Terms and Conditions
Metronet (hereafter “Company’: “we” or “us”) and the customer whose name and address appear on this Service Order (hereafter “Customer”, “you” or “your”) enter into this agreement whereby we will provide you those services listed on the Service Order or any other services purchased by you from us (“Broadband Services”) and you agree to pay our current fees and rates for those Broadband Services. We may change our fees and rates for the Broadband Services, from time to time, with notice to you as required by law. By signing the Service Order, you agree to abide by these Terms and Conditions and those contained in the Additional Terms of Service Addendum, which is hereby incorporated by reference, and collectively with the Service Order, forms the agreement between us (“Agreement”).
1. Electronic Signatures, Notices and Disclosures. You consent to the use of electronic signatures for all agreements with us and
consent to receive any or all notices and disclosures we send to you online or through other electronic means. Your consent may be
given by: clicking a box indicating your acceptance, consent or acknowledgment; activating any of our services; or, using any of our
services. If you want a paper copy of any document provided to you online, by email or other electronic means, please contact us at
1-877-407-3224 and a paper copy will be sent to you at no charge (except for paper invoices for which we may charge a fee). If you
no longer wish to sign documents using electronic signatures or receive notices or disclosures electronically, you may send a letter
withdrawing your consent at no charge to you to Metronet, Attn: Chief Information Officer, 8837 Bond Street, Overland Park, KS. Your withdrawal will not affect the legal validity or enforceability of the electronic documents, signatures and deliveries prior to the time the withdrawal of your consent is processed. If your email or other address for electronic communications changes, please let us know promptly by contacting 1-877-407-3224. The following hardware and software are required to access and retain the electronic documents: Adobe Acrobat Reader software, version 6.0 or higher, computer running the latest version of Microsoft Internet Explorer or another compatible browser capable of viewing the site in 128 bit encryption.
2. Term, Billing, Payment, and Early Termination Charges. Unless otherwise specified on the Service Order, the term of the Agreement is month-to-month. With the exception of usage based charges, you will be billed monthly in advance for the Broadband Services. In addition, installation, set up, or construction charges may apply. You agree to pay all charges stated in your bill, including any taxes or surcharges, by the due date. If you do not pay your bill in full by the due date you will be assessed a fee of the greater of 3.0% of the invoice amount or $10.00. The unpaid portion of your bill will also incur interest, from the due date until paid, at 3.0% per month or the highest rate allowed by law. We may also discontinue some or all of your Broadband Services until payment is received. In the event that we disconnect your Broadband Services for nonpayment, you may be required to pay a reconnection fee. If we incur expenses collecting any past amount due from you, you agree to pay our expenses including, but not limited to, court costs, service fees, collection fees, and attorney’s fees. It is our preference that you sign up for the automatic bank draft payment method and that we provide invoices to you electronically. We may offer discounts to you if you sign up for our preferred automatic payment method. If you elect to receive a paper invoice, you will incur a $4.95 charge for each paper invoice. Please contact your local office for any current discounts and
paper invoice charges.
Early Termination Charges. If your Broadband Services are for a term of more than one month and are terminated by you for any
reason prior to the expiration of your then current term or by us due to your breach of this Agreement, including your failure to pay, we
may charge you, as liquidated damages and not as a penalty, an amount equal to (i) any outstanding and unpaid amounts, whether or not
previously invoiced, for Broadband Services rendered prior to the date the Broadband Services are terminated, (ii) 100% of the monthly
recurring fees for the terminated Broadband Services, including usage based fees, multiplied by the number of months remaining on the
then current term, and (iii) any unpaid non-recurring fees associated with the terminated Broadband Services, including any costs and
charges incurred by us related to the installation and implementation of the Broadband Services. Such Early Termination Charges will be
due within 30 days of Broadband Service cancellation.
3. Refund Policy. There are no refunds for rendered Broadband Services. Subject to the provisions regarding Early Termination
Charges, if you voluntarily terminate your Agreement with us and you have paid us in advance for Broadband Services not yet rendered
by us, then, after receiving a final invoice from us, you may request a refund equal to the credits listed on your final invoice. All such
refunds are subject to the following conditions: (i) your account must be current; (ii) all equipment provided to you by us must be returned
to us in proper working condition; (iii) all requests for a refund must be made within sixty (60) days of the date you receive a final invoice
from us; and (iv) all requests for a refund must be made to our customer service department at 1-877-407-3224.
