Residential Terms of Service Agreement
ATI Networks, Inc. ("ATI") Internet, including, but not limited to any service features that may be available or provided as part of the service offering customer has elected to receive (e.g., electronic mail, portal components, home networking, etc.), ("Service") is an Internet access service. This Service Agreement ("Agreement") states the terms and conditions under which ATI Networks, Inc. and its subsidiaries (collectively “We” or “ATI”) will provide the Service to a subscriber (“You” or “Customer”). By using the Service, Customer agrees to be bound by the terms of this Agreement and the Acceptable Use Policy (“AUP”) as each may be amended from time to time.
"ATI" REGULARLY UPDATES AND AMENDS THIS AGREEMENT, THE AUP, AND THE CUSTOMER PRIVACY STATEMENT. CUSTOMER SHOULD CONSULT ATI's WEBSITE TO BE SURE CUSTOMER REMAINS IN COMPLIANCE.
1. Equipment Needs for Provision of the Service
To use the Service, Customer must have a personal computer , an Ethernet network interface, a modem, and operating system software meeting "ATI's" then-applicable minimum requirements.
1.1 Computer Equipment: The personal computer that Customer uses to access the Service must meet minimum configuration standards. Please refer to System Requirements for the current specifications. The minimum configuration standards may change, and "ATI" will make reasonable efforts to support previously acceptable configurations; however, "ATI" is not obligated to continue to provide such support. "ATI" may supply equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Service. Customer acknowledges that such equipment may require updates and/or changes to the software resident in the equipment and that Customer may be required to perform such updates and/or changes. Notwithstanding, Customer hereby authorizes "ATI" to perform updates and/or changes, on-site or remotely from time to time as "ATI" deems necessary, in "ATI's" sole discretion.
"ATI" does not provide technical assistance for third-party hardware or software, including but not limited to home networks other than the "ATI" Home Networking Service or gaming systems. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product. "ATI" has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elects to use in connection with the Services.
Customer will not connect any equipment, other than equipment authorized by "ATI", to the cable modem outlet. Customer understands that failure to comply with this restriction may cause damage to the "ATI" network and subject Customer to liability for damages and/or criminal prosecution. Customer may not alter, modify or tamper with the Equipment or the Service, or permit any other person to do the same that is not authorized by "ATI".
1.2 Network Interface: When "ATI" installs the Service, Customer will need a network interface card or adapter providing an Ethernet. If Customer does not have a network interface, it may be possible for Customer to purchase from "ATI". This interface will become Customer’s property, even if Customer terminates the Service.
1.3 Cable Modem: Customer may purchase or lease the cable modem. If Customer leases the modem, Customer must return it to "ATI" at the end of the lease period. If Customer purchases the cable modem, "ATI" reserves the right to download firmware to meet current requirements. "ATI" currently supports many DOCSIS compliant standard cable modems. Please refer to System Requirements for the currently-supported modems.
1.4 Software: At the time of installation of the Service, "ATI" may provide Customer with common "ATI" or third-party software (e.g., a browser and plug-ins) to enable and enhance the Service. "ATI" does not support third-party software. If Customer has any questions concerning third-party software, Customer should contact the software manufacturer directly. Any and all software provided by "ATI" is the property of "ATI" and/or its suppliers and licensors. "ATI" hereby grants Customer a nonexclusive, nontransferable license to use and to install on Customer’s computer system(s) the software for use solely in connection with the Service. Customer’s license to use any software provided by "ATI" and its suppliers and licensors is contingent upon Customer’s compliance with all use and other restrictions contained in this Agreement and the AUP. It is a material breach for Customer to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any software provided to Customer by "ATI". Upon any termination or expiration of this Agreement or the disconnection of Customer’s Service, this license will terminate and Customer agrees to then destroy all copies of the software that were delivered to Customer (including by erasing and deleting the software from Customer’s computer system). Customer hereby represents and warrants to "ATI" that Customer owns the operating system software and associated use/license rights thereto for the computers that are connected to the "ATI" network.
