PEPB Online Internet Services Agreement
Residential Wireless Plans - Basic 256 kbps or Premium 768 kbps
kbps (kilobits per second)
This Internet Services Access Agreement ("Agreement") is entered into by and
between the subscriber ("you") and PEPB Online/Princeton Electric Plant Board (“PEPB”).
1. Scope. PEPB will provide you with an End User Modem and if needed an External
Antenna (“Modem/Antenna”) that is leased to you under the terms hereof. This
Modem/Antenna is to be used only for the purpose of connecting to PEPB’s
high-speed wireless Broadband Internet service (the “Service”). You are
responsible for any use of the Service through your subscriber account (“Your
Account”) and any other services (including third party services) that are
accessed through Your Account. The Service provided under this Agreement is
solely intended to offer you access to the Internet through the Modem/Antenna.
2. Payment, Lease, Disclaimers. You shall pay PEPB for the Service in accordance
with the payment terms in Section 3. The Modem/Antenna is provided to you under
a lease arrangement only. The Modem/Antenna shall at all times remain the
property of PEPB. You shall maintain the Modem/Antenna in good condition. PEPB
owns the Modem/Antenna and shall have the right to repossess the Modem/Antenna
from you if you fail to pay for the Service or violate any other term of this
Agreement. Upon any termination of Your Account or this Agreement, the
Modem/Antenna shall be returned to PEPB in good condition within 10 days of
termination. In the event you fail to return the Modem/Antenna within said time
period, you shall pay to PEPB the then prevailing retail cost of the
Modem/Antenna. The Service itself is provided as is and where is, and without
warranty of any kind, and there are no warranties, express or implied, for the
Service. In the event an external antenna is required, additional fees may be
charged. Bills shall be rendered monthly or at such intervals as PEPB may
determine in its sole discretion, and shall be due for payment by the due date
specified on the bill. Payments made after the due date will be subject to a
late payment charge which will be computed as a charge of 5% on the unpaid
portion of the bill. Should the due date of the bill fall on a weekend or
holiday, the payment shall be due on the next business day following the due
date. Payments received by mail with postmark on or before the due date will be
considered paid by the due date and will not be subject to the late charge.
Disconnect notices are not mailed separately from your bill. Service may be
disconnected if the total amount due is not paid by the disconnect date
specified on the notice. A fee of not less than $2.00 may be added to the bill
if a notice is printed. Whenever service has been disconnected for nonpayment,
or a trip made for the purpose of disconnecting service, a fee of not less than
$25.00 may be charged before service is restored. PEPB may terminate your
Service and repossess the Modem/Antenna without notice. If you default on your
account, you agree to pay all costs of collection including attorney fees,
collection fees, and/or contingent fees to a collection agency of not less than
35% of the delinquent amount, such contingency fee to be added and collected by
the collection agency immediately upon your default and PEPB’s referral of your
account to said collection agency.
3. Your Service Plan. All monthly fees are due in advance either on the
twenty-fifth (25th) day of each calendar month; or if you also have utility
service with PEPB, then monthly fees are due on the date your normal utility
bill is due to PEPB (partial months shall be pro-rated). If your plan is the
Basic 256 kbps Residential Plan, you agree to pay a fee of $24.95 per month. If
your plan is the Premium 768 kbps Residential Plan, you agree to pay a fee of
$39.95 per month. You may terminate the agreement at any time without payment of
a termination fee. Up to five (5) mailboxes are included in the residential
plans. You acknowledge that there is a special promotional price of $19.95 per
month for the first three months of service for the Basic 256 kbps Residential
Plan and a special promotional price of $29.95 per month for the first three
months of service for the Premium 768 kbps Residential Plan.
4. Term & Termination. This Agreement remains in effect until terminated by
either party. Either party may terminate this Agreement by giving written
notice. Termination by you is subject to your payment of the remaining balance
and your return of the Modem/Antenna; provided, however, that if you terminate
the Agreement by the seventh (7th) day following the initiation of your Service
for any reason, you may do so without any liability for Service fees or payments
and your only responsibility is to return the Modem/Antenna. If your Service is
terminated for any reason, PEPB has the right to delete all data, files and
other information stored in or for your account, without liability to you for
any such deletion or any information lost.