4. Equipment. We will install equipment in and around your residence. This equipment may include, but is not limited to, a Network
Interface Device (“NID”), set top boxes, remote controls, and cabling (collectively the “Equipment”). Unless you purchase the Equipment,
the Equipment is our property. You agree that you will not move any of the Equipment to another location outside your residence either
temporarily or permanently. You are responsible for the care and maintenance of the Equipment located at your residence. You agree not
to modify the Equipment in any way. If any of the Equipment is damaged, modified, lost, destroyed, tampered with, or stolen while in your
possession, you will be responsible for the reasonable cost of repair or replacement of the affected Equipment. When you cease being a
customer or move from your current location, you are responsible for returning the Equipment to us, with the exclusion of any wiring or
Equipment located outside your residence, and obtaining a signed receipt from us. You agree that you are responsible for the cost of the
commercial electric service required to operate the NID.
5. Installation; Access to Premises. You hereby authorize us and/or our contractors to enter your residence during normal business
hours, or by appointment, to install, inspect, maintain, replace, or remove the Equipment. You also grant us the right to enter onto your
property at all reasonable times, even if you are not present, to install, inspect, maintain, replace or remove any of the Equipment located
outside your residence. Unless we are grossly negligent or intentionally harm any persons or property, we will not be responsible or liable for any damages caused by us while performing work on your property or in your residence. We are not responsible for the operation, maintenance and repair of your television, computer or any other device owned by you to which we establish a connection. You may not install any device or equipment to our inside wiring or Equipment that will impair the integrity of our Equipment or network, including, but not limited to, cable signal and bandwidth leakage. You agree that we will have no liability for any lost wages and expenses you may incur as a result of any present or future work to be performed by us or any appointment made to perform present or future work. If you are not the owner of the residence or other premises upon which our Equipment or Broadband Services are to be installed, you warrant that you have obtained the consent of the owner of the premises for our representatives to enter the premises for the purposes described in this section. You agree to indemnify and hold harmless the Company, its affiliates and their representatives from and against any claims of the owner of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys’ fees). In some instances, installation, set up or construction charges may apply as specified on the Service Order.
6. Limitation of Liability and Indemnification.
CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER’S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER’S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, ITS AFFILIATES OR PARENT CORPORATION, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY’S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT THERE IS NEGLIGENCE ON THE PART OF COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE BROADBAND SERVICES.
Customer agrees to defend, indemnify and hold harmless Company, its affiliates and Parent Corporation, from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer’s breach of any term of the Agreement.
7. Jurisdiction and Venue. Jurisdiction and venue for all disputes will be Evansville, Indiana. Both parties expressly waive the right to request a trial by jury regarding any legal dispute arising from this Agreement. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or the Broadband Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8. Miscellaneous. The Agreement may not be assigned by Customer. Company may assign this Agreement without Customer consent. In the Agreement, wherever a singular word is used, it shall also include the plural whenever required by the context and vice versa. The invalidity or unenforceability of any provision of the Agreement shall not affect the other provisions, and the Agreement shall be construed in all respects as if such invalid or unenforceable provision had not been a part of the Agreement. All headings and captions are for convenience only, and will not be interpreted to have independent meaning or to modify any provision of the Agreement. The format, words and phrases used in this Agreement shall have the meaning generally understood in the broadband and communications industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party. The Agreement represents the entire understanding between the parties and supersedes all prior agreements and representations whether express or implied, oral or written. Customer acknowledges that Customer is not entering into this Agreement in reliance on any term, condition, representation or warranty not expressly stated in the Agreement. The following provisions shall survive the expiration or termination of the Agreement: Sections 4, 5, 6, 7 and 8.
Additional Terms of Service Addendum
All defined terms hereunder that are not specifically defined below shall have the same meaning ascribed to them as in the Terms and Conditions.
1. Purpose. The purpose of this Addendum is to specify in detail the additional terms and conditions that apply to the Broadband Services. These additional terms of service are part of the Agreement between us so please read them carefully. In the future, if you order additional Broadband Services from us, as they become available, you may be required to execute separate terms and conditions for such services.
2. Suspension of Services. In the event that we reasonably believe that you are using the Broadband Services for any detrimental or unlawful purpose orin contravention with the terms and provisions of the Agreement, without limiting any of our legal remedies, we may immediately discontinue one or all of your Broadband Services without notice to you or liability. Upon such occurrence any prepaid fees will be forfeited by you. Revocation of service does not relieve you of the obligation to pay any amount due and owing as of the date of termination, including any early termination charges.
