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Internet Access and Internet-Related Services Agreement 1. TermsCustomer agrees that Cavalier Telephone, LLC ("Cavalier") will provide Customer with Internet access and Internet-related services. Customer is fully responsible for the use of such services by Customer or anyone whom Customer permits to use Customer's account. Cavalier reserves the right to terminate Customer's account at any time, for any reason, at Cavalier's sole discretion. Customer has agreed to purchase specific Internet access services from Cavalier, together with local telephone service. Customer understands and agrees that Customer's Internet access and Internet-related services from Cavalier are provided under the terms of this agreement and applicable law. Customer further understands and agrees that Customer's local telephone service from Cavalier is provided under the terms of a separate service order and agreement, subject to applicable law and Cavalier's tariffs filed with the FCC and applicable state agencies. Customer has reviewed the services that Customer has ordered from Cavalier, and their prices. Customer agrees not to sell or re-sell any Internet access or Internet-related services provided by Cavalier, including but not limited to Internet access, electronic mail, and Web space. Customer also agrees not to compete with Cavalier in providing any Internet access or Internet-related services, including but not limited to providing Internet dial-up access, xDSL services, electronic mail, Web space, domain hosting, ISDN lines, T1 lines, or other bandwidth provision, from or to anywhere in Virginia, Pennsylvania, Maryland, New Jersey, and Delaware. 2. PaymentCavalier will bill Customer in advance for monthly charges, with adjustments for changes during any month billed on the next month's bill. Payment is due within thirty (30) days after the bill is issued. Interest on late payments or unavailable funds is charged at the greater of 1.5% per month (18% annually) or the highest rate allowed by law. Customer is liable for all charges, including unauthorized charges incurred by a third party through fraud or otherwise. Cavalier may charge a non-interest-bearing deposit on any services or products Customer orders. If Customer has given a credit card account number to Cavalier, then Customer authorizes charges to be billed to that account monthly. Cavalier's billing cycle is based on Cavalier's billing cycle for local telephone service. Customer agrees that all charges are considered valid unless disputed in writing within 25 days of invoice date. Cavalier is not responsible for charges or expenses Customer incurs due to overdrawing Customer's account or exceeding a credit card limit as a result of an automatic charge generated by Cavalier. If Customer has elected to pay for services through a prepayment plan, then the automatic billing described above applies only to charges not paid through the prepayment plan. 3. Customer's Obligations.Customer is responsible for determining whether a Cavalier phone number is within Customer's local calling area, and for all long distance charges Customer incurs in connecting to Cavalier. If Customer is using an unlimited usage plan with Cavalier, Customer agrees (a) not to provide any public information services over this connection, (b) not to use any automatic method to avoid inactivity disconnect, and (c) to keep the connection active only when Customer is actively using it. Customer understands that Customer may cancel Customer's account at any time, effective the end of that billing cycle, unless Customer's Service Order indicates otherwise. Customer understands and agrees that Cavalier may change its prices from time to time, and that Customer will be provided with 15 days written or electronic mail notice of any such changes. Customer understands and agrees that Customer's connection to the Internet and other services is not permanent and is not "always on." 4. Appropriate Use PolicyCustomer agrees to maintain Customer's password as private and confidential information. Customer also agrees to use Customer's account with Cavalier in conformity with all applicable laws and regulations. Customer specifically agrees not to make any attempt to gain unauthorized access to any information systems or networks. Customer agrees not to use Cavalier's services, equipment, or sites (including any Web site that Customer may establish on Cavalier's servers) to transmit another natural or legal person's proprietary name or information content, including but not limited to marks or copyrighted information, without proper written authorization. Customer further agrees that Cavalier has the right, but not the obligation, to terminate Customer's account and/or remove from Customer's account or Customer's Web site any material or information which infringes or allegedly infringes another's property rights. Cavalier shall not be liable to Customer for any damages or losses of any kind whatsoever, for such termination or removal of material, regardless of the accuracy or eventual outcome of any allegations of infringement. Customer understands and agrees that violation of generally accepted guidelines on Internet usage may be illegal, may cause difficulties for Cavalier, and will likely cause termination of Customer's account. Those restrictions include but are not limited to the following:
5. PrivacyCavalier seeks to respect customers' privacy. However, Customer retains the right, but not the obligation, to monitor and disclose the contents of otherwise private communications if Cavalier, in its sole discretion, reasonably believes that such action is needed for situations including, but not limited to, the following: (a) to comply with applicable law, (b) to comply with valid legal process, including any ostensibly valid subpoena or other compulsive process, (c) to cooperate with legitimate police inquiries, (d) to cooperate with lawful civil proceedings, (e) to protect Cavalier's rights or property, (e) to report illegal activity such as the transmission of child pornography, (f) to act in an emergency when a person's safety is threatened, (g) to act in an emergency when a substantial property right is threatened, or (h) for any other purpose which Cavalier reasonably believes outweighs individual privacy interests. Cavalier will not afford electronic mail and other communications the same level of privacy provided by the U.S. Postal Service. Cavalier may also review electronic mail and other communications in the course of assisting Customer in retrieving information or in the course of troubleshooting or maintaining Cavalier's own equipment or facilities. 6. SecurityCustomer understands and agrees that information available through Cavalier's or interconnecting networks may be inaccurate, improper, misleading, defamatory, obscene, hateful, or otherwise offensive. Customer agrees that Cavalier is not liable to Customer in any way whatsoever for any claims related to exposure to any such information. Customer also understands and agrees that Cavalier's or internetworking communications are not secure, and may be subject to interception or loss. Cavalier makes no warranties of any kind, whether expressed, implied, or statutory, concerning the data or information available through Cavalier's or interconnecting networks. 7. DisclaimersCustomer understands and agrees that the use of Customer's account, and any data or information accessed through use of that account, will be completely at Customer's own risk. Customer further understands and agrees that Customer's sole remedy against Cavalier and Cavalier's officers, directors, affiliates, employees, agents, and contractors, for any and all claims relating to the services provided by Cavalier, in contract, tort, or otherwise, is termination of this Agreement. In no event shall Cavalier be liable to Customer for any damages, claims, liabilities, expenses, attorneys' or other professionals' fees, or any other amounts whatsoever. Customer understands that the X-Stop service provided by Cavalier, under license from the software's owner, is intended to prevent the viewing of inappropriate material by children or others. Customer also understands and agrees that the X-Stop service may be circumvented or defeated by the acts or omissions of others or by other known or unknown factors, and that Cavalier makes no warranty, express, implied, or statutory, as to the effectiveness or functioning of the X-Stop service. Customer further agrees that Cavalier shall not be liable to Customer or any other person for any direct, indirect, special, incidental, reliance, consequential, exemplary, or punitive damages, whether foreseeable or not, including but not limited to loss or revenue or profits, for any reason whatsoever, including but not limited to any act or omission, failure to perform, delay, interruption, failure to provide any Service, or any failure or breakdown of facilities associated with the Service. Customer also agrees that Cavalier shall not be liable for any costs, expenses, damages, fees, or penalties related to any mistake, accident, omission, interruption, delay, error, or defect in transmission or Service that is caused wholly or partly, directly or indirectly, by any act or omission of Customer or its agents, employees, representatives, invitees, licensees, contractors, successors, or assigns, or that arise from or are caused by the use of facilities or equipment provided by Customer or anyone else other than Cavalier. If service is disrupted for any reason, then Cavalier's sole obligation is to use its best commercially reasonable efforts to repair the Service. 8. IndemnificationCustomer shall take all reasonable precautions in using the Internet and/or the services provided by Cavalier, to protect against hazard or injury and to avoid interfering with the services provided by Cavalier or the rights of any other persons. Customer agrees to defend, indemnify and hold Cavalier and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from (a) any violation of this Agreement by Customer or any person(s) who uses Customer's account, or (b) the use of the services or the Internet through the placement or transmission of any message, information, software, audio files or other materials by Customer or any person(s) who uses Customer's account. Customer is liable to Cavalier, and shall defend, indemnify, and hold harmless Cavalier, for all of Cavalier's costs, expenses, damages, fees, or penalties, including but not limited to actual attorneys' fees and expenses, related to any damage, mistake, accident, omission, interruption, defect in transmission or service, delay, error, or other problems caused wholly or partly, directly or indirectly, by any act or omission (a) of Customer or its agents, employees, representatives, invitees, licensees, contractors, successors, or assigns, or (b) that arises from or are caused by use of equipment, services, or facilities provided by Customer or anyone else other than Cavalier. 9. TerminationCustomer agrees that Cavalier has the right, but not the obligation, to terminate Customer's account and/or Customer's Internet access at any time, for any reason, including but not limited to breach of this Agreement or nonpayment of any fees or charges when due. If Customer's account is deactivated, then Customer may be required to pay reconnect charges and a prepaid deposit in order to reactivate the account. If Customer's account includes space on Cavalier's server, then anything stored there may be deleted or become unavailable upon deactivation. 10. Governing LawCustomer agrees that this Agreement, and all matters arising out of or related to this Agreement or the services provided under this Agreement, are governed by the laws of the Commonwealth of Virginia and the United States. Customer agrees that the federal or state courts of Virginia shall have exclusive jurisdiction of any claim or dispute with Cavalier arising from or related to this Agreement in any way whatsoever. Customer also expressly consents to the personal jurisdiction of the courts of Virginia in connection with any such dispute, including any claim involving Cavalier or its affiliates, directors, officers, employees, agents, or contractors. 12. ComplaintsReport any violations of any policies, terms or rules under this Agreement to:
General Counsel |