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EATEL Internet Service Agreement

Advanced Tel, Inc. (d/b/a EATEL) agrees to provide and User agrees to receive access to EATEL Internet Services according to the following terms and conditions:

GENERAL

  1. All provisions of this Agreement apply to all accounts billed to the User.
  2. The benefits of, or rights conferred by the Agreement are non-transferable. Use of EATEL internet account is expressly limited to the individual whose name appears on the account and dependents of the account holder living at the same address.
  3. User may not resell or give-away access to EATEL Internet Services. This includes, but is not limited to, online access, Web storage, email, newsgroups, etc.
  4. EATEL reserves the right to disconnect users who have or create excessive usage.
  5. A residential Customer with a static IP address is prohibited from using such static IP service for any commercial purposes whatsoever. This restriction shall include sale or free access to EATEL internet service in any form or fashion. In the event that residential Customer uses such static IP service for any commercial purposes or other prohibited purpose, EATEL may, at its option, disconnect such service or charge Customer business rates for such service.
  6. User is responsible for all hardware and software necessary to connect to EATEL. EATEL IS NOT RESPONSIBLE IN ANY REGARD FOR DAMAGE CAUSED DIRECTLY OR INDIRECTLY TO SUCH HARDWARE OR SOFTWARE.
  7. User agrees to use the service in a manner consistent with any and all applicable U.S. and international laws, regulations, treaties or statutes.
  8. If user is less then eighteen years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to the use of User’s account(s).
  9. User is responsible for all use User’s account(s) and confidentiality of password(s).
  10. EATEL will suspend access or change access to User’s accounts immediately upon the notifications by User that his or her password has been lost, stolen, or otherwise compromised.
  11. Account must be canceled by phone or postal mail. No refunds will be given.

CHILDREN'S PRIVACY

Our websites are not directed at, or intended for use by children under the age of 13. We do not knowingly allow anyone under 18 to provide any personal information to our website. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you may contact us at 866-712-3422 and we will delete the information. You can find more information about protecting children's privacy by contacting the Federal Trade Commission (FTC) or by viewing its website at http://www.ftc.gov.

BILLING

  1. User is responsible for any applicable long-distance telephone charges for connecting directly to EATEL.
  2. User agrees to pay EATEL all charges relating to the use of User’s account(s) according to rates and prices at the time the service is used. EATEL reserves the right to modify rates and charges at any time.
  3. Charges for EATEL Internet Services shall appear on a monthly bill mailed to User’s known billing address. Where possible, EATEL Internet Service charge shall appear on User’s local telephone bill, under headings labeled Internet Services.
  4. User is responsible for charges at the time the service is used.
  5. EATEL reserves the right to charge compounding late fees and/or collection expenses. In cases where EATEL Internet Services directly bills User, this rate will be the maximum permitted by law. Where charges appear on User’s local telephone bill, late fees will be calculated based on the telephone company’s delinquent fee schedule.
  6. EATEL reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of charges.

OWNERSHIP/COPYRIGHT

  1. Information available on EATEL Internet Services is property of EATEL or its information providers. User shall not redistribute or commercially exploit such information to any third party without the express written permission of its owner(s).
  2. Information providers have the right to assert and enforce such copyright provisions directly on their own behalf.
  3. User submitting information on EATEL Internet Services grants EATEL the non-exclusive permission to distribute the information product worldwide. User retains all rights User may have for such information.
  4. Any licensed software provided by EATEL at no charge to the customer for Internet access and/or navigation will be revoked upon disconnection of EATEL Internet Access Services.
  5. User acknowledges and agrees to comply in all respects with applicable copyright law. Further, User acknowledges and accepts EATEL’s Infringement Claim/DMCA Policy which can be found at http://www.eatel.com/dmca.
The Walt Disney Company and its affiliated company content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN, Movies.com, SOAPNet or any other Disney Company)(“Disney Content”) shall not be edited, transmitted, distributed, reproduced or modified in any part or copied onto any media, except that the Subscriber may download one copy of the Disney Content on a single computer for the Subscriber’s personal, noncommercial home use only, provided that (i) the Subscriber keeps intact all copyright and other proprietary notices, (ii) the Subscriber makes no modifications to the Disney Content, (iii) the Subscriber does not use the Disney Content in a manner that suggests an association with any of Disney’s products, service or brands. Subscriber agrees that The Walt Disney Company, its subsidiary, and affiliated companies, and each of their respective officers, directors, employees, agents and assigns will not be held liable for any delays, inaccuracies, errors, or omissions in the Disney Content or in the transmission or delivery of all or any part of the Disney Content, or for any damages arising from any of the foregoing.

USE OF THIS SERVICE IS UNDERTAKEN SOLELY AT YOUR OWN RISK

Information, products and services offered through the internet are offered by third parties that at not affiliated with EATEL. Except for information, products or services clearly identified as being supplied by EATEL, Eatel does not operate, control or endorse any such information, product or services in any way. EATEL cannot and does not guarantee or warrant that files available for downloading through the Internet will be free of viruses that manifest contaminating or destructive properties. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or are unsuitable for minors (persons under 18 years of age). You agree to supervise usage by any minors when you agree to use this service. You access such materials at your own risk, and EATEL has no control over and accepts no responsibility whatsoever for such materials.