4. Service Packages, Service Availability and Promotions. We reserve the right to change any aspect of a Broadband Service offering either individually or as part of a bundled package. Without limiting the foregoing, such changes may include pricing, service features, channel lineup, preempting previously advertised programming and customer eligibility requirements. Some of our services are not available in all markets. From time to time, we may offer promotions, such as price discounts or service upgrades. Promotions may be strictly limited and subject to change with respect to length, market and circumstances offered. Such promotions may not be available to all customers.
5. Additional Video Service Terms and Conditions. To the extent that you receive any video services from us you agree to the following terms and conditions:
a. All video content provided by us is subject to copyright protection and you are not authorized to copy and distribute for sale, or to retransmit any such content. You may also not charge admission for the viewing of our video service. Notwithstanding the foregoing, to the extent permitted by law, you may make personal recordings of video content for your personal use only.
b. Other than a standard industry recording device (e.g. a DVR or VCR), you may not install or attach any device to our Equipment that can record and store our video content including, but not limited to, an external computer hard drive. If you have any questions about whether a device is authorized, you are encouraged to call us for clarification.
c. If you, or somebody at your residence, order pay-per-view programming from us, you will be obligated to pay for such programming. We recommend that you utilize an access code for ordering pay-per-view programming to prevent accidental and unauthorized orders. If you have questions about how to program an access code please refer to our
equipment guide or contact us.
d. Ohio Customer Service Standards: Pursuant to Ohio Revised Code 1332.26 (D), we shall meet all of the following customer service standards with respect to Services provided to our Ohio video customers: (i) we shall restore video service within seventy-two hours after you report a service interruption or other problem if the cause was not a natural disaster; (ii) Upon a report by you of a service interruption and if the interruption is caused by us and lasts for more than four hours in a given day, we shall give you a credit in the amount of the cost of each such day’s video service as would be billed to you; (iii) Upon a report by you of a service interruption and if the interruption is not caused by us and lasts for more than twenty-four consecutive hours, we shall give you, for each hour of service interruption, a credit in the amount of the cost of per hour video service as would be billed to you; (iv) We shall give you at least thirty days’ advance, written notice before removing a channel from our video service, but no such notice is required if we must remove the channel because of circumstances beyond our control; (v) We shall give you at least ten days’ advance, written notice of a disconnection of all or part of your video service, except if any of the following apply: (a) Disconnection has been requested by you; (b) Disconnection is necessary to prevent theft of video service; (c) Disconnection is necessary to prevent the use of video service through fraud; (d) Disconnection is necessary to reduce or prevent signal leakage as described in 47 C.F.R. 76.611; (vi) We shall not establish a due date earlier than fourteen days after a video service bill is issued; (vii) We shall not disconnect all or part of your video service for failure of you to pay any amount of its video service bill, until the amount is at least fourteen days past due; (viii) We shall give you at least thirty days’ advance, written notice before instituting an increase in video service rates.
5. High Speed Internet Services. To the extent you receive high speed Internet service from us; you agree to abide the following terms and conditions. These terms and conditions supersede all other High Speed Internet Service terms and conditions in the Agreement.
a. As a part of our Internet service, we may provide you with access to free software downloads for things like virus protection, spam filtering and pop up blockers. So long as you are our customer, you have a limited license to use such software for your personal use only. You are prohibited from reverse engineering, copying, or otherwise modifying any of the software code. In the event you cancel your high speed Internet service with us, you agree to stop using such software and destroy any copies of the software you have made on your computer or otherwise.
b. You understand that all speed and throughput levels for our Internet services stated in the Service Order are “up to” levels and represent the higher end of the ranges of speed and throughput you can expect to receive from our Internet service. Because there are many factors outside of our control, including, but not limited to, your computer configuration, that may affect the speed of your Internet service, we do not guarantee that our Internet service will perform at any speeds or throughput levels.
c. If, in our sole judgment, you are uploading and/or downloading a significant amount of data, we reserve the right to impose a reasonable usage based charge and/or change your subscription to a higher Internet service package as a condition of continuing service with us.
e. You understand and acknowledge that we reserve the right to restrict any content or services that may otherwise be available through your Internet connection if we determine, in our sole judgment, that: (i) such content is illegal; or (ii) our network or business is put at risk by such content.