5. Your Information; Acceptable Use. You are solely responsible for obtaining,
installing, configuring, and maintaining suitable equipment and software as
necessary to access the Service. PEPB is not responsible for back-up and
restoration of your information. PEPB may decline to provide Service to you, or
may immediately terminate your Service, if PEPB determines, in its reasonable
judgment and discretion, that your use of the Service or Your Account violates
any of the following actions: unlawful activity; accessing the accounts of
others; penetrating security measures of any other person; bombarding computer
accounts of others with uninvited communications, data or information;
transmitting unsolicited voluminous emails; introducing viruses, worms, harmful
code or other disruptive code or files; generating excessive amounts of Internet
traffic beyond that customary for Your Account; using your PEPB account for the
purpose of operating a server of any type, including a mail or web server,
unless such usage is specifically permitted by PEPB in writing giving you
permission to operate a commercial account; interfering with another person's
usage or enjoyment of the Internet or the Service; posting or transmitting
information or communications that are defamatory, fraudulent, obscene or
deceptive, including scams such as "make-money-fast" schemes or "pyramid/chain"
letters or “multi-level marketing” schemes; or engaging in any conduct or
behavior that violates PEPB’s Terms of Service / Acceptable Use Policy, as may
be amended or modified from time to time by PEPB.
Unacceptable Activities
1. Customers connected to the PEPB network or using its services may not engage
in any of the following:
• Hacking - to gain illegal or unauthorized access to a file or network.
• Cracking - to make unauthorized use of a computer, especially to tamper with
data or programs.
• Flooding to send TCP connections requests faster than a machine can process
them.
• DoS (Denial of Service) Attacks - an attack whose purpose is not to break into
a system, but instead to simply "deny" anyone else from using the system.
• DDoS (Distributed Denial of Service) Attacks - the use of numerous computers
to carry out a DoS attack.
• SPAM or UCE (Unsolicited Commercial Email), to send or create it.
• Spoofing - the creation of TCP/IP packets using someone else's IP address
• Any other activity which constitutes a violation of any applicable law or
regulation or which would constitute a breach or violation of the terms of any
agreement between PEPB and another dedicated Internet access to serve Customers.
Internet
Customers engaging in, or facilitating, any of the above-described acts, conduct
or behavior will be immediately terminated without refund and may be subject to
criminal prosecution. PEPB will cooperate fully with all investigations by any
agency or authority having jurisdiction over PEPB.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for
valid copyright infringement notification.
If a copyright owner or a person authorized to act on the copyright owner's
behalf (the "Claimant") would like to notify
PEPB of an infringement of their copyright, the DMCA requires:
1. Notification is sent to PEPB's designated agent. The following avenues are
acceptable for this notification:
• Email to abuse@Prince.net
• Mail or courier to PEPB Attention: Abuse, PO Box 608, Princeton KY, 42445
2. The following information must be included in the notification:
• 1. A physical or electronic signature of the copyright owner or a person
authorized to act on the copyright owner's behalf (the "Claimant")
• 2. Identification of the copyrighted work(s) claimed to have been infringed
• 3. Identification of the material claimed to infringe the copyright(s), and
enough information for PEPB to locate it
• 4. The Claimant's name, address, and telephone number(s)
• 5. A statement that the Claimant has a good faith belief that use of the
disputed material is not authorized by the copyright owner or his agent
• 6. A statement, under penalty of perjury, that the information in the
notification of copyright infringement is accurate and
that the Claimant is authorized to act on behalf of the copyright owner.
SPAM Policy
PEPB does not practice, participate in or condone SPAM of any sort. Perpetrators
and facilitators of SPAM will be notified in writing by PEPB to cease and desist
all such activities. Failure to comply with the cease and desist notice will
result in termination of the Customer’s mail service.
P2P/FileSharing Policy
It is the policy of PEPB that its network connections may not be used to violate
copyright laws in any manner. The unauthorized reproduction or use of
copyrighted materials is a serious violation of PEPB’s Terms of Service /
Acceptable Use Policy, as well as United States Copyright Laws. Internet File
sharing (P2P) programs include but are not limited to:
KaZaa
iMesh
Limewire
Morpheus
Gnutella
E-Donkey
Bit Torrent
PEPB reserves the right to placed into effect a limit of 5 kilobit per second
(kbps) on the inbound and outbound traffic generated by Peer-to-Peer
file-sharing applications.
