR SERVICE. WE DO NOT GUARANTEE THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE EXERCISE NO CONTROL WHATSOEVER OVER THE CONTENT OF INFORMATION THAT IS TRANSMITTED VIA OUR SERVICE. OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ALLTHEPOWER.NET LLC, OUR AGENTS, OUR PROVIDERS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, WHICH RESULT IN ANY WAY FROM USER'S USE OR INABILITY TO USE OUR SERVICE OR ANY PART THEREOF, INCLUDING ANY THIRD-PARTY SOFTWARE OR SERVICE WHICH ALLTHEPOWER.NET LLC MAY MAKE AVAILABLE TO USER. THIS INCLUDES ANY AND ALL DIRECT AND INDIRECT DAMAGES, SPECIAL, PUNITIVE, RELIANCE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF GOODWILL, USE, DATA OR PROFITS OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OUR SERVICE OR THAT MAY RESULT FROM BUSY SIGNALS, ERRORS OR DELAYS IN OUR SERVICE, DELETION OF FILES, VIRUSES, THEFT, OR ALTERATION OF A USER'S COMPUTER. IN THE EVENT THAT WE ARE FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, OUR LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT AND/OR TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S FEES PAID, PRO-RATED TO REFLECT THE CURRENT TERM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Age Limit
User represents to us that he or she is 18 years of age or older.
Responsibility of Use
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to Our Service. Under no circumstance shall we be held liable for User's actions while using Our Service. User understands that certain materials available via the service provided under the terms of This Agreement may not be suitable for individuals under the age of 18. If User allows children to use Our Service, User agrees to be wholly responsible for the children's actions and to protect the children from online predators or other threats and content and communications that may not be suitable for children. User also agrees to be liable for any damages caused by any action a child may perform while using Our Service.
Sexually Explicit Materials
User understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at his or her own will and at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are applied to Our Service:
User May Not:
- Host websites on, nor serve public content from, the computer connected to the internet via our dial-up internet service.
- Cause their computer to stay connected to the internet continuously.
- Send SPAM, or bulk email when dialed into the network or connected to our servers.
- Post SPAM or anything offensive or threatening when using newsgroups.
- Post or transmit viruses or any harmful component to others.
- Transmit anything that is protected by copyright without permission.
- Attempt to violate the security of any computer network.
- Engage in any illegal activity.
In the event of a court order, we may provide any and all information that the court requests, including details of User's use of Our Service.
Dialup Restrictions
User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and Our Service.
User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as greater than 250 hours of use across any rolling 30-day period. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection. All users should disconnect from the internet when they are not actively using the internet, not only to comply with these restrictions, but also to reduce the ability for malicious parties to access User's computer from the internet.
The right to use Our Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of User log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one login session per system account at any time.
Email Restrictions
- User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
- User may not send to more than 25 recipients at a time.
- User may not send more than 100 emails per one-hour period.
- User may not send from an email address that is not their own.
- User may not send an email that is over 10 MB in size.
- User may not forge message headers to hide the origin of their email.
- Provider may block certain attachment types used in transmitting viruses.
Right to Cancel
We reserve the right to cancel Service for any reason without prior notice. In the event that AllThePower.net LLC cancels a User’s service for a reason outside of this TOS, AllThePower.net LLC will refund to the User the unused portion of that month's service at the time of cancellation, as well as 100% of any fees paid in advance for future months.
System Backups
We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, e-mail attachments, or any E-mail message contents, regardless of the reasons for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Although we do perform occasional backups of our server, we shall not be held responsible for any lost e-mail messages, attachments, address books, files, or any other information on our servers, regardless of the reasons for data loss or system causes. User should always keep their own backup of their e-mail messages, attachments, address books, files, or any other information they deem useful or valuable.
No Confidentiality
Information transmitted through Our Service and through the Internet in general is not confidential. We cannot and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company and/or to protect the rights and property of others.
Third-Party Providers
The software on User's computer, including any internet browser(s), any software we provide or link to, as well as the transmission mechanisms and equipment used by Our Service, are the property of Third-Party providers, over which we have no control. These Third Parties grant license to User to allow use of their assets or software, as long as User agrees to abide by the terms of the license(s) provided with the software or services used. User agrees not to use Our Services as a means to alter the relationship that User has with those Third-Party providers.
Privacy Policy
PLEASE READ THE FOLLOWING CAREFULLY. IT STATES THE PRIVACY POLICY THAT GOVERNS YOUR USE OF OUR SERVICES.