6. Additional Phone Service Terms and Conditions. If you choose to receive phone service from us, you agree to abide the following terms and conditions. These terms and conditions are in addition to all other Phone Service terms and conditions in the Agreement.
a. You may not use the phone service for any of the following: (i) autodialing or continuous or excessive call forwarding; (ii) fax broadcast or fax blasting; (iii) telemarketing including, without limitation, polling, political solicitation, or charitable solicitation; (iv) unlawful activities; (v) abusive conduct including, without limitation, threatening, harassing or fraudulent behavior; or (vi) any purpose that threatens the safety, security or use of our network or our business including, but not limited to, excessive usage. You may not resell our phone service or equipment. If, in our sole and reasonable judgment, you are excessively using any of our phone service features or packages, including but not limited to unlimited long distance, we reserve the right to require you to subscribe to a higher level phone service package as a requirement of continuing your phone service with us.
b. Special Provisions Regarding E911 and Other Emergency Services. YOUR VOICE SERVICES INCLUDE 911/ENHANCED 911 (E911) FUNCTIONALITY THAT MAY DIFFER FROM THE 911/E911 FUNCTIONALITY FURNISHED BY OTHER PROVIDERS. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911/E911 USING THE COMPANY’S VOICE SERVICES. YOU AGREE TO ADVISE ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER OUR VOICE SERVICES OF THESE LIMITATIONS. You acknowledge that your services are electrically powered and that your voice services, including the ability to access 911/E911 emergency services and home security and medical monitoring services may not operate in the event of an electrical power outage or if your broadband cable connection is disrupted or not operating. The location and address associated with your voice services will be the address identified on the service order. You acknowledge that under the terms of this agreement, you are not permitted to move the Company’s Equipment (including phones we provide) from the location in which it has been installed. If you do so, you do so in violation of this Agreement and at your own risk. Furthermore, if you move your phone or other Equipment to an address different than that identified on the service order, calls from you to 911 will appear to 911 emergency service operations to be coming from the
address identified on the service order and not the new address. We utilize telephone numbers that are assigned in accordance with applicable numbering rules. Our voice services cannot accommodate the assignment of a telephone number outside of the telephone rate center to which that number is appropriately assigned. You understand that 911/E911 may not function if voice services are interrupted for any reason, including but not limited to failure of Company Equipment, a power outage, failure of the Company’s network or facilities, network congestion, or suspension or disconnection of your services because of nonpayment.
c. You understand that our phone service may be provided under the authority of a telephone tariff filed with your State’s Public Utility Commission. Our tariff which contains additional terms and conditions regarding your phone service is hereby incorporated in the Agreement by reference.
7. Cooperation with Law Enforcement. If, in our sole and reasonable judgment, we believe you are using any of our Broadband Services for an illegal purpose, you acknowledge and agree that we may provide information about your usage to proper legal authorities for investigation and prosecution. You also agree that we may forward information about you and your use of the Broadband Services in response to law enforcement requests, subpoenas, court orders or similar requests when we reasonably determine that the disclosure of such information is appropriate and warranted under the circumstances.
8. Additional Changes to the Agreement. We reserve the right to further amend the Agreement to change or add terms and conditions of use. You agree so long as we notify you of these changes in the “billing news” section of your bill or through some other reasonable means of notification; you will abide by such additional terms and conditions. You acknowledge and understand that if your Agreement with us is month-to-month and, if you do not agree with any changes to the Agreement, you may cancel your service. If your Agreement with us is for a term longer than one month (e.g. 12 or 24 months) and you do not agree with a change to the Agreement materially adverse to you, you may terminate your service with no further liability by delivering written notice to us no later than thirty (30) days following the date we notify you of the change. Your continued use of the services after the expiration of such thirty (30) day period will be deemed your consent to any such changes.
9. Technology Service Fee. We have eliminated a number of separate fees and service charges, and consolidated them into a monthly $9.95 Technology Service Fee. This means you will not be charged for, other than installation, any service call, technician visit, equipment replacement, or for service/repair of any other equipment owned by us. Our equipment or our wiring, inside or outside your house, will be repaired at no cost to you other than this Technology Service Fee subject to the following:
a. Coverage. When you call us to report trouble with a Broadband Service, we will test to determine the origin of the problem. If we determine that the problem is coming from the inside wiring we installed, subject to the limitations in this Addendum, we will repair or replace the defective wiring and/or jacks at no cost to you. If we determine that the problem is coming from any other source within your premises including, but not limited to, your equipment or wiring you installed, we reserve the right to charge you for any work we perform on your behalf to fix the problem.
b. Exceptions to Coverage. The following are excluded and not a part of this section: (i) any damage caused by an “Act of God” (earthquake, flood, acts of war, fire, lightning, wind or fire); (ii) gross or intentional damage caused by you to the inside wiring; (iii) damage to our Equipment (iv) any wiring you install; (v) repair or replacement of any of your equipment; (vi) repair or replacement of wires or jacks that we cannot access; (vii) any wiring issues that existed prior to the date we installed the Services at your premises;
and (viii) problems occurring in any horizontal or vertical risers owned by another party.
