Internet Service Agreement
Terms of Service
INTRODUCTION
By using The City of Williamstown’s Internet service ("Service") or
by establishing an account, you agree to be bound by this Agreement
and to use the Service in compliance with this Agreement, our
Acceptable Use Policies and all other use policies. If you do not
agree to the Terms of Service, including any future revisions, you
may not use the Service, and if you have an account you must
terminate it as provided herein. We, the City of Williamstown, your
Internet service provider (the "ISP"), reserve the right to revise
the Terms of Service and you accept sole responsibility for
periodically reviewing them for any and all changes. Your continued
use of this Service following the posting of any revisions to the
Terms of Service constitutes your acceptance of those revisions.
1. SUBSCRIBER OBLIGATIONS
(A) End users establishing an account with the ISP ("Members") must
be at least 18 years old. Local access dialup numbers may not be
available in all areas. You are solely responsible for determining
if use of a particular dialup number will cause you to incur
long-distance, toll, or other charges. ISP is not responsible for
any long-distance, toll or other charges you incur.
(B) Members must (i) provide ISP with accurate and complete billing
information including legal name, address, telephone number, and
credit card/billing, and (ii) report to ISP all changes to this
information within 30 days of the change. Members are responsible
for all charges to their account.
(C) Members are billed each month for the basic service and any
additional usage or services. Members are responsible for paying all
charges billed to their account in the manner and method prescribed
on their invoice. ISP is not responsible for any charges or expenses
(overdrawn accounts, exceeding credit card limits, etc.) resulting
from charges billed by ISP.
(D) If ISP has failed to pay any underlying service provider all
amounts owing for your account - whether or not you have paid ISP -
your account will be subject to suspension or cancellation until you
or ISP has paid all amounts due.
(E) Delinquent accounts may be suspended or canceled at ISP's sole
discretion; however, charges will continue to accrue until the
account is canceled. ISP may bill an additional charge to reinstate
a suspended account.
2. A SPECIAL NOTE CONCERNING MINORS
Protecting children's privacy is especially important to us. It is
our policy to comply with the Children's Online Privacy Protection
Act of 1998 and all other applicable laws. ISP recommends that
children ask a parent for permission before sending personal
information to ISP, or to anyone else online. If you are under the
age of 13, you are not authorized to provide us with personally
identifying information, and we will not use any such information in
our database collection activities. We appreciate your cooperation
with this federally mandated requirement.
3. MEMBER'S ACCOUNT, PASSWORD AND SECURITY
Members receive a user name, password and account designation upon
registration. You and members of your household are the only
authorized users of your ISP account and must comply with this
Agreement. You must keep your password confidential so that no one
else may access the Service through your account. You must notify
ISP within 24 hours of discovering any unauthorized use of your
account. Using a personal account for high volume or commercial use
(e.g., revenue generation, advertising, etc.) is prohibited.
Any Member Web site exceeding 20MB of disk space or 250MB of data
transfer may be billed for excess usage. You may establish a
commercial or high-volume account by the ISP. Usernames, passwords
and email addresses are ISP's property and ISP may alter or replace
them at any time.
4. THIRD PARTY SERVICES
Some subscriber data, including contact information, usage levels
and signal quality may be made accessible to third-party
organizations for account management and billing purposes, to
support and troubleshoot individual subscriber accounts and to
resolve wider network issues.
5. MONITORING THE SERVICE
ISP has no obligation to monitor the Service, but may do so and may
disclose information regarding the use of the Service for any reason
if ISP, in its sole discretion, believes that it is reasonable to do
so, including but not limited to: satisfy laws, regulations, or
governmental or legal requests; operate the Service properly; or
protect itself and its Members. Please see our Privacy Policy. ISP
may immediately remove your material or information from ISP's
servers, in whole or in part, which ISP, in its sole and absolute
discretion, determines to infringe another's property rights or to
violate our Acceptable Use Policy.
6. NETWORK MANAGEMENT
While ISP will not unreasonably block access to lawful content or
applications, or discriminate in transmitting lawful Internet
traffic, ISP reserves the right to employ reasonable network
management policies to ensure a quality Internet experience for all
subscribers.
7. COPYRIGHT INFRINGEMENT
It is a violation of this agreement to transmit copyrighted material
or to store such material where it can be accessed by others. This
could be through the use of file-sharing programs that allow for the
download and sharing of music, movies and other copyrighted content,
or any other technology or method that would cause or allow for the
infringement of copyrighted material. While we do not actively
monitor our network or servers for such content or activity, we do
receive regular notifications from content owners pursuant to the
Digital Millennium Copyright Act. As a service provider, when
properly notified, we have a responsibility under this Act to
promptly remove or block access to the content in question. If it is
determined that you are hosting copyrighted material on your
computer, we will notify you to remove the content and may suspend
your account while the copyrighted material is removed from the
computer. If there are repeated violations of this policy your
account may be subject to termination. Therefore, it is important to
also remove or disable features in any programs that allow others to
access copyrighted material from your computer.