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Information Collected
If you choose to use any of Our Services, we may ask you to provide us with certain personal information, such as your name, mailing address, phone number, e-mail addresses and other information that by itself, or in combination with other information, may be identifiable to you as a specific individual. We may also ask for financial information, such as account or credit card numbers, and demographic information, such as your zip code. We gather this information from your product or service order forms, product or service information requests, and other forms of communication with us. We also store User preferences regarding the delivery of content on our web pages.
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Security of Information
Online orders for Our Services, and all credit card transactions, are protected by the Secure Sockets Layer (SSL) protocol, which encrypts your information and confirms the identity of our server before processing it. Most modern Internet browsers, including Netscape Navigator (version 2.0 or better) and Microsoft Internet Explorer (version 3.0 or better), support the SSL protocol, and we recommend that you use the latest browser version to help ensure that your information is secure. We provide links to help you to upgrade your browser.
You are entirely responsible for maintaining the confidentiality of your account password.
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Disclosure of Information to Third Parties
AllThePower.net LLC is committed to your privacy; as such, any and all financial, private, confidential and proprietary information provided to AllThePower.net LLC or its employees shall be shared with NO ONE; it will NOT be published, displayed, copied, sold, transmitted, or transferred in any way, except as necessary to provide Our Service to you, manage the service we provide, process your order; or identify, contact or bring legal action against someone who may be violating this Privacy Policy or our Terms of Service. AllThePower.net LLC may also disclose personal or account information as required by court order or applicable law.
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E-mail Messages Stored On or Sent Through Our Servers
We will not monitor, edit or disclose the contents of any e-mail message stored on or sent through our servers unless required by law, as deemed necessary for the proper functioning of Our Services, as deemed necessary to protect our rights or property, or to protect the safety of any person. E-Mail accounts and the transfer of e-mail messages not directly provided by AllThePower.net LLC to end Users, including accounts provided by virtual hosts on our servers, may not be subject to the same privacy we provide; contact your e-mail account provider for more information. AllThePower.net LLC reserves the right to determine what messages may be disclosed or monitored.
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Cookies
Our servers may place small bits of text or "cookies" onto your computer's hard drive. Cookies enable us to deliver content specific to your interests or to enable online shopping services. After you accept a cookie, it is passed from your browser to our servers each time you request a page. You may configure your web browser to warn you before you accept a cookie. Furthermore, you may configure your browser to disallow cookies from our server, but doing so may disable your ability to shop for products or services offered on our websites and will cause any personalization of our homepage to be lost.
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Children's Privacy
AllThePower.net LLC does not provide services to children, however, we must rely on the information provided to us by visitors to our sites. As a result, it is impossible for us to guarantee with absolute certainty that a child does not supply the information collected and utilized by AllThePower.net LLC. To learn more about the Privacy Right's of Children, visit http://www.ftc.gov/kidzprivacy.
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Information Collected by Third Parties
Please be aware that those who advertise on our websites may also collect personally identifiable information about you. This Privacy Policy does not govern the information practices of these advertisers. Similarly, our servers may host websites or links to websites not provided by AllThePower.net LLC; those websites may collect your personal information. What information is collected and what those other sites do with that information is governed by the privacy policy of those specific sites; you are encouraged to review the privacy policy of every site you visit.
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How to Correct or Update Information
If you want to change or modify information you have previously provided to us, please do so via the links to your account from our homepage, or if the links are not available, you may contact AllThePower.net LLC by phone at (570) 735-8455, or by postal mail at:
AllThePower.net LLC
1103 South Hanover Street
Nanticoke, Pennsylvania 18634-3417
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Changes to our Privacy Policy
Changes to our Privacy Policy will be made as we deem necessary and without prior notice, so you should review this Privacy Policy often. Your continued use of Our Services constitutes your acceptance of this Privacy Policy.
Billing Policies
PLEASE READ THE FOLLOWING CAREFULLY. IT STATES THE BILLING POLICY THAT GOVERNS YOUR USE OF OUR SERVICES.
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Term
The term shall be for the length of time indicated when the most recent order for Our Service or renewal of same service was received, herein referred to as the "Service Term".
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Automatic Renewal of Service Term
Your Service term shall automatically renew for a new term equal to your current Service Term unless you give notice to cancel not less than three (3) calendar days prior to the expiration of your current Service Term. If notice is untimely and you elect nonetheless to cancel the new term, you will be charged an amount equal to 100% of our standard monthly charge for the month in which the cancellation request is received.
