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POWER WEB CONNECT TERMS OF SERVICE & ACCEPTABLE USE POLICY
BY ACCESSING POWER WEB CONNECT INTERNET SERVICE OR BY USING ANY POWER WEB CONNECT SOFTWARE OR APPLICATIONS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THE POWER WEB CONNECT SOFTWARE LICENSE AGREEMENT, AND THE POWER WEB CONNECT ACCEPTABLE USE POLICY.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO YOU BY POWER WEB CONNECT.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, YOU MAY NOT ACCESS OR USE THE SERVICE. YOU SHOULD CONTACT POWER WEB CONNECT USING ONE OF THE METHODS OUTLINED IN SECTION 11 WITHIN 30 DAYS OF THE RECEIPT OR VIEWING OF THIS DOCUMENT TO DISCONTINUE SERVICE.
POWER WEB CONNECT ("PWC" or “Power Web” or “POWER WEB”) provides the Service, which is defined below in Section 1, to you subject to your compliance with all of the terms and conditions below, which are collectively referred to as the "Agreement". This Agreement is intended to establish the terms and conditions of only the Service defined in Section 1. Other services provided to you by PWC or by any of its affiliates will not be subject to the terms and conditions of this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.
1. SERVICE
1.1. The Service provided to you by POWER WEB CONNECT may include the following features:
1.1.1. Internet access and/or Internet connectivity.
1.1.2. Electronic mail ("e-mail") capability and the use of a single electronic mail address to enable you to send and receive e-mail communications.
1.1.3. Web Hosting on POWER WEB CONNECT’s server.
1.1.4. E-mail list services.
1.1.5. Server Co-Location.
1.2. Any means of identification assigned to you by POWER WEB in order for you to use the Service is and will remain the property of POWER WEB. At POWER WEB 's sole discretion, this identification may be altered or replaced at any time.
1.2.1. These means of identification include but are not limited to account usernames and e-mail addresses.
1.3. POWER WEB makes no guarantees as to the continuous availability of the Service or any specific feature of the Service or Services. POWER WEB reserves the right to change the Service at any time with or without notice. Features of the Service that are subject to change include, but are not limited to: access procedures, commands, documentation, hours of operation, monthly rates, menu structures, and vendors.
1.3.1. While POWER WEB is not required to give notice of changes to the Service, a good faith effort to indicate upcoming changes will be made.
2. REGISTRATION REQUIREMENTS
2.1. You must be at least 18 years old to register for this Service. By indicating your acceptance to this Agreement, you also indicate that you meet this age requirement.
2.1.1. Minors who access this Service are assumed to have parental or guardian consent before accessing this Service.
2.2. You agree to provide POWER WEB with accurate and complete billing information. This information must include your legal name, address, and telephone number. Any changes to this information must be reported to POWER WEB no later than 30 days after such change becomes effective.
2.3. By indicating your acceptance to this Agreement, you agree that you will be responsible for all charges posted to your account until you cancel the account through contact with POWER WEB's offices in one of the specified methods in Section 11.
2.3.1. Charges to your account stop accruing on the day you cancel. POWER WEB does not issue prorated fee refunds.
3. FEES
3.1. Any setup fee you are charged by POWER WEB is nonrefundable.
3.2. Unlimited Internet access is offered by POWER WEB subject to the following limitations.
3.2.1. Local access dialup numbers may not be available in all areas served by POWER WEB.
3.2.1.1. It is the responsibility of the Client to contact their local telephone company to determine if use of a particular POWER WEB
dialup number will incur any long distance or toll charges. POWER WEB is not responsible for paying any long distance or toll
charges incurred by you through your use of your POWER WEB account.
3.2.2. It is assumed that "Unlimited Dial-Up Access" is not a dedicated circuit. Dial-Up Connections should not be used to host websites
or provide any other kind of dedicated service. An un-timed dial-up connection is provided for the use of the end user while they are
at the connected computer and it is in use. Twenty-four hour use without a break is not permissible and accounts found to be used beyond a
reasonable expectation of heavy usage may be suspended or terminated at the discretion of Power Web Connect.
If you believe that you need to have a dedicated circuit, please contact our sales department for DSL, T1, and other dedicated service options.
