Before you begin to access the Internet through Broadview Networks, you ("you","your", "yourself", and/or "subscriber") must review the following terms and conditions of Broadview Networks Internet Access Service (the "Access Service"). These terms and conditions explain Broadview Networks’ obligations to you, and explain your obligations to Broadview Networks when you use the Access Service and will constitute a binding contract between you and Broadview Networks. Broadview Networks is providing you with the Access Service in consideration of your agreement to abide by these terms and conditions. Please click on the "Accept" button below to indicate your agreement with these terms andconditions.
I. Terms of Internet Access Agreement.
1. To make your use of the Access Service as enjoyable as possible, Broadview Networks has developed Broadview Networks’ Online Policies, which appear at the end of this Agreement and will continue to be refined and revised over time. You agree to abide by Broadview Networks’ Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies.
2. Current account charges, including billing methods, rates, and surcharges for using the Access Service, may be found in Broadview Networks’ Online Policies or may be obtained by calling Broadview Networks Customer Service at 1-800-260-8766.
3. You agree that Broadview Networks may:
(a) revise the terms and conditions of this Agreement (including Broadview Networks’ Online Policies);
(b) revise its billing rates and account surcharges; and
(c) modify the services provided under this Agreement at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Agreement on Broadview Networks home page, or on notification to you by e-mail or United States mail.
4. You agree to review the Agreement (including Broadview Networks’ Online Policies) periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing Broadview Networks with written notice by United States mail, or by contacting Broadview Networks customer service via phone or email. Notice of your termination will be effective on receipt by Broadview Networks.
5. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement (including Broadview Networks’ Online Policies), you accept any such revisions and agree to abide by any such revisions.
6. Broadview Networks reserves the right to distribute informative e-mails to its subscribers on an ad hoc basis that it feels is pertinent to the quality of its service. These announcements may include information about revisions to this Agreement (including Broadview Networks’ Online Policies) and/or modifications to the services provided under this Agreement or other information about Broadview Networks’ services.
II. Registration Information.
1. You agree to provide Broadview Networks with accurate, complete registration information, to promptly notify Broadview Networks of any changes in such information, and to verify such information as Broadview Networks may request. If you do not provide Broadview Networks with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.
2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
III. Internet Access Service.
1. Broadview Networks Internet Access Service will provide you with:
(a) unlimited connectivity to the Internet through Broadview Networks Internet Access Service;
(b) no cancellation fees;
(c) free customer technical phone support; and
(d) fully licensed Internet access software. "Unlimited connectivity" is defined as "flat-rate (i.e. non-metered) access to the Internet via Broadview Networks."
2. The Internet is an international computer network. The Internet is not owned,operated, or managed by, or in any way affiliated with Broadview Networks or any of Broadview Networks’ affiliates. Broadview Networks cannot and does not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
3. You agree that Broadview Networks retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if Broadview Networks, in its sole discretion, determines that you are in violation of this Agreement and/or Broadview Networks’ Online Policies. You agree that, if Broadview Networks determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that Broadview Networks will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.
4. YOU AGREE THAT IF Broadview Networks TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT OR Broadview Networks’ ONLINE POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND Broadview Networks AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that Broadview Networks is under no obligation to forward any email for an account canceled due to a violation. Broadview Networks reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom Broadview Networks suspects is acting on behalf of someone whose account has been canceled for a violation. Broadview Networks reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.
5. Broadview Networks reserves the right to disconnect and/or temporarily suspend an account from Broadview Networks’ service without warning if in Broadview Networks’ sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation of this Agreement or Broadview Networks’ Online Policies.
6. Subject to the provision of the Digital Millennium Copyright Act and any otherapplicable laws and regulations, Broadview Networks reserves the right to remove or block access to, either permanently or temporarily, any files which Broadview Networks suspects or which a third party alleges are associated with a violation of the law, this Agreement or Broadview Networks’ Online Policies or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.
7. Broadview Networks reserves the right to refuse "smarthosting" connectivity and other similar services and procedures to any user who owns or operates an open mail relay.