1.5 Security: Customer acknowledges and agrees that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Customer’s equipment. Customer is responsible for taking and should take all appropriate security measures when using the Service, including those recommended in "ATI's" Internet Security website. Those recommendations can be found at http://www.ATINetworks.net/security and are incorporated into this Agreement by reference. Customer is responsible for any misuse of the Service that occurs through Customer’s account whether by a member of Customer’s household or an authorized or unauthorized third-party.
1.6 Cookies: Customer may access their "ATI" e-mail account at www.ATINetworks.net, or by using the user’s software application (e.g. Outlook, Outlook Express, Incredimail, and Apple Mail). When accessing e-mail at www.ATINetworks.net, Customer must have their browser configured to accept cookies. www.ATINetworks.net will notify the user, if their browser is not configured to accept cookies.
2. General Subscriber Responsibilities and Warranties
Customer warrants that he or she is at least 18 years of age.
Customer agrees that the subscription is personal to Customer and agrees not to assign, transfer, resell or sublicense Customer’s rights as a subscriber unless specifically allowed by this Agreement. The Service and the "ATI" Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the "ATI" Equipment and/or Service by means of the Customer Equipment. Customer agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from Customer’s use of the Service or by another using Customer’s computer.
The identifying information that Customer has provided and will provide to "ATI" during the term of this Agreement, including without limitation Customer’s legal name, address, telephone number(s), the number of computers on which the Service is being accessed and payment data (including without limitation information provided when authorizing recurring payments) is accurate, complete and current. Customer agrees to promptly notify "ATI", in accordance with the terms of this Agreement, upon the occurrence of any change in the status of Customers’ account (e.g., change in individuals authorized to use Customer’s account) or if there is any change in the information that Customer has provided to "ATI". Failure to provide and maintain accurate information constitutes a breach of this Agreement.
When Customer completes registration for the Service, Customer must select a user name and password to be used by Customer to access the Service. Customer agrees that Customer is responsible for anyone using Customer’s computer system, password or name or user name in connection with the Service and for ensuring that anyone who does use the Service through Customer’s computer or access to the Service, does so in accordance with the terms and conditions of this Agreement. Customer agrees to take all reasonable measures necessary to ensure that the Service is not used by another without Customer’s consent.
"ATI" requires Customer to comply with the terms of "ATI's" Acceptable Use Policy (“AUP”). A copy of that Acceptable Use Policy can be found on "ATI's" website at Acceptable Use Policy and is incorporated into this Agreement by reference. Please review the AUP regularly as "ATI" updates and amends that policy.
Customer shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of Customer’s computer and related equipment and (ii) the protection of "ATI's" network and other customers. For purposes of clarification, "ATI" hereby disclaims any and all responsibility and liability for any damages that may arise from Customer’s failure to procure or install the aforementioned security software and /or hardware.
3. Monitoring The Services and Privacy
"ATI" is concerned with issues of privacy. "ATI" has no obligation to monitor content. However, Customer agrees that "ATI" has the right to monitor the Service (including but not limited to, content and Customer equipment as it may affect the Service from time to time) in accordance with this Agreement, the AUP and its Internet Service Privacy Statement. A copy of the Internet Service Privacy Statement can be found on "ATI's" website at Your Privacy Rights and is incorporated into this Agreement by reference.
For content residing on "ATI's" servers, "ATI" reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in "ATI's" possession about or related to Customer, Customer’s use of the Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or "ATI's" customer information.
Customer also authorizes "ATI" to make inquiries and to receive information about Customer’s credit history from others and to utilize such information in its decision regarding its provision of the Service to Customer. In addition, Customer agrees that "ATI's" may collect and disclose information concerning Customer and Customer’s use of the Service in the manner and for the purposes set forth here and in "ATI's" Internet Service Privacy Statement.
In order to protect the privacy of Customer’s account information, "ATI" may require that Customer use a security code or other method, in addition to the user name and password referenced in Section 2 of this Agreement, to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through "ATI's" customer service representatives. Customer may also choose to designate an authorized user of Customer’s account (an “Authorized User”), who will be able to access Customer’s account information and make changes to Customer’s account. Once established, an Authorized User will be required to authenticate his/her identity in the same manner as Customer and according to "ATI's" Authorized User Policy.