3.3. Current prices for POWER WEB services are posted on the World Wide Web at http://www.powerweb.net, although these changes may change without notice. These prices may also be obtained by calling (920) 885-7860.
3.3.1. POWER WEB reserves the right to change prices and institute new fees. POWER WEB will announce price increases or
decreases online at the above site at least 30 days before such changes are to take effect and/or by sending e-mail to the Client
e-mail address on file. If no valid e-mail address is provided by the client or they do not check the e-mail account, PWC is not
liable for the lack of notification. These price changes may also be obtained by calling (920) 885-7860.
3.4. A service charge of $25.00 will be assessed to a member's account for each check that is returned to POWER WEB for insufficient funds.
3.5. POWER WEB dialup accounts are classified as delinquent if there is an unpaid balance at the beginning of a new accounting cycle. If your account is still delinquent at the beginning of the next accounting cycle, your account may be suspended or canceled at POWER WEB 's sole discretion.
3.5.1. If your account is suspended, regular charges continue to accrue until you cancel your account.
3.5.2. POWER WEB may, at its sole discretion, charge a fee of $10.00 to $50 reinstate a suspended account.
3.6. Interest charges of 1.5% per month (or the highest rate permitted by law if lower than 1.5% per month) will accrue daily on any unpaid balance which is more than 30 days old.
3.7. You agree to pay all Sales and Use Taxes, Duties, or Levies which are required by applicable law.
3.8. You agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.9. If you believe that POWER WEB has billed you in error, you must contact the Customer Service or Billing Departments within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
3.9.1. In Section 11, you will find a listing of acceptable methods to use to contact the POWER WEB Customer Service Department.
4. USE OF THE SERVICE
4.1. You and any members of your household are the only individuals who are authorized to access the Service through your POWER WEB account.
4.1.1. You must not permit any other individual or entity to access the Service through your account.
4.1.2. You must ensure that all authorized users of your account comply with all of the terms and conditions of this Agreement.
4.1.3. You are responsible for maintaining the confidentiality of any and all passwords used by you or members of your household
to access the Service.
4.1.4. You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection
with the Service.
4.1.4.1. However, POWER WEB will not hold you responsible for activities and charges attributable to an unauthorized user's
access to your account without the permission of an authorized user of your account, provided that both of the following
conditions are satisfied:
4.1.4.1.1. You must notify POWER WEB within 24 hours of discovering any such unauthorized use of your account.
4.1.4.1.2. The unauthorized use must not be attributable to the failure of any authorized user to exercise reasonable efforts to
maintain the confidentiality of the account or password.
4.2. You are responsible for all local and long distance telephone charges for connection to the Service by you and by those who access the Service through your account.
4.3. Except for software that may be available from POWER WEB, you are responsible for providing all computer equipment and software necessary to access the Service. You will be responsible for the maintenance of any equipment or software not provided by POWER WEB. This includes but is not limited to: e-mail clients, web browsers, and anti-virus software or anti-spyware programs.
4.4. You agree not to use the Service or permit others to use the Service through your account in any way that violates any international, federal, state, or local law or regulation; subjects POWER WEB to liability; or is in contravention of POWER WEB's Acceptable Use Policy. POWER WEB reserves the right to modify the Acceptable Use Policy at any time without prior notice.
4.5. You agree to comply with all POWER WEB security procedures and standards.
4.6. You agree to be bound by the terms and conditions of the End User License Agreement for any software provided to you by POWER WEB.
5. MONITORING THE SERVICE; DISCLOSURE OF MEMBER INFORMATION
5.1. POWER WEB has no obligation to monitor the Service.
5.2. POWER WEB may monitor the Service electronically and may disclose information regarding your use of the Service if legally obligated.
5.2.1. This disclosure may be made by POWER WEB to satisfy laws, regulations or governmental requests; to operate
the Service properly; to protect itself or its members.
5.2.2. POWER WEB will not disclose member information of any kind to outside persons or entities for the purpose of soliciting
POWER WEB's members.
5.3. In its sole discretion, POWER WEB reserves the right to remove or to refuse to post any information or materials, in whole or in part, which are unacceptable, undesirable, or in violation of this Agreement.