This restriction is necessary to support the primary use and intent of the
network, which is residential and enterprise computing. The data network must be
available for the use of PEPB’s Customers and staff and for essential daily
operations. PEPB reserves the right to deny or restrict access to Peer-to-Peer
applications if it determines that such denial or restriction of access is
necessary to preserve or facilitate the primary use and intent of the network.
If an artist, author, publisher, the Recording Industry Association of America (RIAA),
the Motion Picture Association of America (MPAA), or a law enforcement agency
notifies PEPB that a Customer is violating copyright laws, PEPB will provide the
relevant agency and/or investigators with pertinent information in the form of
Internet Protocol (IP) address information and any other information from logs
to assist in the investigation of the complaint. A Customer’s violation of this
policy may result in suspension or revocation of network access privileges
without refund of network access fees and may subject the Customer to civil
penalties and/or criminal prosecution under state and federal statutes.
For the purposes of back-up and maintenance, PEPB may copy, display, store,
transmit, translate, reformat and distribute your information to multiple PEPB
servers. PEPB does not guarantee that these procedures will prevent the loss of,
alteration of, or the improper access to, your information. You agree that your
name, User ID and other identifying information may be placed in PEPB’s user
directory.
Third Party Software
1. Third party software is not supported by PEPB’s free technical support.
Correct installation and configuration of any installed software is the
responsibility of the Customer and the software provider.
If a connectivity, browsing, or email issue is deemed to be affected by third
party software, the Customer will be advised to contact the software
manufacturer for assistance. This includes, but is not limited to, the
following:
1. Antivirus programs
2. Download accelerators
3. Firewalls
4. Web design programs
5. Games
6. Software and programs downloaded from the Internet
7. Operating System issues
8. Any non-Internet software
9. Any MS Office feature (apart from the e-mail features of Outlook)
10. Internet Explorer Content Advisor password issues
Viruses
PEPB strongly urges all Customers to protect themselves from contracting and
spreading computer viruses by:
1. Obtaining an antivirus program
2. Keeping the antivirus files up to date
3. Exercising caution whenever opening an email attachment.
Virus recovery is not covered by PEPB’s free technical support. Customers
contacting PEPB after they acquire a virus will be advised of how they may
obtain an antivirus program. Any user found to have a virus on the PEPB network
will be subject to immediate cessation of service. Any such Customer will be
notified of the cessation of service and may be provided with suggestions on
ways to correction the condition. Customers shall not be entitled to or receive
any credit or refund of any monthly fees or charges related to the period of
cessation of service.
6. Limitations on Use; No Warranties; Limits on Liability & Remedies. The
reliability and performance of Internet resources are beyond PEPB’s control and
are not warranted by PEPB. PEPB is not responsible for any delays or disruptions
of network transmissions. The Internet is not a secure network and third parties
may intercept, access, use or corrupt the information you transmit over the
Internet. PEPB does not warrant that files or information downloaded through the
Service will be free of viruses or other disruptive code or that the Service
will provide Internet access that meets your needs and it makes no warranty
regarding any transactions executed through the Service.
7. Provision of Service. The Service is provided on an “As Is” and “As
Available” basis. PEPB does not warrant that the Service will perform at any
particular speed or provide any specific bandwidth or throughput, or that
transactions through the Service will be uninterrupted, error-free or secure.