4. Customer Payment Obligations
4.1 Service Fees: "ATI" will bill Customer a standard monthly fee for the Service. Customer agrees to pay the bill by its due date and to be responsible for any and all charges, damages and costs that Customer or anyone using Customer’s account incurs. If Customer leases equipment from "ATI", additional monthly charges will apply. In addition, Customer agrees to pay all applicable taxes. "ATI" may also charge a monthly support maintenance fee or a per instance support charge, depending on Customer location, for technical support services related to the Service including, but not limited to, repairs or for any Service features, such as "ATI's" Home Networking Service (“HN Service”). "ATI" may change the amount of the standard monthly fee, the modem rental fee, or any applicable monthly maintenance fee upon thirty (30) days written notice. "ATI" will identify any per instance support charges to Customer prior to providing any technical support that would result in such charge(s). Subject to applicable law, Customer must notify "ATI" of any billing errors or other requests for refund within thirty (30) days of the date on which the error occurred.
4.2 Installation Fees: "ATI" may charge Customer a one-time installation fee. In some circumstances, an additional installation fee may be required when customer adds additional Service features, such as "ATI's" HN Service. "ATI" shall notify Customer of such fee prior to installation. Customer shall not be eligible to receive the applicable Service feature unless Customer pays any applicable installation fee.
4.3 Late Fees, NSF Fees, Collection Expenses and Termination for Unpaid Balances: If Customer’s payments are not current, "ATI" may impose a late fee, the Service may be disconnected without notice, and "ATI" may remove ATI’s equipment from Customer’s premises. "ATI" may charge an insufficient funds fee (NSF Fee) of $25 or to the extent permissible under applicable law for all returned checks and bankcard/credit card charge backs. The Customer must replace/pay the returned check or declined card amount (plus applicable NSF Fee), and in any event, the Customer acknowledges and agrees that "ATI" has the right to present to Customer’s banking institution for payment via electronic funds transfer, any returned check or declined card amount and the applicable NSF Fee. Customer will also be liable to pay "ATI" for all attorneys’ fees, collection fees or other expenses arising from efforts to collect any unpaid balances on Customer’s account.
4.4. Charges for Online Services, Internet Transactions or Toll Charges For Dial-Up Service: Through use of the Service, Customer may access certain information, products, and services of others, for which there is a charge. These include, for example, certain on-line services such as America Online. Customer agrees that Customer is solely responsible for all fees or charges for these on-line services, products or information.
4.5. Credit Inquiries: Customer authorizes "ATI" to make inquiries and to receive information about Customer’s credit experience from others, to enter this information in Customer file, and to disclose this information concerning Customer to appropriate third parties for reasonable business purposes.
4.6. Payment by Credit Card, Debit Card or ACH Transfer: If Customer has elected to be billed by credit card, debit card or ACH transfer, Customer agrees that he/she will automatically be billed each month for any amounts due under this Agreement. If Customer makes payment by check, Customer authorizes "ATI" and its agents to collect this item electronically.
5. Limited Warranty – Modem
In the event Customer purchases a cable modem from "ATI" in conjunction with the Service, "ATI" provides a limited one (1) year warranty against any defect in materials or workmanship of the modem purchased directly from "ATI". This limited warranty shall supersede any and all manufacturer warranties. In the event there is a problem with the modem that cannot be corrected either over the telephone or onsite, "ATI" will replace the equipment with either a new or refurbished unit at "ATI's" option. In addition, "ATI" does not guarantee that the equipment it replaces will be the same make or model as the originally purchased equipment. This warranty expressly excludes defects in the modem caused by acts of nature, such as, but not limited to, lightning damage; damage from misuse or neglect; water damage; loss of programming or data; or installation. To obtain warranty service, please contact Your local "ATI" office for assistance.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranty: CUSTOMER AGREES THAT CUSTOMER USES THE SERVICE AND ANY SOFTWARE AND EQUIPMENT SUPPLIED BY "ATI" AT CUSTOMER’S SOLE RISK. THE SERVICE AND "BRC" EQUIPMENT ARE PROVIDED ON AN "AS-IS BASIS" AND EXCEPT TO THE LIMITED EXTENT SPECIFICALLY STATED IN SECTION 5, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. "BRC" DOES NOT WARRANT UNINTERRUPTED USE OF SERVICE. "ATI" DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED. "ATI" DOES NOT WARRANT THAT ANY DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S EQUIPMENT OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE.
CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT "ATI" UTILIZES ANTI-SPAM SOFTWARE AND THAT SUCH SECURITY TECHNOLOGY IS A FEATURE OF THE SERVICE THAT MAY BLOCK INCOMING AND OUTGOING ELECTRONIC MAIL. "ATI" DOES NOT WARRANT THAT SUCH FEATURE WILL BLOCK ALL UNWANTED MAIL/SPAM OR THAT ALL MAIL THAT IS BLOCKED CONSTITUTES UNWANTED MAIL/ SPAM. CONSISTENT WITH OTHER STATEMENTS SET FORTH IN THIS SECTION, "ATI" DOES NOT WARRANT THAT SUCH FEATURE WILL BE ERROR-FREE.
In addition, in its sole discretion, "ATI" may make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by "ATI" to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS AND AGREES THAT "ATI" AND ITS THIRD-PARTY SUPPLIERS OF ANY SUCH SECURITY SOFTWARE DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT "ATI" AND ITS THIRD-PARTY SUPPLIERS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) OR THE INFORMATION STORED ON IT THAT MAY RESULT FROM THE SECURITY SOFTWARE OR ITS NON-PERFORMANCE.
When Customer uses the Service and/or accesses "ATI" web sites, Customer may encounter links allowing Customer to visit web sites operated or owned by third parties (“Third Party Site(s)”). "ATI" provides these links as a convenience and they are not under the control or ownership of "ATI". The presence of a link to any Third Party Site is not an endorsement by "ATI" of the Third Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Customer’s use of any third party site is governed by the various legal agreements and policies posted at that web site.
CUSTOMER UNDERSTANDS AND AGREES THAT "ATI" DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE "ATI" NETWORK OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE "ATI" NETWORK WILL BE AVAILABLE TO CUSTOMER. Customer understands and agrees that the speed of the Service provided at Customer’s site will vary depending upon a number of factors, including Customer’s computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond "ATI's" control, and system failures, modifications, upgrades and repairs.
Customer understands that "ATI" may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with "ATI's" AUP (“Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and managing network resources through techniques such as limiting the number of peer-to-peer sessions Customer can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as "ATI" may from time to time determine appropriate.
Customer further understands and agrees that, to allocate bandwidth across all of its users, "ATI" may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files.
Customer’s sole and exclusive remedies under this Agreement are as set forth in this Agreement. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Customer.
6.2 Limitation of Liability/Exclusive Remedy: "ATI's" ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE OR ITS SOFTWARE AND EQUIPMENT, OR ANY BREACH BY "ATI" OF ANY OBLIGATION "ATI" MAY HAVE UNDER THIS AGREEMENT, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE SOFTWARE OR EQUIPMENT PROVIDED BY "ATI" TO CUSTOMER. IN ADDITION, "ATI" SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF, ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTIFY THEFT, FOR ANY TV, MONITOR OR SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV, MONITOR OR SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. "ATI" SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES.
FOR CERTAIN PRODUCT OFFERINGS, "ATI" MAY OFFER A LIMITED 30-DAY, NO RISK MONEY-BACK GUARANTEE. ANY SUCH LIMITED GUARANTEE IS SUBJECT TO THE SPECIFIC CONDITIONS INCLUDED WITH THE OFFER. IN NO EVENT SHALL "ATI" LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO ACCESS AND USE THE SERVICE FOR A PERIOD OF THREE MONTHS. CUSTOMER HEREBY RELEASES "ATI" FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
IN NO EVENT SHALL "ATI" BE LIABLE FOR ANY BREACH OF WARRANTY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, LOST PROFITS, OR PUNITIVE DAMAGES WITH REGARD TO THE INSTALLATION, OUTAGE, MAINTENANCE, USE, FAILURE OR REMOVAL OF THE SERVICE, EVEN IF DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF "ATI", ITS EMPLOYEES OR AGENTS.
