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PLEASE
READ CAREFULLY EMPIRE ACCESS provides its subscribers with
access to the Internet only on the terms and conditions set forth
herein. Your signature on the front page of the Service Application
above constitutes acceptance of such terms and conditions. 1. EMPIRE
ACCESS agrees to provide its Internet Access Service (the "Service")
to the applicant named above ("Customer") for Customer's
private use. Customer does not have the right to resell Empire Internet
Access Service. The Internet Access Service cannot be shared between
multiple dwellings or residences. 2. CUSTOMER EXPRESSLY AGREES THAT USE OF
THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER EMPIRE ACCESS NOR ANY OF ITS
PARENT COMPANIES, LICENSERS, EMPLOYEES OR AGENTS WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE
IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER
EMPIRE ACCESS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH
OF WARRANTY. 3. Customer acknowledges and agrees that there are
limited technical means available to provide privacy and security
on the Internet. EMPIRE ACCESS will not intentionally disclose the
contents of private files to third parties without Customer's written
permission or a court order or subpoena. However, EMPIRE ACCESS
reserves the right to inspect electronic mail if necessary to debug
electronic mail software or to reroute electronic mail that has
been misaddressed or misrouted. System administration tasks may
also expose the contents of Customer's files to EMPIRE ACCESS personnel.
For its part, Customer recognizes that there are unscrupulous people
who know how to circumvent system security. Accordingly, Customer
agrees to guard its password carefully, move private and important
files to its own system if possible, and will not send by electronic
mail or keep online anything that it does not want read. 4. EMPIRE
ACCESS will cooperate with law enforcement officials and with other
system administrators in the legitimate investigation of suspicious
activity. Intentional violations of privacy of other users by Customer,
whether on the EMPIRE ACCESS system or at another site, will be
grounds for immediate termination of Customer's Service and may
make Customer subject to civil or criminal penalties. 5. EMPIRE
ACCESS reserves the right to immediately terminate service of any
customer who jeopardizes the efficiency of the system by sending
unsolicited mass e-mail, commercial or otherwise (SPAM) or posting
commercial messages to inappropriate newsgroups. 6. Customer acknowledges
that by its nature, use of the Internet means that certain information
about Customer and its activities will be visible to other users
through well-known system commands. Accordingly, such information
will be treated as public information. This includes Customer's
name, the fact that Customer has an account, when and for how long
Customer is logged in, and the commands Customer runs. 7. EMPIRE
ACCESS by providing the Service does not, in any way, control or
edit the content of any material placed on the Internet by its subscribers
or any third parties, nor does it in any way control, limit or edit
the material or its content which Customer may access or become
exposed to on the Internet. Customer is solely responsible for any
information which it places on the Internet, which it accesses on
the Internet or which it uses through the Service; in particular,
Customer is solely responsible for the legality of any such information
or the access or use thereof. Some information accessible on the
Internet may be offensive either because of its content (including
sexually explicit material), or the language used in expressing
ideas. Customer is solely responsible for choosing to read or view
any material it accesses on the Internet. EMPIRE ACCESS expressly
disclaims any and all liability from all claims for damages arising
out of, or claimed to arise out of, encountering any such material.
8. The Service may only be used for lawful purposes. Some material
available on the Internet may be copyrighted or constitute a trade
secret, and some material may have been placed on the Internet in
violation of U.S. or other copyright laws. Customer is solely responsible
for determining the legal status of any intellectual property it
uses or duplicates using the Service. Traffic in access codes, credit
card numbers or similar information is unlawful. Any use by Customer
of the Service for unlawful purposes will constitute grounds for
EMPIRE ACCESS to discontinue Customer's Service. 9. All use of the
Service must conform to the restrictions associated with Customer's
account and as set forth herein. EMPIRE ACCESS reserves the right
to terminate the Service if Customer violates such restrictions.
Prior to commencing use of the Service, Customer agrees to review
and comply with the additional limitations imposed by the software
provider, Open Text Corporation, in the form of the Program License
Agreement set forth at the back of the Open Text Manual. Specifically,
Customer acknowledges that it is the "end user" as such
term in used in the Program License Agreement, and is legally bound
by the provisions of the Program License Agreement. 10. The sharing
of passwords or accounts is strictly prohibited and violators are
subject to the cancellation of such Customer's Service without prior
notice. The resale of the Service or any other associated services
by any and all means is restricted unless approved in advance in
writing by EMPIRE ACCESS. 11. Customer's usage billing period begins
on the 1st of each month and ends on the last day of the month.