As your service provider, we understand how important protecting your privacy is to you. The purpose of this policy statement is to explain how we treat your personally identifiable information. Generally, personally identifiable information is any information that identifies you individually. Aggregate non-individual information about a group of subscribers, which may include you, is not considered personally identifiable information. At all times our goal is to protect your personally identifiable information with care and respect for your privacy.
1. Information Collected About You. In the course of providing you our cable television services, we collect certain information that identifies you personally from all other subscribers. This information may include any of the following: your name, service address, billing address, telephone numbers, social security number, driver’s license number, e-mail address, and credit information. We also maintain customer service records about you relating to the following: billing and payment records, equipment usage, credit history, violations of your agreement with us, your service packages, the types and location of equipment installed by us in your home, number of televisions connected to our service, equipment service calls and repairs, and whether you rent or own your home, if required to provision service. We may also collect information about your video and audio equipment to aid in providing customer service support. From time-to-time, we may also collect customer satisfaction surveys, interviews, and questionnaires from you. We also keep records of all calls, e-mails, and correspondence received from you and sent to you by us.
2. Why We Collect Your Personal Information. We collect the personally identifiable information described above to help provide you with the best and highest quality cable television service possible. We also collect this information for related business purposes and as may be required by our contractual and legal obligations.
3. How We Use Your Personal Information. We utilize your personally identifiable information for the following purposes: installation of equipment, repair and maintenance activities, billing of services, quality of service improvement, customer service, advertising and marketing, verifying compliance with all applicable laws, verifying compliance with contractual obligations, tax and accounting purposes, and creating and marketing better service packages to you.
4. Parties Who May Receive Your Personal Information. The following parties may receive or have access to personally identifiable information about you: our employees, agents and contractors, accountants, billing and collection services, credit reporting agencies, and authorized governmental bodies. Unless you object by contacting our customer service department or mailing us your written objection, we may also disclose personal information, limited to your name and address, to some of our vendors. We may not disclose the extent of any viewing or other use of our cable services by you or the nature of any transaction made by you over our cable system as part of such disclosure. These vendors are also obligated to treat your personal information as confidential and may not disclose it to any third
parties without your consent. It is also important for you to understand that we do not sell or give access to your personal information to any third party for telemarketing, direct mail or solicitation.
5. Disclosure Required by Law. As part of civil litigation, if we are required by a valid court order, we may provide personal information about you to a party requesting such information provided that you are notified of such order by the party to whom the order is directed. We may also disclose your personal information to a governmental entity pursuant to a valid court order, if such entity offers clear and convincing evidence that you are reasonably suspected of engaging in criminal activity and that the information sought would be material to their case, and you are afforded an opportunity to appear and contest such entity’s claim. We may also have to disclose the name and addresses of individuals as they appear in our subscriber records with respect to those who owe, or are owed, welfare support as part of an administrative subpoena from a state welfare agency. No court order or notice to you is required for such disclosure.
6. Retention of Your Personal Information. We may retain your personal information as long as you are our customer or until it is no longer needed for business or legal purposes, most notably for tax and accounting purposes. When your information is no longer needed for such purposes, we destroy the information unless there is an outstanding request pursuant to a court order.
7. Access to Your Personal Information. You have the right to inspect any of our records that contain your personal information for the purpose of correcting such records. If you wish to inspect your records, please notify us in writing and we will arrange such access, during normal business hours, at our local office.
8. Your Rights and Remedies. Under Federal law you have a civil cause of action for damages, attorneys’ fees and litigation costs in Federal Court should you believe that we have violated our obligations to protect your personally identifiable information under applicable Federal law.
If you experience any problems with your cable television service that you would like to report, please contact our Customer Service team at: 877-407-3224.
You represent that you have read and agree to be bound by the AUPP and Terms and Conditions, and that you are at least eighteen years of age. METRONET may revise and update this AUPP and/or Terms and Conditions at any time by posting the amended terms to the METRONET web site. Your continued use of the Service(s) means that you accept and agree to the revised AUPP and/or Terms and Conditions. If you disagree with the AUPP and/or Terms and Conditions (as amended from time to time) or are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services. You should visit the AUPP and Terms and Conditions often to be aware of any updates.