MONITORING AND REMOVAL OF CONTENT

EATEL is under no obligation to monitor the Services. However, EATEL reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its server that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in EATEL's possession about or related to you, your use of the Services or otherwise as EATEL deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

LAW ENFORCEMENT INFORMATION

As a provider of Internet and telecommunications services, EATEL routinely receives legal requests for customer information from government and law enforcement personnel. We also receive discovery requests in civil litigation. In all such cases, our policy is to cooperate as required by law, but to provide only such information as the law requires. This information is generally sought by subpoena served on EATEL. Under current law, many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact and the volume of requests EATEL receives, we cannot assume any duty to notify you of any receipt of any legal requests. Note that the law does permit EATEL to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of any communications, if we reasonably believe that an emergency involving danger of death or serious physical injury requires such disclosure without delay.

INTERNET SECURITY- TAKING PROPER PRECAUTIONS

Maintaining the security of your own personal computer is an important part of protecting your own privacy and of helping us protect our network and our customers' service. You should use and update regularly your antivirus software, firewall and your operating system to prevent unauthorized access by others and harm from various forms of viruses. Persons with questionable intent may utilize the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before responding with personal information. To avoid these and other forms of attacks, we encourage you to visit the Federal Trade Commission (FTC) for updates and tips on protecting yourself. EATEL may take protective action related to your service or contact you directly with information from time-to-time to help with this effort.

INSTALLATION

You authorize EATEL personnel and/or its agent to enter your premises (the "Premises") at mutually agreed upon times in order to install, maintain, inspect, repair and remove the Service. If you are not the owner of the Premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the Premises for EATEL personnel and/or its agents to enter the Premises for the purposes described above. You shall indemnify and hold EATEL harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement. You acknowledge and agree that installation of the Service (including the Licensed Software) may require EATEL personnel and/or its agents to open your computer. You further acknowledge and agree that installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer's systems files and that EATEL may periodically update such software. EATEL neither represents, warrants, nor covenants whatsoever that such modifications will not disrupt the normal operations of your computer. EATEL shall have no liability whatsoever for any damage resulting from the installation and/or use of the Licensed Software or file modifications. EATEL is not responsible for returning your computer to its original configuration prior to installation.

LIMITATIONS OF WARRANTIES AND LIABILITY

THIS SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. BY USE OF THIS SERVICE, OR ANY RELATED INFORMATION, SOFTWARE OR PRODUCT, THE USER ACKNOWLEDGES AND AGREES TO THE FOLLOWING:

  1. THAT NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING BUT NOT LIMITED TO THOSE OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, HAS BEEN MADE BY EATEL WITH RESPECT TO THIS SERVICE, ITS USE, OR ANY INFORMATION OR SOFTWARE THEREIN;
  2. EATEL EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE;
  3. EATEL DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICE IS ERROR-FREE OR THAT ITS OPERATION WILL BE SECURE OR UNINTERRUPTED. FURTHER, NO SPECIFIC SPEED IS GUARANTEED, THOUGH EATEL WILL USE ITS BEST EFFORTS TO PROVIDE ADVERTISED SPEEDS. EATEL HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF; AND
  4. EATEL IS NOT RESPONSIBLE FOR USER’S PERSONAL INFORMATION RESIDING EITHER ON USER’S PERSONAL SYSTEM OR EATEL’S SYSTEM. EATEL MAKES NO WARRANTY THAT ALL ERRORS OR FAILURES CAN OR WILL BE CORRECTED. IN THE EVENT A COURT SHOULD HOLD THAT THE LIMITATION OF LIABILITIES OR REMEDIES AVAILABLE AS SET OUT IN THIS AGREEMENT ARE UNENFORCEABLE, YOU AGREE THAT EATEL’S ENTIRE LIABILITY FOR DAMAGES CONCERNING PERFORMANCE OR NONPERFORMANCE, IN ANY WAY RELATED TO USE OF ANY EATEL INFORMATION, SOFTWARE OR OTHER PRODUCT, BY VIRTUE OF THIS SERVICE, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNT RECEIVED BY EATEL FROM THE CLAIMANT DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.

INDEMNIFICATION

You agree to indemnify and hold EATEL, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by EATEL or any third party due to or arising out of your use of or conduct on the Service. EATEL will notify you within a reasonable period of time of any third party claim for which EATEL seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to EATEL's interests, as reasonably determined by EATEL.

OPERATION

  1. EATEL reserves the right to change without notice the EATEL Internet Service including buy not limited to access procedure, hours of operation, menu structure, commands, documentation, and services offered.
  2. EATEL reserves the right to delete User’s account(s) if delinquent for more than three (3) months.
  3. EATEL reserves the right in its sole discretion to delete any information entered onto EATEL by User. EATEL and its authorized representatives have the right, but are not obligated to edit public information.
  4. User hereby agrees that any material submitted for publication on EATEL through User’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything obscene or libelous.
  5. User hereby agrees to refrain from engaging in any and all forms of spamming. (See EATEL’s official spamming policy.)
  6. EATEL, at its sole business judgment, may terminate this Agreement and suspend access to User’s account(s) upon breach of the Agreement including but not limited to refusal or failure to pay for services provided.
  7. EATEL reserves the right to terminate access to service for any principal or associate account(s) due to inactivity or misuse for any reason in EATEL’s sole discretion.
  8. Use of distribution lists in electronic mail or other mass electronic mailing is subject to approval by EATEL membership services.
  9. This Agreement shall be governed by the laws of the State of Louisiana. Any Claims or causes of action related to EATEL must be instituted within one (1) year after the claim or cause of action has arisen.
  10. EATEL may modify these terms and conditions upon notice published online via electronic mail. User’s use of EATEL after such notice shall constitute User’s acceptance of the modification to this Agreement implied in fact.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and EATEL’s agreement on all other is not affected.