8. Broadview Networks reserves the right to remove, either permanently or temporarily, any e-mail that has been left on Broadview Networks servers for a period of 45 days or more.
9. If the connection to Broadview Networks’ Access Service has no activity from the user for a period of 20 minutes, then Broadview Networks may disconnect services and end the session.
10. You are responsible for verifying that the phone number your computer isdialing in order to access the Internet through Broadview Networks is a local access number. Any telephone charges associated with your access to the Internet through Broadview Networks are solely your responsibility. Broadview Networks DOES NOT REIMBURSE OR PAY AND SHALL NOT BE RESPONSIBLE FOR ANY OF YOUR TELEPHONE CHARGES FOR ANY REASON.
11. You are responsible for obtaining and maintaining any communicationsequipment necessary to connect to Broadview Networks, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with Broadview Networks’ requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through Broadview Networks services or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.
12. By using the Access Service you agree that neither Broadview Networks nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Access Service.
IV. Content of Communications.
1. The Access Service provides you access to information, communications,software, photos, video, graphics, music, sounds, services and other materiallocated both on Broadview Networks’ computer servers and on the Internet ("Content"). As a matter of policy, Broadview Networks does not pre-screen Content placed on Broadview Networks computer servers by any of its subscribers. Moreover, Broadview Networks does not have the practicalability to monitor, review, or restrict access to Content on Broadview Networks servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations who are not Broadview Networks subscribers. Broadview Networks does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on Broadview Networks’ own servers, nor to monitor all communications between parties. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability or usefulness of any Content available to you on or through the Access Service and for all your communication on the Access Service.
2. You agree that notwithstanding anything herein to the contrary, Broadview Networks has the right, but not the obligation, to remove Content from Broadview Networks computer servers which Broadview Networks, in its sole discretion, determines to be in violation of this Agreement or Broadview Networks’ Online Policies.
3. You acknowledge that you may receive or be exposed to Content, goods orservices which you consider to be improper, inaccurate, misleading, defamatory,obscene or otherwise offensive. You agree that Broadview Networks will not be liable for any action or inaction with respect to any such Content posted on or through the Access Service and the Internet.
V. Copyright and Other Rights.
1. The Access Service provides access to Content that is protected bycopyrights, trademarks, and other intellectual property rights ("Rights") of variousthird parties.
2. You agree that your use of Content shall be governed by all applicable lawsand regulations, and by the specific restrictions placed on such Content by theowners or licensors of the Rights in such Content.
3. You agree not to upload, download, display, perform, transmit or otherwisedistribute on or through the Access Service any material (including, withoutlimitation, any Content to which you have access through the Access Service)that is subject to another party’s Rights, without that party’s express permissionor unless otherwise authorized by law. You acknowledge and agree that anysuch unauthorized conduct:
(a) may result in termination of this Agreement, and;
(b) may expose you to civil or criminal liability. WITHOUT LIMITING THEFOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT Broadview Networks SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
4. You agree that by posting or transmitting or otherwise distributing material toany public area (such as public chat rooms, message boards, newsgroups,webspace or software libraries), you are requesting and authorizing Broadview Networks to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically
(a) grant, and/or represent that owner of any such material has expressly authorized you to grant, Broadview Networks a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or
(b) represent that the publication, distribution, performance and display of such material (in whole or in part) by Broadview Networks, is otherwise authorized by law.
5. With respect to any material stored on a Broadview Networks system at your direction, you acknowledge and agree that in the event that Broadview Networks receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent, Broadview Networks shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify Broadview Networks that such material has been removed or access denied as a result of a mistake or misidentification of the material. Broadview Networks’ policy with respect to such notices is explained in more detail in Broadview Networks’ Online Policies. You also acknowledge and agree that, under appropriate circumstances, Broadview Networks shall have the right to remove or block your access to allegedly infringing Content provided by third parties.
VI. Rights in Broadview Networks Access Service Software and Other Materials.
1. Your use of the Access Service gives you limited rights to use the softwarethrough which you access Broadview Networks Internet Access Service and the Internet (the "Access Service Software"). Broadview Networks grants you a non-exclusive, non-transferable, revocable, limited license or sublicense to use the Access Service Software solely for the purpose of connecting to the Access Service in accordance with this Agreement. Upon the termination of this Agreement for any reason, your license or sublicense to use such Access Service Software shall automatically terminate.