Personally Identifiable Information: The only personally identifiable information METRONET obtains about individual Users through the Services it provides is information supplied voluntarily by the User. Users may provide METRONET with name, address, telephone number, billing information, email address, domain name or URL or other personally identifiable information that METRONET may use for its own business purposes. METRONET may share such information with its partners which perform certain services for METRONET and such partners shall have access to User information, to the extent needed to perform their services or as necessary to advance METRONET business purposes, including the purpose of contacting Users about new products and services, which may be of specific interest to Users. However, our partners may not use such User information for any other purpose.
Non-Personally Identifiable Information: METRONET does collect some non-personally identifiable generic information about Users as a means of measuring the effectiveness of the Services. METRONET servers monitor and identify certain User information in the normal course of operation. We collect this information only in the aggregate and use it to evaluate and improve the Services delivered and to provide targeted information that may be of interest to Users. The following are examples of non-personally identifiable generic information.
IP Addresses: An IP address is a number that is automatically assigned to a User’s computer whenever that User is using the World Wide Web. Web site servers can automatically identify individual computers by their IP address. METRONET collects IP addresses for the purposes of system administration and to report aggregate information. METRONET does not intentionally link IP addresses to any personally identifiable information.
Computer Settings: Settings, technical and other information from your computer, such as your operating system, browser version, connectivity, various communication parameters and other information related to the operation and interaction of the Services may be collected by METRONET. Except as otherwise provided in this policy, METRONET will use such information solely in order to provide technically appropriate formatting of information provided by METRONET and access to the Services. The collection of this information will not include any personally identifiable information about you or any individual User.
The Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. Unlawful purposes include, without limitation, unauthorized use of any of the following: material protected by copyright, trademark, trade secret or other intellectual property rights; government and military data protected by law and national security; or, university and academic data protected by public policy; or
dissemination of material that is obscene; defamatory; or, constitutes wire fraud; an illegal threat; is abusive; obstructive; an invasion of privacy; harassing or libelous; or violates export control laws; or that constitutes “Hate Speech;” or that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. Any violation of the above, which compromises the integrity of the Services or any other network, is strictly prohibited. Users shall not use the Services in a manner that may expose METRONET to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this AUPP.
Non-Participation: Any User who does not wish to receive further contacts from METRONET should send a written request that METRONET not contact the ‘non-participating’ User. Please send the written request by U.S. mail in an envelope clearly marked “Privacy-Urgent” to METRONET 8837 Bond Street, Overland Park, KS 66214, Attn: Cinergy MetroNet,
Disclosure Pursuant to Legal Process: METRONET shall, pursuant to applicable law, regulation or legal process, such as a search warrant, subpoena or court order, allow access to all available and relevant User information in order to comply with such process and protect METRONET’s or a User’s rights and property. METRONET may also allow access to this User information in special emergencies where physical safety is at risk.
Transfer of Business Assets: METRONET considers its User information to be one of its business assets. Should METRONET sell or transfer all or substantially all of its business assets to another entity, the User information will be transferred as a business asset.
Third Party Web Sites: METRONET is not responsible for the content or the privacy practices of third party Web sites, including Web sites reached through the Services. Other Web sites may have different privacy policies, or no policy. Users should review the privacy policies of any Web site before providing personal information.
METRONET may, in its sole discretion, assign to User the right to use multiple e-mail accounts as part of User’s Internet Services. User shall be responsible for all e-mail accounts assigned to User by METRONET regardless of whether User personally uses such accounts. User agrees to use all e-mail accounts assigned to User by METRONET for lawful purposes only. METRONET reserves the right to suspend the use of any free e-mail account assigned to User for any reason. Without limiting the foregoing, METRONET will automatically delete any e-mail account that has not been used by User for three hundred sixty (360) consecutive days. User will lose all access to any e-mail account assigned to User by METRONET within twenty eight (28) days of the termination of User’s Internet Service for any reason.
Availability of Content and Services
User understands and acknowledges that METRONET reserves the right to restrict any content or services that may otherwise be available through the Services if, in METRONET’S sole opinion, its network or business is put at risk or the capacity of its network is diminished. METRONET reserves the right to charge third party content and/or application service providers, who use METRONET’S network for commercial purposes in competition with METRONET’S current or future content or application services, a reasonable network access fee to gain access to its network.