EMPIRE ACCESS will furnish a bill to Customer on a monthly basis.
Payments are due within 30 days of the date of the bill. All EMPIRE
ACCESS Service accounts, whether for individual or business customers,
are single user/station accounts. Sharing the account with persons
other than family members residing in an individual Customer's household,
whether for compensation or otherwise, is strictly prohibited. EMPIRE
ACCESS reserves the right to assess an appropriate new rate or terminate
the Service (this does not apply to unlimited access accounts).
12. Customer is responsible for all actions it takes or causes to
be taken in connection with its use of the Service. As a condition
of the Service, Customer agrees to indemnify and hold harmless EMPIRE
ACCESS, its parent corporations (Empire Tel.Corp.) and their respective
officers, employees, agents, and shareholders from any claim or
cause of action by Customer or any third party for any damages arising
out of, or claimed to arise out of, Customer's use of its account,
or the use of such account by any person whatsoever, to access the
Internet or any information thereon. 13. EMPIRE ACCESS’ return
check charge is $33.00. 14. Customer may cancel its Service, in
writing, at any time. EMPIRE ACCESS may terminate the Service at
any time upon any violation by Customer of any of the terms and
conditions contained herein. Otherwise, EMPIRE ACCESS may terminate
the Service upon 30 days prior written notice to Customer. 15. EMPIRE
ACCESS reserves the right to change the rates and otherwise modify
the terms and conditions of this Agreement by notifying Customer
10 days in advance of the effective date of such proposed changes.
If Customer does not request its Service to be terminated, it will
be conclusively presumed that Customer consents to the new terms
conditions, and rates as so notified. 16. The Internet may contain
viruses, which, if not eliminated, may destroy parts or all of the
data contained in your computer. EMPIRE ACCESS has no control over
the existence or elimination of any such viruses. Specifically,
EMPIRE ACCESS does not provide any filtering or checking of data
to eliminate viruses. Customer agrees to provide its own mechanism
for checking its computer system for viruses obtained through the
Service. Further, Customer agrees not to introduce, knowingly or
unknowingly, any virus onto the Internet system or EMPIRE ACCESS’
hosts. Further Customer will hold EMPIRE ACCESS harmless from, and
indemnify EMPIRE ACCESS for, any damages resulting from any viruses
introduced by Customer onto the Internet or into EMPIRE ACCESS systems.
17. EMPIRE ACCESS maintains a help desk to address its customers'
connectivity issues. This desk can be very busy at times. In the
event that we are busy with other customers when you call, a voice
mail system is in place so that you may leave a message. Repeated
redialing in order to 'speak to a live body' will only move you
to the bottom of the queue. Please do not leave messages of a general
technical support nature on an employee's private extension. That
person is the only one who can access their voice mail messages
and if he or she is out for the day or on vacation, you could have
a long wait for a response. We realize that many people are not
at their best when things are not going well. A calm explanation
of the problem at hand is usually the quickest path to a solution.
We are here to help you. Abusive messages left in our voice mail
or abusive conduct when speaking to an EMPIRE ACCESS help desk technician
MAY result in a termination of service. 18.
EMPIRE ACCESS does not warrant or promise that any of our access
numbers are local to you. In particular, we urge you to note that
even an access number that shares your area code or appears to be
located in your general geographic region may not necessarily be
a local number to you. Substantial toll telephone charges may apply
to numbers that you do not verify as local to your individual area
or calling plan. Your local telephone company can tell you whether
any of your access numbers are in fact local to you. We urge you
to check with your local telephone company before selecting an access
number. 19. The terms and conditions contained herein supersede
all previous representations, understandings or agreements and shall
supersede any other terms and conditions of any order submitted
or prior price quoted. 20. This agreement is made under and shall
be governed by and construed in accordance with the laws of, the
State of New York applicable to agreements made and performed in
New York. Any cause of action of Customer or its designated users
with respect to the Service must be instituted within one year after
the claim or cause of action has arisen or it will be barred. 21.
EMPIRE ACCESS reserves the right to bill a reconnect fee for services
after termination for non payment, $25.00 for dial up account and
$150.00 for DSL account. 22. EMPIRE ACCESS holds the right to manage any network abuse appropriately. 23. The installation of any software and or hardware on a customer computer is at the discrepancy of the EMPIRE ACCESS technician. 24. Download and upload speeds are not guaranteed, and are advertised at the highest burst speed. Speeds may fluctuate based on traffic levels.
Copyright © 2000 by EMPIRE
ACCESS Corp. all rights reserved.
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