2. You acknowledge that Broadview Networks and its licensors have Rights in the Access Service, including, without limitation, the Access Service Software and related documentation, certain Content provided by Broadview Networks or its licensors, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features.
3. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverseengineer, decompile, or disassemble any Content or any aspect of the AccessService that is owned by or in which Broadview Networks or its licensors have Rights, including, without limitation, the Access Service Software.
VII. NO WARRANTIES.
1. YOU AGREE THAT YOUR USE OF THE ACCESS SERVICE, THE ACCESS SERVICE SOFTWARE, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE ACCESS SERVICE AND THE ACCESS SERVICE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
2. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, Broadview Networks DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO:
(A) LOSS OR CORRUPTION OF DATA;
(B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE;
(C) ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(D) COMPUTER VIRUSES;
(E) NON-DELIVERY OR MIS-DELIVERY OF DATA;
(F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF Broadview Networks OR Broadview Networks SUBSCRIBERS;
(G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS SERVICE,
(8) ANY FAILURE OF ACCESS SERVICE SOFTWARE TO BE YEAR 2000 COMPLIANT; AND;
(9) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND Broadview Networks’ CONTROL.
3. You agree that Broadview Networks’ entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Broadview Networks’ liability is limited to the extent permitted by law.
4. You may not rely on oral or written information or advice given by Broadview Networks’ officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and Broadview Networks’ responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by Broadview Networks to govern the use of the Access Service.
1. You agree to defend, release, indemnify, and hold Broadview Networks, its affiliated companies and licensors, and its and their respective officers, directors,employees, agents, authorized representatives, and subcontractors harmlessfrom all liabilities, claims and expenses, including without limitation reasonableattorneys fees, arising from breach of the Agreement by use of, or in connectionwith the posting or transmission of any Content or other material by or throughyour account on the Access Service.
2. You agree that Broadview Networks has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.
1. You agree that, notwithstanding anything herein to the contrary, you or Broadview Networks may terminate this Agreement for any reason at any time.
2. You agree that your only right with respect to any dissatisfaction with (a) anyagreement term, policy, or practice of Broadview Networks in operating the Access Service, (b) any Content available on or through the Access Service or change therein, or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1 of this section.
3. You agree that Broadview Networks has the right, but not the obligation, to delete all program, data, or other files on Broadview Networks computer servers that are associated with your account at the time of termination.
4. Only the person whose name is on the account shall have the right to changethe user id(s) and/or password(s) for the account, and/or cancel an existingaccount. Some restrictions may apply to your selection of user id.
5. The following fees and charges are non-refundable: Web andPublishing/Development Fees, Domain registration fees, Static IP charges, SubClass C charges and Class C charges, and any shipping and handling charges.
1. You agree that this Agreement and Broadview Networks’ Online Policies (which are incorporated by reference) comprise the entire understanding between Broadview Networks and you, and supersede any prior agreements or correspondence between you and Broadview Networks and/or any postings or other notices from Broadview Networks with respect to the subject matter of this Agreement.
2. You agree that, if any portion of this Agreement (including Broadview Networks’ Online Policies) is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.
3. The Agreement will be governed by the laws of the State of New York,excluding its conflicts of law rules. You and Broadview Networks each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of New York and the federal courts located in the State of New York.
XI. Acceptance by User.
1. I accept the terms of this Internet Access Agreement and agree to be boundby its terms.
BROADVIEW NETWORKS’ ONLINE POLICIES
Broadview Networks’ dedication to customer service means that Broadview Networks strives to maintain an Internet Access Service ("Access Service") that provides Broadview Networks customers with an enjoyable Internet experience, and an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner. Broadview Networks’ Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: Broadview Networks Account Charges; the content of the material that you may find on or through the Access Service; goods and services available online through the Access Service; and procedures for reporting complaints regarding a person’s online conduct.
