Shen-Heights TV Privacy Agreement
INTRODUCTION
We are committed to complying with the Children's Online Privacy Protection
Act. Accordingly, if you are under the age of 13, you are
not authorized to provide us with personally identifying information, and we
will not use any such information in our database collection
activities. We appreciate your cooperation with this federally mandated requirement.
By using this Internet service ("Service") or by establishing an
account, you agree to be bound by this Agreement and to use the
Service in compliance with this Agreement, our Acceptable Use Policies and all
other use policies (collectively, the "Terms of Service"). If
you do not agree to the Terms of Service, including any future revisions, you
may not use the Service, and if you have an account you
must terminate it as provided herein. We, your Internet service provider (the
"ISP"), reserve the right to revise the Terms of Service and
you accept sole responsibility for periodically reviewing them for any and all
changes. Your continued use of this Service following the
posting of any revisions to the Terms of Service constitutes your acceptance
of those revisions.
1. SUBSCRIBER OBLIGATIONS
(A) End users establishing an account with the ISP ("Members") must
be at least 18 years old. Local access dialup numbers may not be
available in all areas. You are solely responsible for determining if use of
a particular dialup number will cause you to incur
long-distance, toll, or other charges. ISP is not responsible for any long-distance,
toll or other charges you incur.
(B) Members must (i) provide ISP with accurate and complete billing information
including legal name, address, telephone number, and
credit card/billing, and (ii) report to ISP all changes to this information
within 30 days of the change. Members are responsible for all
charges to their account.
(C) Members are billed each month for the basic service and any additional
usage or services. Members are responsible for paying all
charges billed to their account in the manner and method prescribed on their
invoice. ISP is not responsible for any charges or
expenses (overdrawn accounts, exceeding credit card limits, etc.) resulting
from charges billed by ISP.
(D) If ISP has failed to pay any underlying service provider all amounts owing
for your account - whether or not you have paid ISP -
your account will be subject to suspension or cancellation until you or ISP
has paid all amounts due.
(E) Delinquent accounts may be suspended or canceled at ISP's sole discretion;
however, charges will continue to accrue until the
account is canceled. ISP may bill an additional charge to reinstate a suspended
account.
2. A SPECIAL NOTE CONCERNING MINORS
Protecting children's privacy is especially important to us. It is our policy
to comply with the Children's Online Privacy Protection Act of
1998 and all other applicable laws. ISP recommends that children ask a parent
for permission before sending personal information to
ISP, or to anyone else online.
3. MEMBER'S ACCOUNT, PASSWORD AND SECURITY
Members receive a user name, password and account designation upon registration.
You and members of your household are the only
authorized users of your ISP account and must comply with this Agreement. You
must keep your password confidential so that no one
else may access the Service through your account. You must notify ISP within
24 hours of discovering any unauthorized use of your
account.
Using a personal account for high volume or commercial use (e.g., revenue
generation, advertising, etc.) is prohibited. Email accounts
exceeding 10MB in size may, at ISP's discretion, be transferred to a compressed
temporary file or storage. ISP may delete the
temporary file from the server 60 days after notifying you. Any Member Web site
exceeding 5MB of disk space or 250MB of data
transfer will be billed for excess usage. You may establish a commercial or
high-volume account by the ISP.
Usernames, passwords and email addresses are ISP's property and ISP may alter or replace them at any time.
4. MONITORING THE SERVICE
ISP has no obligation to monitor the Service, but may do so and may disclose
information regarding the use of the Service for any
reason if ISP, in its sole discretion, believes that it is reasonable to do
so, including but not limited to: satisfy laws, regulations, or
governmental or legal requests; operate the Service properly; or protect itself
and its Members. Please see our Privacy Policy. ISP may
immediately remove your material or information from ISP's servers, in whole
or in part, which ISP, in its sole and absolute discretion,
determines to infringe another's property rights or to violate our Acceptable
Use Policy.
5. DISCLAIMER OF WARRANTIES
EXCEPT FOR CERTAIN PRODUCTS AND SERVICE SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ISP, ISP DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICE ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. ISP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICE, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ISP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ISP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ISP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ISP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ISP, EMPLOYEES, SUBSIDIARIES, ITS LICENSORS OR ANY UNDERLYING SERVICE PROVIDER BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INABILITY TO USE THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ONCONTRACT, TOTRT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ISP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by ISP, you agree to defend, indemnify, and hold harmless ISP
and its subsidiary and other affiliated companies, and
their employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your
use or misuse of this site. ISP reserves the right, at it own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with ISP
in asserting any available defenses.