6. NO WARRANTIES ARE PROVIDED BY POWER WEB
6.1. Except for certain products and services specifically identified as being offered by POWER WEB, neither POWER WEB nor any of its affiliates controls any information, products, or services on the Internet.
6.2. Except for such POWER WEB-identified content, all merchandise, information, and services offered, made available, or are accessible on the Internet are by third parties who are not affiliated with POWER WEB or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU OR AUTHORIZED USERS ON YOUR ACCOUNT.
6.3. NEITHER POWER WEB NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH ANY POWER WEB SERVICE OR ON THE INTERNET GENERALLY.
6.3.1. NEITHER POWER WEB NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY COSTS OR
ANY DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
6.3.2. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, ANDOTHER INFORMATION, AND THE QUALITY AND
MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT.
6.4.1. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR
ACCOUNT AT YOUR OWN RISK.
6.4.2. POWER WEB HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
6.5. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.5.1. NO ADVICE OR INFORMATION GIVEN BY POWER WEB, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR
RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
6.5.2. NEITHER POWER WEB NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL
ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS.
6.6 POWER WEB CONNECT RESERVES THE RIGHT TO INITIATE CAPS ON BANDWIDTH AND TRAFFIC BASED ON SERVICE TYPE.
6.6.1. Access speeds are posted as “up to limits” which means that the full speed may be possible but is not guaranteed.
More information about bandwidth usage and requirements can be obtained by contacting the PWC Support
or Customer Service department.
7. YOUR REMEDIES
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your POWER WEB account in one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL POWER WEB, ITS AFFILIATES, OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF (OR THE USE OF OTHERS ACCESSING THE SERVICE THROUGH) YOUR ACCOUNT OR YOUR INABILITY TO USE THE SERVICE; ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
8. INDEMNITY
8.1. You
agree to defend, indemnify, and hold POWER WEB and its affiliates
harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to or arising from:
8.1.1. Any violation of this Agreement by you or those who access the Service through your account.
8.1.2. The use of the Service or Internet.
8.1.3. The placement or transmission of any message, information, software, or other materials on the Internet by you or by
those who have access to the Service through your account.
9. TERM OF AGREEMENT
9.1. This Agreement is effective from your acceptance of these terms and conditions, which is indicated EITHER by your clicking the "Accept"* button at the end of this Agreement if there is one, or upon the first use of the Service through your account, whichever is first.
9.2. If you are a current POWER WEB member when this Agreement is activated, your continued of the Service signals your acceptance of the terms of this Agreement.
10. TERMINATION OF AGREEMENT
10.1. ALL POWER WEB ACCOUNTS WILL AUTOMATICALLY RENEW AT THE END OF THEIR BILLING CYCLE UNLESS SPECIFICALLY REQUESTED IN WRITING TO CLOSE THE ACCOUNT PRIOR TO THE END OF THAT BILLING CYCLE.
10.1.2. DSL, ISDN, Server co-location,T1 and T3 Accounts require a minimum of 14 DAYS notification provided in writing to close.
Billing on these accounts will continue for a minimum of 14 DAYS after the written notification has been received or as the contract
stipulates. Early termination fees may apply
10.1.3. Written notification may be provided by e-mail to our Customer Service Department or by fax at (920) 885-7861.
Please provide your account number, name, and service address. Please see Section 11 for more detail.
10.1.4. POWER WEB accounts are NOT PRO-RATED. Any available value accounts - such as Six Month, Three Month,
or Annual accounts - are purchased at a discounted rate for the entire specified period and will not be refunded if the account is
closed prior to the end of that period. Month-to-Month Accounts must be closed prior to the end of their billing cycle or they
will automatically renew and the End User will be responsible for another period of service.
10.1.5. POWER WEB does not monitor account use. Accounts are kept active until POWER WEB is specifically asked to
cancel the account, as of the end of the billing cycle or contract term. Not using an account does not effectively cancel an account – only
WRITTEN NOTIFICATION AND CONFIRMATION FROM POWER WEB WILL CANCEL SERVICE.
10.1.6. Some customers elect to keep POWER WEB services, such as e-mail or dial-up, as a back-up measure. As a result,
POWER WEB provides these accounts regardless of whether the End User is actively using the account.