Broadview Networks’ Online Policies, including the following list of Prohibited/Abusive Activities, are part of your subscriber agreement. Please note that if you engage in any such activities, Broadview Networks may suspend or terminate your account.
As explained in your subscriber agreement, your use of Broadview Networks Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, trade secrets, obscenity, defamation, rights of privacy and publicity, false advertising, and fraud.
In addition to such laws and regulations, when using the Access Service youmust use your best efforts to avoid interfering with any other person’s use andenjoyment of the Access Service. You must also ensure that your use of theAccess Service is governed by generally accepted rules of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers, and take thetime to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on the Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience.
1. PROHIBITED/ABUSIVE ACTIVITIES.
For purposes of the Prohibited/Abusive Activities, the term "content" meansinformation or material of any type capable of being posted or transmitted on orthrough the Access Service, including material in print, graphic, pictorial audio, oraudio-visual form.
When using the Access Service:
(a) Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
(b) Fraud. You agree not to post or transmit any fraudulent content on or throughthe Access Service. This includes any content that you know or have reason toknow is false, and that you intend for others to rely on.
(c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, ormisleading statements, claims, or representations.
(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose. You further agree not to involve or associate Broadview Networks in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising an Broadview Networks-hosted web page, and unsolicited advertisements sent from another service provider which request
that replies be sent to an Broadview Networks email address.
(e) Copyright Violations. You agree not to post or transmit on or through the Access Service any content that infringes another person’s or entity’s copyright in all or any part of the content.
(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any content that infringes, dilutes or otherwise violates another person’s rights in its trademarks, service marks, trade dress, or other indicia of origin.
(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
(h) Obscenity. You agree not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Access Service.
(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
(j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an Broadview Networks official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.
(l) Inappropriate Content. You agree not to post or transmit on or through the Access Service content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
(m) Scrolling. You agree not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service.
(n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other subscribers, users, individuals, or entities.
(o) Violations of Service Providers’ Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.
(q) Abuse of Broadview Networks Procedures. You agree not to make false or unverified complaints against any Broadview Networks subscriber, or otherwise abuse any of Broadview Networks Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse Broadview Networks’ system, or any other system accessible through the Internet via Broadview Networks, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at Broadview Networks or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
(s) SPAM. You agree not to post or cross post, regardless of content, copies of the same message to 20 or more newsgroups.
(t) Support Abuse. You agree not to harass, threaten or abuse authorized representatives of Broadview Networks, including but not limited to tech support representatives, customer relations representatives, and sales representatives, or otherwise abuse Broadview Networks’ support services.
(u) Inappropriate software, products, and services. You agree not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of Broadview Networks or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
(v) Reselling. You agree not to resell Broadview Networks services or products >without an express written agreement with Broadview Networks to do so.
(w)The service is used in a manner which constitutes violation of any tariff, regulation, treaty or law (including, without limitation, copyright, privacy, criminal and international law.);
(x)The service is used in a manner which is intended to abuse or to violate the privacy or property rights of others;
(y)The service is used to attempt to break security, or in fact, to break security of any computer network, or to access an account which does not belong to Customer;
(z)Customer agrees to immediately notify Broadview Networks of any unauthorized use of your account, and/or any breach, or attempted breach, of security know to you;
(aa)Customer agrees that posting commercial messages to a USENET group requires that commercial postings have been approved by the specific USENET group in its charter;
(bb)Forging electronic mail headers (addresses), or any other method used to disguise Customers identity, is strictly prohibited;
(cc)Mail-bombing, which is sending mass amounts of email to one recipient or system, with the intent to render said system dysfunctional;
(dd)Non-authorized relays through any third party systems is strictly prohibited;
(ee)Syn-flood attacks, that is to overburden a recipient computer system by sending a high volume of spurious data which effectively impedes functionality, or totally disables recipient system(s), and any other methods of denial of service, are strictly prohibited;
(ff)The service is used to facilitate primarily a business involving the sale or distribution of pornographic messages or images.
2. CONTENT OF ONLINE MATERIAL.
Broadview Networks Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on Broadview Networks computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.