Responsibility for Content
User is solely and exclusively responsible for any material User distributes, copies, creates, or otherwise makes available through the Services. METRONET takes no responsibility for any material created or accessible on or through the Services, or the Internet. You shall be solely responsible for all content available on or through your web site, if any, and METRONET expressly disclaims any and all liability for any such content. METRONET is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that METRONET becomes aware that any such material created by Users may violate any part of this AUPP and/or may expose METRONET to civil or criminal liability, METRONET reserves the right to block access to such
material, and suspend or terminate Services provided to any User creating, storing or disseminating such material. METRONET further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that METRONET deems responsible for the wrongdoing.
Users shall not use the Services to transmit, distribute or store material that is illegal, as reasonably determined by federal law or by any regulatory authority or METRONET, including but not limited to illegal pornographic material (including child pornography), defamatory, libelous, threatening, harassing, abusive, hateful, or excessively violent material.
Material accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Services in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Services, you must not use that domain name in violation of the trademark, service mark or similar rights of any third party.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Under the Digital Millennium Copyright Act (“DMCA”), enacted in 1998, copyright holders are provided a recourse against violations of their rights by online services or violations on the Internet. If you believe that any material on the METRONET Web sites are infringing your copyrighted material or that METRONET is the hosting service provider and should be notified of a potential copyright infringement, please follow the procedure set forth below to make your claim. This procedure should only be used for making claims of copyright infringement.
This information does not take the place of advice from your legal counsel. METRONET is providing this information to Users for informational purposes only.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
If you believe that a Web page hosted by METRONET is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the METRONET designated agent as described below:
Contact at METRONET:
8837 Bond Street
Overland Park, KS 66214
Please mark the envelope – Attn: Copyright Claims
Fax: (317) 981-8051
Attn: In-house Counsel – Copyright Claims
For your complaint to be valid under DMCA, your notification must be in writing and contain the following information (DMCA, 17U.S.C. §512(c)(3)):
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit METRONET to locate the material;
4. Information reasonably sufficient to permit METRONET to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should be aware that complainants who make false claims or misrepresentations concerning copyright infringement may be liable for damages under the DMCA.
COUNTER-NOTIFICATION IN RESPONSE TO CLAIM OF COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notice, please forward your counter-notice to METRONET’s designated agent at the address noted above. This process will invoke a dispute between you
and the complaining party.
Your counter-notification must be in writing and contain the following information:
1. A physical or electronic signature of an authorized person;
2. Identification of the material that was removed or access to which was disabled and the location at which material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located and that you will accept service of process from the complainant.
You should be aware that substantial penalties under U.S. law apply for a false counter-notice filed in response to a notice of copyright infringement.
METRONET reserves the right to reject or remove any material residing on or transmitted to or through the Services that it, in its sole discretion, believes is unacceptable or in violation of the law, this AUPP, and/or the Terms and Conditions. You agree that METRONET may immediately remove content posted by you, your employees or users if METRONET believes such content is unlawful, violates the AUPP and/or Terms and Conditions, or such removal is done pursuant to the Digital Millennium Copyright Act. You further agree that, upon METRONET’s request, you shall terminate service to any of your users who, in METRONET’s sole discretion, have violated the AUPP, Terms and Conditions, or applicable law or regulations.
Users shall not use the Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Services, any other network or equipment, or other Users.
Users shall not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use
of credit cards.
Users may not use the Services to send unsolicited email messages, including, without limitation, bulk commercial advertising or informational announcements (collectively referred to as “Spam”), including, without limitation, actions such as using an email account on METRONET’s network to send Spam, or using the service of another provider to send Spam or to promote a site hosted on or connected to the Services. In addition, Users may not use the Services in order to (a) send email messages which are excessive and/or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, “mailbombing”, (e) send or receive email messages in a manner that violates the use policies of any other internet service provider, (f) use an email box exclusively as a storage space for data, or (g) post the same or similar message to one or more newsgroups (excessive cross-posting or multiple posting). An email message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages.
Monitoring by METRONET
METRONET reserves the right, but is under no obligation, to monitor the material residing on or transmitted to METRONET’s Web sites, or through the Services. However, your use of any of the Services evidences your consent that METRONET may monitor the METRONET Web sites, the Services and/or server contents at any time to (1) comply with any necessary laws, regulations or other governmental requests, this AUPP and/or the Terms and Conditions; (2) operate the server properly; or (3) protect itself and its Users.
User Submissions and Grant of License
By posting or submitting content to METRONET’s Web sites, you:
1. grant to METRONET, its affiliates and licensees, the royalty-free, worldwide, perpetual license to use, reproduce, display,
transmit, copy, perform, adapt, modify, distribute, and promote the content in any form, in any medium, and for any purpose; and
2. warrant and represent that you own or otherwise control all of the rights to such content and that any use of your content by METRONET will not infringe any rights of any party whatsoever.