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Fees and Payments
All prices are stated in, and you shall make payment in, U.S. dollars. AllThePower.net LLC reserves the right to change rates for any and all of Our Services by notifying you sixty (60) days in advance of the effective date of the change; provided that AllThePower.net LLC shall not change any rates during Your Service term.
Fees and other charges for Our Services shall be charged in accordance with the prices set forth in written communication from us and on our website.
The initial Due Date of fees and other charges is equal to the date that services are ordered. All services are automatically renewed unless cancelled in accordance with our cancellation policies, creating subsequent due dates equal to the initial due date plus previously paid terms.
You shall arrange payment of these fees and other charges for Our Services when services are ordered or renewed. Accounts unpaid after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fees and charges due. You agree to pay AllThePower.net LLC its reasonable expenses, including attorney's fees and collection agency fees, incurred in enforcing its rights under these terms.
Late Payments shall not be accepted more than five (5) days after the due date. Late payments shall be applied retroactively to the due date. No credit or refund shall be granted for the days in the current Service Term that service was suspended due to non-payment or late payment.
You shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to Our Services. Internet service is not taxed in the state of Pennsylvania, and as such, we do not collect taxes for these services. If you reside in any jurisdiction where Internet Service is taxed, you are required to make payments to the taxing authority for your Use of Our Service.
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Cancellation of Service and Refund of Fees Paid
For security, all cancellation requests must be made by using the links to your account found on our homepage. Cancellation of Service will be effective upon receipt of a valid cancellation request, unless another date is specified in the cancellation request. Cancellation requests must be received at least 3 calendar days prior the expiration of the current Service Term (See "Automatic Renewal of Service Term").
AllThePower.net LLC also retains the right to cancel your account, without prior notice, for any violations of our Acceptable Use Policy. Any cancellation by AllThePower.net LLC or you shall not relieve you of any obligations to pay fees accrued prior to such cancellation.
If, at the time Our Service is activated, a User is unable to use Our Service due to a problem that is directly under our control, Our Service may be immediately cancelled and User may request a full 100% refund of fees paid.
All other refund requests are subject to a three dollar ($3) processing fee.
New Users may cancel Our Service within 72 hours of activation and receive a refund of all fees paid, less any processing fee.
If you cancel Our Service prior to the end of the term specified when you ordered Our Service, AllThePower.net LLC shall refund to you, in a pro-rated fashion, fees paid in advance of such cancellation as follows: You will receive a refund equal to 100% of our standard monthly charge for each full unused month remaining in the term, less any processing fee.
If you have taken advantage of any prepaid discounts, and cancel Our Service prior to the end of the entire term specified to obtain those discounts, AllThePower.net LLC shall refund fees paid as follows: You will receive a refund of any fees paid less 100% of our standard monthly charge for each month or portion of a month in which Our Service was available to you, less any processing fee.
For example, if you paid $99 for a year of standard service, and cancel that service at least three (3) calendar days before the end of the fifth (5th) month in which Our Service was available to you, you would receive a refund of $51.25. This is calculated as follows: Your original payment of $99 would be reduced by the number of months Our Service was available to you, i.e. - five (5) months at the monthly rate of $8.95, equal to $44.75. Your fees paid would be further reduced by the $3 processing fee, resulting in a refund of $51.25. [ $99.00 - $44.75 - $3.00 = $51.25 ]
AllThePower.net LLC has no control over any problems with your computer or software on your computer, the connection between your computer and our leased connection points, nor the connection to or use of any service not available directly from our servers, and as such we have no responsibility for any inability to use the internet or Our Service for any and/or all of these reasons; therefore, any refund requests will be subject to all of the provisions of the "Cancellation of Service and Refund of Fees Paid" section of This Agreement.
Failure to Comply With This Agreement
We may deny User access to all or part of Our Service without notice if User engages in any conduct or activities that we in our sole discretion believe violate any of the terms and conditions in This Agreement. If we deny User access to Our Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from lack of notification.
Miscellaneous
In the event that any portion of This Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provisions of This Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of This Agreement.
We may modify This Agreement from time to time by placing a notice of such modification on our website, and User's continued use of Our Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether This Agreement has been modified. If User does not agree to any modification of This Agreement, User must immediately stop using Our Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of law provisions. Any cause of action User may have with respect to Our Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance under This Agreement or interruption of any service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to This Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.
In any action between AllThePower.net LLC and User to enforce any of the terms of This Agreement, AllThePower.net LLC shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and AllThePower.net LLC with respect to Our Service.
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