As a matter of policy, Broadview Networks does not pre-screen Content placed on Broadview Networks computer servers by any of its subscribers. Moreover, Broadview Networks does not have the practical ability to monitor, review, or restrict access to Content on Broadview Networks servers prior to its transmission or to monitor all communications between parties. Thus, there may be Content on Broadview Networks servers which may violate Broadview Networks rules, and you may receive offensive and unsolicited Content that Broadview Networks cannot control.
Broadview Networks retains the right to remove Content from Broadview Networks servers that violates its subscriber agreement (including these On-Line Policies). In particular, Broadview Networks reserves the right to remove or block access to material if it receives appropriate notice that such material infringes the proprietary rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent. However, the Access Service provides access to users who are not a part of Broadview Networks Access Service and Broadview Networks does not have the capability to monitor, review, remove or restrict access to any Content made available by third parties on the Internet.
Accordingly, Broadview Networks cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. Broadview Networks suggests that concerned parents consider using one of the commercially available software programs capable of restricting access to sexually explicit material on the Internet. However, no parental control software is perfect. Your use of such software is solely at your own risk. Broadview Networks makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.
3. PRIVACY OF COMMUNICATIONS.
Broadview Networks intends to respect its subscribers’ privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that Broadview Networks has the right, but not the obligation, to monitor or disclose the contents of private communication, if Broadview Networks, in its sole discretion, reasonably believes that such action is necessary: (a) to comply with applicable law or valid legal process; (b) to protect Broadview Networks rights or property; or (c) in emergencies when a person’s physical safety is at issue.
In addition, Broadview Networks reserves the right under appropriate circumstances to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
4. ONLINE GOODS AND SERVICES.
Broadview Networks does not control or take responsibility for any Content, goods, or services which independent third parties may make available on or through the Access Service. Subscribers may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. Please remember that Broadview Networks does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such Content, goods, or services, and your use thereof is solely at your own risk.
You should use your best judgment and exercise caution when purchasing a product or service through the Access Service. Broadview Networks will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. Broadview Networks assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. Broadview Networks disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.
5. ACCOUNT CHARGES.
Your monthly account charges are payable in advance. However, no cancellation fees will apply if you terminate your account. If you terminate your account, you will receive a prorated refund for any access time credited to your account. However, if your account is terminated by Broadview Networks because of violations of Broadview Networks’ subscriber agreement (including these Online Policies), you will not be entitled to a prorated refund, such forfeiture being agreed to you and Broadview Networks as liquidated damages and not as a penalty.
You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify Broadview Networks of a breach of security by calling Broadview Networks at 1-877-779-8810 and change your password. Please be advised that the contact person or listed owner of the Broadview Networks Internet Account is solely responsible for activities conducted through, on or with their Broadview Networks Internet Account, including activities by other persons (including minors) whether or not authorized by such contact person or listed owner. If you, or someone to whom you have given access to your account, violates the Broadview Networks Internet Access Agreement, your account may be terminated.
If you pay by credit card, you expressly authorize Broadview Networks to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You reauthorize Broadview Networks to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing. Broadview Networks may immediately terminate your account, in Broadview Networks’ sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges.
A billing cycle will begin on the date you purchase the Access Service and will continue for one month from that date. A new billing cycle will begin on the anniversary date of the day of the month on which you purchased the Access Service.
If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by Broadview Networks prior to the first day of each billing cycle. Only accounts with monthly invoices of more than $50.00 can be invoiced. Your account will be considered to be in default if payment of your account charges is not received within fifteen (15) days after the date of your invoice. If your accounts is still unpaid thirty (30) days after the date of your invoice, you may have your Access Service interrupted or terminated.
If any instrument received in payment is returned to Broadview Networks unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is canceled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.
If your account is in default, you are subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If you default on your account, you agree to pay Broadview Networks its reasonable expenses, including attorneys’ fees and collection agency fees, incurred in enforcing Broadview Networks rights under Broadview Networks Internet Access Agreement.