8. DISCLAIMER OF WARRANTIES
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS
BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS,
INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET
CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY
RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL SERVICE, PRODUCTS, AND OTHER INFORMATION, AND THE
QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE
SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. ISP DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL
COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH ISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION
GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ISP, EMPLOYEES, SUBSIDIARIES, ITS
LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS
OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILITY
TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT,
INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ISP'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
10. INDEMNIFICATION
Upon a request by ISP, you agree to defend, indemnify, and hold
harmless ISP and its subsidiary and other affiliated companies, and
their employees, contractors, officers, and directors from all
liabilities, claims, and expenses, including attorney's fees that
arise from your use or misuse of this site. ISP reserves the right,
at it own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which
event you will cooperate with ISP in asserting any available
defenses.
11. SOFTWARE LICENSE
ISP grants to each Member a limited, non-exclusive, non-transferable
and non-assignable license to install and use the ISP access
software (including software from third-party vendors that ISP
distributes) (in object code format), its associated documentation,
and any updates thereto ("Licensed Programs") in order to access and
utilize the Service. Each Member agrees to use the Licensed Programs
solely in conjunction with the Service and for no other purpose. ISP
may modify the Licensed Programs at any time, for any reason, and
without providing notice of such modification to a Member. The
Licensed Programs constitute confidential and proprietary
information of ISP and ISP's licensors and embody trade secrets and
intellectual property protected under United States copyright laws,
other laws, and international treaty provisions. All right, title,
and interest in and to the Licensed Program, including associated
intellectual property rights, are and shall remain with ISP and
ISP's licensors. Member shall not translate, decompile, reverse
engineer, distribute, remarket or otherwise dispose of the Licensed
Program or any part thereof.
You may not download, use or otherwise export or re-export the
Licensed Programs or any underlying information or technology except
in full compliance with all United States and other applicable laws
and regulations. By installing or downloading the Software, you
represent and warrant that you are not located in, under the control
of or a national or resident of any country on the U.S. Treasury
Department's list of
Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders.
12. WEBSITE USAGE and OTHER WEB SITES
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because ISP has no control
over such sites and resources, you acknowledge and agree that ISP is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that ISP shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods
or services available on or through any such site or resource. Some
portions of the Website are made available for the free exchange of
ideas by participants and are not regularly monitored nor moderated
by ISP. ISP assumes no responsibility and makes no warranty that it
will undertake to screen or remove such material. You agree to hold
ISP harmless from all claims based upon the materials posted by
others. Also, in exchange for availing yourself of the opportunity
to upload or provide information to this site and any associated
chat rooms or discussion areas, you will indemnify ISP from any
claims made by third parties regarding the material that you
provide. Personal information posted by you to the Website is posted
at your own risk. ISP will have no liability arising from use of
that information. You shall not use the Website to distribute or
publish any advertising of goods or services, solicitations for
funds, or other commercial messages. You agree that you will not
post, upload or otherwise introduce a virus or other harmful code
onto the Website. Your posting of material on the Website or
providing material to ISP to use on the Website, will be deemed to
be a grant by you to ISP of a perpetual, non-revocable, worldwide,
non-exclusive license to the material to include the material on the
Website and to reproduce, publish, distribute, perform, display, and
transmit the material and to prepare derivative works as reasonably
necessary to do so, and you waive all rights of attribution and
integrity with respect to the material.
13. TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this
Agreement and any future versions. If you are dissatisfied with the
Service or any related terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
discontinue using the Service and, if you are a Member, to terminate
your account.
14. TERMINATION
ISP reserves the right, in its sole discretion, to terminate your
account, your password and your use of the Service, with or without
notice. You may terminate your account at any time and for any
reason by providing notice of intent to terminate to ISP by:
* telephone calls directed to Customer Service.
* registered or certified mail, return receipt requested addressed
to ISP.
Email termination of your basic Internet access account will not be
accepted.
If your account included space on ISP's servers, anything stored on
this space will be deleted upon termination. Sections 6, 7, 8, 10,
13 and 14 of this Agreement shall survive termination of this
Agreement.
15. THIRD PARTY BENEFICIARY
YOU AGREE THAT ANY UNDERLYING SERVICE PROVIDER OF ISP'S SERVICE IS A
THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO
ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO ISP
DESCRIBED HEREIN.
16. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, the Privacy Policy, and
ISP's other user policies posted on ISP's website constitute the
entire agreement between you and ISP with respect to your use of the
Service. ISP may revise, amend, or modify this Agreement, the
Acceptable Use Policy and any other user policies, at any time and
in any manner. Any revision, amendment, or modification will be
effective immediately after ISP posts it at its website. This
Agreement is governed by the law of the state in which ISP operates
its main office without regard to conflict of law provisions. The
federal and state courts located in said state alone have
jurisdiction over all disputes arising out of or related to this
Agreement and the Service. You consent to the personal jurisdiction
of such courts sitting in said state with respect to such matters or
otherwise between you and ISP, and waive your rights to removal or
consent to removal.
CONTACT US
For questions or concerns about these policies,
please call us at (859) 824-3633.