PEPB DISCLAIMS ANY AND ALL WARRANTIES FOR THE SERVICE AND ANY EQUIPMENT PROVIDED
IN CONNECTION THEREWITH (INCLUDING ANY MODEM/ANTENNA), WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. In no event shall PEPB
be liable for any indirect, special, consequential or incidental damages,
including damages for lost profits or revenues, or any damages for lost or
damaged files or data, or any damages attributable to the use or inability to
use the Service or any information obtained thereby, even if PEPB has been
informed of the possibility or likelihood of such damages. PEPB’s maximum
liability in the aggregate to you for any and all claims, regardless of form or
cause of action, shall be limited in any and all events to the dollar amount
paid by you for the current month’s Service under this Agreement. The
limitations, exclusions, maximum liability provisions and disclaimers in this
Section (collectively, the “Limitations”) apply to all claims by you
irrespective of the cause of action underlying your claim, including warranty,
breach of contract, product liability or product dissatisfaction or any form of
tort, including allegations of PEPB’s negligence or misrepresentation. All such
Limitations shall also apply in favor of Camvera Networks, Inc., the company
with which PEPB has contracted for the provision of the Service, and PEPB’s
officers, directors, agents, affiliates and subcontractors, all of whom shall be
deemed as express third party beneficiaries of such Limitations. You shall never
assert claims against PEPB or these beneficiaries if those claims are barred by
the Limitations or the provisions of this Agreement and agree that any such
claims shall be subject to immediate dismissal.
8. General. PEPB will not be liable for delays, damages or failures in
performance due to causes beyond its reasonable control, including causes such
as acts of a governmental body, acts of God, acts of third parties, fires,
floods, or other inclement weather, strikes or other labor-related disputes,
network or communication failures or failure of any communication link or
facility, failures of software or hardware (including third party equipment or
software or any software delivered or licensed to you), or an inability to
obtain necessary or appropriate equipment, software or services. This Agreement,
including all Schedules here to, which are fully incorporated into this
Agreement, constitutes the final and entire agreement between you and PEPB with
respect to the subject matter hereof; and this Agreement represents a complete
and exclusive statement of the terms of such agreement and supersedes any and
all prior or contemporaneous agreements, understandings, negotiations or
communications, whether written or oral. You may not assign, or otherwise
transfer, this Agreement in whole or in part, and may not assign any rights or
delegate any obligations under it. Any attempt to do so shall be void. You
hereby agree to hold PEPB harmless for any damage, malfunction or loss of any of
your computer hardware, software, data or information stored on your computer
hardware which in any way arises out of your use of the Service hereunder.
By signing below, you confirm that you have reviewed the terms and conditions of
this Agreement and have determined that the provisions contained herein are
suitable for your needs, and that you have had an ample opportunity to consider
whether to accept this Agreement. You confirm that the contractual allocations
of risk and reward as set forth herein shall not be disturbed or overturned by
any tribunal based on any extra-contractual considerations. You agree that you
shall never assert any argument contrary to these provisions in any forum.
PEPB Online Disclaimer
As a PEPB Online customer,I understand and acknowledge that my wireless
connection will be provided on a “best effort” basis and that the connectivity
speed will depend on a number of factors, including:
1. The distance between my computer location and the transmission tower. (The
radio signal is strongest the closer you are to the transmission towers);
2. The location of my computer within my home or business. (It’s best to be in a
room with a window nearest the transmission tower);
3. The type of building that houses my computer. (Metal buildings and mobile
homes reflect the radio signals and therefore may require an outdoor antenna);
4. The terrain between my computer location and the transmission tower. (The
radio signal will not penetrate the earth; therefore, if you re in a low spot,
signal reception may be impossible);
5. The amount of foliage near my computer location. (The further away from the
transmission tower, the more that heavy tree coverage and other foliage become an
issue);
If using an outdoor antenna, the antenna must be securely mounted so that high
winds and heavy rains will not reposition the antenna or get the cable
connections wet, and the outdoor antenna must be properly grounded.
Further, I understand and acknowledge that my computer system must meet the
following minimumrequirements:
MINIMUM SYSTEM REQUIREMENTS
a. Operating System- Your system must be running Microsoft Windows® 98 Second
Editionor a subsequent version of Windows Microsoft, or Macintosh® OS 8.5 or a
subsequent version of Macintosh OS. This includes Windows XP, Windows Me, and
Windows2000. Please note that Windows 95 is NOT supported.
b. Memory – Your system MUST HAVE a minimum of 64MB of RAM for Windows 98 and
Me, and 128MB of RAM for Windows 2000 and XP. To find out how much Memory your
system has, right click on “My Computer”, then choose “Properties”. If your
system does not have the required minimum memory, they you must add additional
RAM.
c. Network Interface Card– The wireless modem connects to your computer through
your computer’s Network Interface Card (NIC) or “Ethernet Card.” Your computer
must be equipped with this card.