8. SOFTWARE LICENSE
ISP grants to each Member a limited, non-exclusive, non-transferable and non-assignable
license to install and use the ISP access
software (including software from third-party vendors that ISP distributes)
(in object code format), its associated documentation, and any
updates thereto ("Licensed Programs") in order to access and utilize
the Service. Each Member agrees to use the Licensed Programs
solely in conjunction with the Service and for no other purpose. ISP may modify
the Licensed Programs at any time, for any reason, and
without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information
of ISP and ISP's licensors and embody trade secrets and
intellectual property protected under United States copyright laws, other laws,
and international treaty provisions. All right, title, and
interest in and to the Licensed Program, including associated intellectual property
rights, are and shall remain with ISP and ISP's
licensors. Member shall not translate, decompile, reverse engineer, distribute,
remarket or otherwise dispose of the Licensed Program
or any part thereof.
You may not download, use or otherwise export or re-export the Licensed Programs
or any underlying information or technology
except in full compliance with all United States and other applicable laws and
regulations. By installing or downloading the Software, you
represent and warrant that you are not located in, under the control of or a
national or resident of any country on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders.
9. WEBSITE USAGE and OTHER WEB SITES
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because ISP has no control
over such sites and resources, you acknowledge and agree that ISP is not responsible
for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
ISP shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content,
goods or services available on or through any such site or resource.
Some portions of the Website are made available for the free exchange of ideas
by participants and are not regularly monitored nor
moderated by ISP. ISP assumes no responsibility and makes no warranty that it
will undertake to screen or remove such material. You
agree to hold ISP harmless from all claims based upon the materials posted by
others. Also, in exchange for availing yourself of the
opportunity to upload or provide information to this site and any associated
chat rooms or discussion areas, you will indemnify ISP from
any claims made by third parties regarding the material that you provide. Personal
information posted by you to the Website is posted at
your own risk. ISP will have no liability arising from use of that information.
You shall not use the Website to distribute or publish any
advertising of goods or services, solicitations for funds, or other commercial
messages. You agree that you will not post, upload or
otherwise introduce a virus or other harmful code onto the Website.
Your posting of material on the Website or providing material to ISP to use
on the Website, will be deemed to be a grant by you to ISP of
a perpetual, non-revocable, worldwide, non-exclusive license to the material
to include the material on the Website and to reproduce,
publish, distribute, perform, display, and transmit the material and to prepare
derivative works as reasonably necessary to do so, and
you waive all rights of attribution and integrity with respect to the material.
10. TERM OF AGREEMENT
Continued use of the Service constitutes acceptance of this Agreement and
any future versions. If you are dissatisfied with the Service or
any related terms, conditions, rules, policies, guidelines, or practices, your
sole and exclusive remedy is to discontinue using the Service
and, if you are a Member, to terminate your account.
11. TERMINATION
ISP reserves the right, in its sole discretion, to terminate your account,
your password and your use of the Service, with or without
notice. You may terminate your account at any time and for any reason by providing
notice of intent to terminate to ISP by:
telephone calls directed to Customer Service.
registered or certified mail, return receipt requested addressed to ISP.
Email termination of your basic Internet access account will not be accepted.
If your account included space on ISP's servers, anything
stored on this space will be deleted upon termination. Section 2, the third
paragraph of Section 3, and Sections 5, 6, 7, 12 and 13 of this
Agreement shall survive termination of this Agreement.
11. THIRD PARTY BENEFICIARY
YOU AGREE THAT ANY UNDERLYING SERVICE PROVIDER OF ISP'S SERVICE IS A THIRD-PARTY BENEFICIARY OF THIS AGREEMENT AND AS SUCH IS ENTITLED TO ALL THE RIGHTS AND PROTECTIONS AFFORDED BY THIS AGREEMENT TO ISP DESCRIBED HEREIN.
12. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, the Privacy Policy, and ISP's other
user policies posted on ISP's website constitute the
entire agreement between you and ISP with respect to your use of the Service.
ISP may revise, amend, or modify this Agreement, the Acceptable Use Policy
and any other user policies, at any time and in any
manner. Any revision, amendment, or modification will be effective immediately
after ISP posts it at its website.
This Agreement is governed by the law of the state in which ISP operates its
main office without regard to conflict of law provisions. The
federal and state courts located in said state alone have jurisdiction over
all disputes arising out of or related to this Agreement and the
Service. You consent to the personal jurisdiction of such courts sitting in
said state with respect to such matters or otherwise between you
and ISP, and waive your rights to removal or consent to removal.
Ver. 03/2000