All materials contained in METRONET’s Web sites are protected by national and international copyright and trademark laws. Except as expressly authorized by METRONET, you agree not to copy, reproduce, transmit, publicly display, sell, license, rent, modify, distribute, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the foregoing sentence, you may print or download one copy of the materials or content on METRONET’s Web sites on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices which pertain to the material copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by METRONET or any third party owner of such rights.
Use of Our Marks
All METRONET names and logos and all related product and service names, service marks, trademarks design marks and slogans are the property of METRONET (“METRONET Marks”). You are not authorized to display, copy, transmit, reproduce, modify or use any METRONET Mark in any manner without the prior written consent of METRONET. The METRONET web site may contain other products, services and company names that may be the intellectual property of their respective owners.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND THE INTERNET GENERALLY.
THE MATERIALS ON METRONET’s WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND METRONET AND ITS PARENT CORPORATION AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION AND MATERIALS CONTAINED IN, ACCESSED FROM, OR VIA, THE METRONET WEB SITES, SERVERS OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MATERIAL ON METRONET’s WEB SITES OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. METRONET DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE METRONET WEB SITES, THE SERVICES SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE METRONET WEB SITES, OR THROUGH THE SERVICES.
AS A USER, YOU AGREE THAT IN NO EVENT SHALL METRONET OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSIBLE FROM THE SERVICES, OR THE USE, RELIANCE UPON ANY INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) impersonating METRONET personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, “flooding”, mailbombing”, “denial of service” attacks or “crashing”, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another User’s account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for the Services. Violations of system or network security may result in civil or criminal liability. METRONET will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Violations. You understand that METRONET employs an abuse interface to monitor and manage reported violations of this AUPP, Terms and Condition, system or network security, any law or regulation, or other network abuses and that METRONET may notify you of any reported violations by you, your users and/or employees. Use of the Services constitutes consent to monitoring. If a User is suspected of hacking or violating network security, the User may be subject to criminal and civil liability. METRONET will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation
Suspension; Termination; Access Restriction. You agree that any violation by you, your employees or users of this AUPP and/or Terms and Conditions may result in suspension or termination of service, without notice, and at METRONET’s sole option. You agree that METRONET shall not be liable for any damages of any nature suffered by any you, your Customers, any other User, or any third party resulting in whole or in part from METRONET’s exercise of its rights under this AUPP and/or Terms and Conditions. You further agree that METRONET may terminate your service if any law enforcement agency, acting within its jurisdiction, advises that the Services are being used in violation of the law. METRONET reserves the right, in its sole discretion, to terminate your access to any or all METRONET Web sites and the related services or any portion thereof at any time, without notice.
Violations of this AUPP may be reported at the following email: email@example.com
User may not resell the Services, or any portion thereof, or otherwise charge others to use METRONET, or any portion thereof. Further, User will not redistribute the Services, or any portion thereof, whether or not User receives compensation for such redistribution.
You agree to indemnify and hold METRONET, and its subsidiaries, affiliates, partners, investors, directors, officers, agents, and employees, harmless from any and all loss, cost, expense, and damage regarding any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses, including reasonable attorneys’ fees, that may be initiated against METRONET or its officers, directors and employees due to or arising out of 1) your or your users’ violation of the AUPP and/or terms and conditions of this Agreement, or 2) your use of the Services, including, without limitation, any claims related to Web space content submitted, posted, transmitted or made available through your Web site, including claims of copyright or trademark infringements, or that the Web site contains any matter that is libelous or scandalous; or 3) your violations of any local, state or federal regulations or 4) your violation of the proprietary and/or privacy rights of any party whatsoever.
If any part of this AUPP is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the AUPP shall continue in full force and effect.
This AUPP is governed by, and construed in accordance with, the laws of the State of Indiana without giving effect to any principles of conflicts of law. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN VANDERBURGH COUNTY, INDIANA, OR, IF APPROPRIATE, A FEDERAL DISTRICT COURT LOCATED IN VANDERBURGH COUNTY, INDIANA FOR RESOLUTION OF ANY DISPUTE, ACTION OR PROCEEDING ARISING IN CONNECTION WITH THIS AUPP OR YOUR USE OR NON-USE OF THE SERVICES, AND YOU FURTHER IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY SUCH DISPUTE, ACTION OR PROCEEDING.