10.1.7 After receiving a cancellation request, POWER WEB will confirm the receipt of the request within 24 hours, or on the
next business day from the date received. Any cancellation requests submitted after 5pm Monday through Thursday will not be
considered until the following day. Cancellation requests received after 5pm Friday will not be considered until the next regular
business day. If PWC Staff does not respond in the 24 hour time frame, they may not have received the request which voids it.
IF YOU DO NOT RECEIVE CONFIRMATION, MAKE SURE TO CONTACT POWER WEB AT 920-885-7860.
10.1.8. You may terminate services as detailed in Section 10.1-10.1.7. in one of the acceptable methods outlined in Section 11.
10.2. POWER WEB may terminate this Agreement:
10.2.1. At any time upon 30 days prior notice.
10.2.2. Immediately upon notice if:
10.2.2.1. You, or any person who has access to the Service through your account, commit a material breach of this Agreement,
including but not limited to a breach of any obligation imposed under Section 4 of this Agreement.
10.2.2.2. You fail to pay any invoice within 45 days of the date of the invoice.
10.3. Upon termination of this Agreement, all rights granted to you and authorized users in your household under this Agreement shall immediately cease and be terminated.
10.4. You must destroy or return to POWER WEB all copies of any software and documentation that you may have received from POWER WEB.
10.5. Termination of this Agreement does not release you from the obligation to pay all accrued charges under Section 3 of this Agreement.
10.6. POWER WEB's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11. NOTICE
11.1. These are the acceptable forms for you to communicate with POWER WEB to change or cancel your POWER WEB membership.
11.1.1. Electronic e-mail at billing@powerweb.net
11.1.2 Send a fax to Customer Service at 920-885-7861
11.1.3. Send a letter to Power Web Connect, LLC. 215 N. Spring St. Beaver Dam, WI 53916
11.1.4. Telephone calls must be directed to Customer Service or Billing at 920-885-7860.
11.1.5. POWER WEB does not accept cancellation requests when they are sent with payments. Do not send cancellation requests this way.
11.2. POWER WEB may provide notice to you by the following methods:
11.2.1. Electronic mail (e-mail) at the address provided to you to access POWER WEB's electronic mail (e-mail) feature.
11.3. All notices or other communications from POWER WEB to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing.
12. COPYRIGHT ISSUES
12.1. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
12.1.1.Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o David M. Adler, Esq. & Assoc PC
2 N. LaSalle Street, Suite 1600
Chicago, IL 60602
By phone: (866) 734-2568
By email: copyright@ecommerceattorney.com
13. MISCELLANEOUS
13.1. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. The remainder of the provisions shall remain in full force and effect.
13.2. POWER WEB's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
13.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflicts of law provisions.
13.4. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
13.5. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without POWER WEB's prior written consent.
13.6. This Agreement, the Acceptable Use Policy, and Billing Terms constitute the entire agreement between you and POWER WEB with respect to the Service.
13.7. POWER WEB reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice.
13.7.1. No amendment or modification to this Agreement by you shall be valid or binding on POWER WEB unless made in writing and signed by both parties.
13.8. Under Illinois Civil Code Section 1789.3, Illinois subscribers are entitled to the following specific consumer rights information:
13.8.1. Current rates for using the Service may be obtained by consulting http://www.powerweb.net or calling the Sales
Department at 920-885-7860
13.8.2. POWER WEB reserves the right to change rates or to institute new charges at any time upon thirty (30)
days prior notice, as provided in Section 3 of this Agreement.
13.8.3. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may
be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
POWER WEB CONNECT is owned and operated by ThoughtPort Authority of Chicago, Inc. and is also known as PWC Acquisition Authority, LLC.
*This document is a copy of the update to the access agreement you may have encountered when registering for POWER WEB CONNECT service. There are no "Accept" or "Do Not Accept" buttons associated with this copy, and through the registration process you have already accepted the terms and conditions herein. Your continued use of the POWER WEB CONNECT Service signifies acceptance of POWER WEB CONNECT’s Terms and Conditions. If you do not accept these updated terms, your sole remedy is to terminate your service (see section 7).
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