1. The 'A to Z Broadband' service (the "Service")
consists of computing services, software, information
services, and information provided by 'A to Z Broadband' . ("Service Providers"). The Service,
which is provided under the service/product brand name
'A to Z Broadband' , also offers subscribers access
to information and software that may be owned or made
available by third parties. The terms and conditions
of this service agreement constitute the entire agreement
(collectively, the "Agreement") between the
Service Providers and the subscriber with respect to
the Service and supersede all other communications.
Billing for the Service is provided by and through
'A to Z Broadband' .
2. Upon Notice published over the Service, the Service
Providers may modify this Agreement, the Operating
Rules or prices. The Service Providers may discontinue
or revise any or all other aspects of the Services
at their sole discretion and without prior notice.
3. Unless otherwise agreed, Subscriber's right to
use the Service or to designate Subscribers is not
transferable and is subject to any limits established
by the Service Providers, or by Subscriber's credit
card company if billing is through a credit card.
4. Subscriber agrees to indemnify the Service Providers
against liability for any and all use of Subscriber's
account.
5. Subscriber is responsible for and must provide
all telephone and other equipment and services necessary
to access the Service.
6. Subscriber EXPRESSLY AGREES THAT USE OF THE SERVICE,
WHICH INCLUDES THE CONTENTS THEREOF, AND ANY STORAGE
OR USE OF INFORMATION IS AT Subscriber's SOLE RISK.
NEITHER THE SERVICE PROVIDERS, 'A to Z Broadband'
, NOR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYERS,
OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THE SERVICE PROVIDERS, 'A to Z Broadband' , OR ANY OF THEIR SUBSCRIBERS, LICENSORS, EMPLOYEES
OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SERVICE OTHER THAN THOSE WARRANTIES
WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE SERVICE
IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR USE WITH RESPECT TO THE SERVICE OR INFORMATION.
NEITHER THE SERVICE PROVIDERS, 'A to Z Broadband'
, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
OR DISTRIBUTING, 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 ANY WARRANTY.THE PROVISIONS OF THIS SECTION_6
WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
7. Except as may be expressly permitted by the copyright
owner(s), subscriber may not reproduce, redistribute,
retransmit, publish, or otherwise transfer or commercially
exploit any information which they receive through
the Service.
8. The provisions of paragraphs 8 and 9 are for the
benefit of the Service Providers and their Information
Providers, Licensors, Employees and Agents, and each
shall have the right to assert and enforce such provisions
directly on its own behalf.
9. Subject to the terms of this Agreement, the Service
Providers grant to Subscriber a personal, non-exclusive,
non-assignable and nontransferable license to use and
display the Service Provider's Information software
("Software") on any machine(s) of which Subscriber
is the primary user. Unauthorized copying of the Software,
including software that has been modified, merged or
included with the Software, or the written materials
associated therewith is expressly forbidden. Subscriber
may not sublicense, assign, or transfer this license
or the Software. Any attempt to sublicense, assign
or transfer any of the rights, duties or obligations
under this license is void.
'A to Z Broadband' provides you with access to the
Internet. Generally, the Internet consists of the following
areas available through 'A to Z Broadband' : Email,
FTP, and the World Wide Web. The Internet is not owned,
or operated by, or in any way affiliated with 'A to Z Broadband' or any of its affiliates, licensors, or service
providers; it is a separate, independent network of
computers and is not part of 'A to Z Broadband' .
Your use of the Internet is solely at your own risk.
When using the Internet and all of its components,
Subscribers must conduct themselves responsibly according
to the Internet's own particular code of conduct. Participating
successfully on the Internet is a matter of common
sense. Although the Service Providers do not control
the Internet, your conduct on the Internet when using
your 'A to Z Broadband' account is subject to the
Service Providers'. Because 'A to Z Broadband' and
the Service Providers strive to be good Internet citizens,
'A to Z Broadband' subscribers are prohibited from
engaging in certain conduct on the Internet through
or by means of 'A to Z Broadband'.
The Service Providers reserve the right to prohibit
conduct, communication, or Content on 'A to Z Broadband' which it deems in its discretion to be harmful
to any Subscriber, the communities which comprise 'A to Z Broadband' , and third-parties' rights, or to violate applicable
law. Notwithstanding the foregoing, neither the Service
Providers, nor its Information Providers, have the
practical ability to restrict conduct, communication
or Content which might violate the 'A to Z Broadband'
Rules prior to transmission on 'A to Z Broadband'
, nor can they ensure prompt editing or removal of
actually or potentially violating Content after online
posting. Accordingly, you acknowledge that neither
the Service Providers, 'A to Z Broadband' , nor any
Information Provider shall assume or have any liability
for any action or inaction by the Service Providers
or any Internet Content Provider with respect to conduct,
communication or Content on 'A to Z Broadband' .
This Agreement contains the full understanding of
the parties with respect to the subject matter hereof,
and no waiver, alteration, or modification of any of
the provisions hereof shall be binding on either party
unless in writing and signed by duly authorized representatives
of the parties. Neither the course of conduct between
parties nor trade practice shall act to modify the
provisions of this Agreement.
'A to Z Broadband' is not responsible for any charges
assessed by your local or long distance telephone service.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event
shall 'A to Z Broadband' be liable for any damages
whatsoever (including without limitation, direct or
indirect damages for personal injury, loss of business
profits, business interruption, loss of business information,
or any other pecuniary loss) arising out of the use
of or inability to use this product.