6. Broadview Networks’ COMPLAINT RESPONSE PROCEDURES.
Broadview Networks’ dedication to customer service means that Broadview Networks takes seriously and attempts to respond to all complaints about its subscribers’ use of the Internet. This means complaints by both Broadview Networks subscribers and complaints by other Internet users. Broadview Networks believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.
Broadview Networks will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about Broadview Networks subscribers.
Broadview Networks will respond to any complaint that involves online activities that are Prohibited/Abusive Activities. In particular, Broadview Networks will respond to complaints that material stored on its system at the direction of one of its subscribers or for system caching purposes or to which Broadview Networks provides a link or other reference infringes another person’s copyright as provided for in the Digital Millennium Copyright Act (a "Copyright Complaint") or otherwise violates the criminal or civil laws of the United States, the several states or a foreign country.
HOW TO SUBMIT A COMPLAINT:
1. Form of Complaint
Complaints may be submitted by e-mail (abuse@Broadviewnet.net), fax, or mail.
2. What Information Should be Submitted
A. General Complaints
(i) The IP address used to commit the infraction.
(ii) The date on which the infraction was committed.
(iii) The time at which the infraction was committed (if applicable).
(iv) The time zone relevant to (b) and (c) above (if applicable).
(v) Some evidence of the infraction.
E-mail with full header information provides all of the above criteria. Syslog files Usually provide all but (iv). Other situations will require different methods of providing the above.
B. Copyright Complaints.
If a complaining party wishes to make a Copyright Complaint, it should submit the following information:
(i) Identification of the copyrighted work claimed to be infringed (or if multiple works are claimed to be infringed at a single site, a representative list of such works).
(ii) Identification of the material that is claimed to be infringing or in the case of a reference or link, identification of the reference or link to the allegedly infringing material. Please provide information sufficient to locate such material or reference or link on Broadview Networks’ system
(iii) The address, telephone number, and/or email address of the complaining party or its client.
(iv) A statement that the complaining party or its client has a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the owner’s agent or the law.
(v) A statement that the information being given is accurate.
(vi) If the complaining party is not the copyright owner, a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
(vii) A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right.
(viii) If the material is stored on Broadview Networks’ system for caching purposes, a statement confirming that the material has been removed or access-disabled from the originating site or that a court has ordered such removal or disabling.
If Broadview Networks receives a Copyright Complaint containing the information specified above, it shall promptly remove or block access to such materials.
C. Subscriber Counter Notice
However, if the complaint arises out of a claim that the infringing material was stored on Broadview Networks’ system at the direction of one of its subscribers, Broadview Networks shall attempt to notify the relevant Broadview Networks subscriber of the action taken. If the subscriber believes in good faith that the material was removed or access blocked as a result of a mistake or misidentification, that subscriber may send a counter notice to Broadview Networks’ agent. Such counter notice should include the following:
(i) Identification of the material that has been removed or to which access has been blocked and the location on the Broadview Networks system where the material appeared.
(ii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
(iii) The subscriber’s name, address and telephone number
(iv) A statement that the subscriber consent to the jurisdiction of the U.S. District Court for the federal district in which the subscriber resides and that the subscriber will accept service of process from the complaining party or its agent.
(v) The subscriber’s physical or electronic signature.
Upon receipt of such an appropriate counter notice, Broadview Networks shall promptly replace the removed material and/or cease disabling access to it unless Broadview Networks first receives appropriate notice from the complaining party that it has filed a law suit seeking a court order to restrain the subscriber from engaging in the allegedly infringing activity.
LIABILITY FOR MISREPRESENTATIONS.
Please note that any person who knowingly misrepresents to Broadview Networks that material is infringing shall be liable to Broadview Networks and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Broadview Networks and/or the alleged infringer as a result of Broadview Networks’ relying on such misrepresentation and removing or disabling access to such material.
Similarly, any person who knowingly misrepresents to Broadview Networks that the material was removed or access blocked by mistake or misidentification shall be liable to Broadview Networks and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Broadview Networks and/or the copyright owner or its authorized licensee as a result of Broadview Networks’ relying on such misrepresentation and replacing such removed or blocked material.
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL Broadview Networks CUSTOMER SERVICE DEPARTMENT AT 1-800-260-8766.