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WNY Web Internet
Services
General
Use Policy
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Western New York Web
(WNY Web) offers Internet access and related services through its system
to its subscribers.
WNY Web does not and cannot control
the content, quality or accuracy of information available through its system(s)
or over the Internet in general. These terms and conditions of sale set
forth the basic rules which apply to WNY Web's services and use of its
system. WNY Web may change these terms and conditions of sale in the future
upon notice published on-line or otherwise provided by WNY Web. By using
WNY Web's services and system, a subscriber agrees to comply with the terms
and conditions of sale as published online or otherwise available from
WNY Web from time to time. If any change to the terms or conditions of
sale, WNY Web's services, system or pricing is unacceptable to a subscriber,
the subscriber may terminate its account in accordance with Section 5 below. |
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2. Lawful
Use |
| WNY Web's services
and system may only be used for lawful purposes and consistent with all
rights of other parties. Without limiting the foregoing, WNY Web's services
and system shall not be used in a manner which would violate any law or
infringe any copyright, trademark, trade secret, right of publicity, privacy
right or any other right of any person or entity or for the purpose of
transmitting or storing of material which is obscene, libelous or defamatory.
Use and access to other networks through WNY Web's system must comply with
the rules for such other networks. |
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3. Changes
to Service |
| The services provided
by WNY Web are expected to change from time to time. WNY Web reserves the
right to change any service offered on its system without notice, including changes to access and use procedures,
such as idle disconnections, and/or system hardware and software. |
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4. Payment
Terms |
| A subscriber must pay
fees per WNY Web's rate schedule in effect from time to time as a condition
to obtaining access to WNY Web's services and system. Rate changes will
be effective when published on-line or otherwise provided to subscribers.
Payment terms of monthly fees are net immediately. A late fee of five dollars
($5.00) will be charged to the account if payment is not received within 1 days
of the month in which such charges are incurred. Payments not made within 30 days of billing date
are considered delinquent. Delinquent accounts are subject to immediate
suspension and/or termination without notice. Delinquent accounts may also be
reported to credit bureaus and sent to a collection agency. Monthly charges will not
be prorated. |
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5. Termination
and Suspension |
| Either subscriber or
WNY Web may, at its sole discretion, terminate the subscriber's account
at any time with or without reason. WNY Web also may, at its sole discretion,
suspend a subscriber's account at any time with or without reason. Monthly
charges will not be prorated. TERMINATION OR SUSPENSION DOES NOT RELEASE
LIABILITY FOR CHARGES DUE. WNY Web may delete all data, files or other information
that is stored in subscriber's account upon termination.
To
terminate your subscription you must send an
e-mail
or a letter (within 2 days of termination, maximum)
Send Letter to: Western New York Web
20 Genesee Street
Cuba, NY 14727 There is
no partial monthly credit at the time of termination.
All other subscription terminations will be prorated on a monthly basis.
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6. No
Warranty; Limitation of Liability |
| Use of WNY Web's services
and system and the Internet in general is at user's sole risk. WNY Web
does not warrant that its services and system will be uninterrupted or
error free; nor does WNY Web make any warranty as to the results or information
obtained from use of its service or system or the Internet in general.
WNY Web's services and system are
provided on an "as is," "as available" basis without warranties of any
kind, either expressed or implied, including implied warranties of merchantability
or fitness for a particular purpose, all of which warranties are hereby
expressly disclaimed except to the extent any warranty cannot be disclaimed
under applicable law. Under no circumstances shall WNY Web be liable for
any indirect, incidental, special or consequential damages, including,
without limitation, loss of profits. The maximum liability of WNY Web to
any subscriber or user for any and all loss, claim, damage or liability
of any kind, including due to WNY Web's negligence, shall be limited to
the amount paid by the subscriber or user to WNY Web during the six month
period preceding the claim. |
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7. Indemnity |
| The subscriber agrees
to indemnify and hold harmless WNY Web, its directors, officers, partners,
shareholders, agents, employees and its other subscribers from any and
all claims, liabilities, damages, or expenses, including attorney fees,
arising out of or resulting from any and all use of subscriber's account
whether or not authorized. Non-Transferability Subscriber's account and
right to use WNY Web's services and system is not transferable without
WNY Web's consent. Subscriber agrees to protect its password and account
and to keep them secure from unauthorized users and use. |
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8. Confidentiality |
| Electronic mail and
other transmissions passing over the Internet and through Western New York Web system are not confidential. Accordingly, WNY Web cannot guarantee the
protection or privacy of any information of any user. WNY Web reserves
the right to monitor a user's mail and transmissions as a necessary incident
to providing service and otherwise to protect the rights or property of
WNY Web. WNY Web will not disclose any such information unless required
to do so pursuant to a court order, subpoena, or similar legal request
or otherwise on the advice of counsel. |
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9. Interpretation |
| These terms and conditions
supersede all other written and oral communications or agreements with
regard to the subject matter. A waiver or modification of these terms and
conditions shall only be effective if in a writing signed by an authorized
officer of WNY Web. These terms and conditions shall be governed by and
interpreted in accordance with the laws of the State of New York without
regard to choice of law principles. |
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New
York Web