CUSTOMER ACKNOWLEDGES AND AGREES THAT "ATI" HAS SET ITS PRICING FOR THE SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER UNDERSTANDS AND AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS IN THE AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
6.3 Right of Entry and Damage to Customer’s Home or Business Computer During Installation: Customer agrees to permit "ATI" to enter Customer’s home and property at reasonable times to install, connect, disconnect, repair or inspect the equipment used to provide the Service. If Customer is not the owner of the premises upon which the Service is to be installed or serviced, Customer represents and warrants that Customer has obtained the consent of the owner of the premises for "ATI" personnel and/or its agents to enter the premises for the purposes described above. "ATI" will not enter Customer’s home to install or repair Customer’s Service unless an adult is present in Customer’s home at the time of the service call. Customer authorizes any other adult resident or guest at Customer’s residence to grant "ATI" access to Customer’s premises, if Customer is not at home when "ATI" makes a service visit. Customer acknowledges and agrees that installation or repair of the Service or Customer’s cable system may require "ATI" personnel and/or its agents to open Customer’s computer. "ATI" neither represents, warrants, nor covenants that such modifications will not disrupt the normal operation of Customer’s computer. "ATI" shall not be liable for any damage, loss or destruction to Customer’s home or Customer’s computer equipment whatsoever during installation or repair, including but not limited to any damage to, or loss or destruction of, any hardware, software, files or data. "ATI" is also not responsible for returning Customer’s computer to its original configuration. If Customer is not the owner of the premises, Customer shall indemnify and hold "ATI" harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
6.4 Damage to Equipment Owned by "ATI": All equipment provided by "ATI" shall remain its sole property throughout the term of this Agreement, unless expressly stated otherwise. Customer agrees that Customer will not sell, transfer, lease, assign or otherwise encumber any equipment leased by "ATI" to Customer. Customer agrees to pay the full retail cost for the repair or replacement of any lost, stolen, damaged or unreturned Equipment, together with any costs incurred by "ATI" in obtaining or attempting to regain possession of leased equipment.
6.5 Force Majeure: Customer agrees that "ATI" will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.
6.6 Mailbox Deactivation: Customer agrees that "ATI" owns any and all mailboxes associated with the Service and may reclaim such mailboxes at any time for any reason. "ATI" may also limit the number of new email addresses that can be created within a 24 hour time period. Customer agrees that if Customer does not access a "ATI" mailbox for a period of six months, "ATI" may deactivate the mailbox. Customer understands that "ATI" will delete the contents of the mailbox, if any, at that time. If after that time, Customer does not access such "ATI" mailbox for an additional period of three months, "ATI" shall have the right to reassign such mailbox.
6.7 Mail Storage: If Customer elects to store electronic mail on "ATI's" server(s), such electronic mail is subject to deletion three days after Customer first retrieves such electronic mail. Regardless of the retrieval protocol used by Customer, in no event will "ATI" be responsible for maintaining, and "ATI" will not guarantee storage of, such electronic mail for any period of time. "ATI" also reserves the right to enforce email storage limits.
6.8 Network Security and Management: Customer agrees that "ATI" may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. "ATI" may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers, including, but not limited to, traffic prioritization and protocol filtering, and in some instances, suspend or terminate access by Customer to the network. "ATI" may take these actions, with or without notice, in situations where "ATI" believes, in its sole discretion, that Customer may harm the "ATI" network or disrupt the performance of the Service for other users or where Customer is transmitting or is otherwise connected with what "ATI" considers in its sole discretion to be spam. Customer agrees that "ATI" is entitled to damages if Customer is transmitting or is otherwise connected with spam. Customer agrees "ATI" is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Customer agrees to pay "ATI" liquidated damages of five dollars (U.S. $5.00) for each piece of spam transmitted from or otherwise connected with Customer’s account.
8. Termination of the Service
8.1 Customer’s Right to Terminate the Service: Customer may terminate the Service at any time by calling Customer’s local customer service department. Email submissions to "ATI" shall not constitute effective notice. Upon termination, Customer agrees to pay any outstanding account balance and Customer will return any leased equipment to "ATI" within ten (10) days of termination of account. If Customer does not return leased equipment within ten (10) days of the date of termination of Customer’s account, "ATI" reserves the right to "ATI" customer for up to the full retail value of the leased equipment, which Customer failed to return. IF CUSTOMER CANCELS THE SERVICE FOR ANY REASON, "ATI" WILL NOT BE REQUIRED TO REFUND TO CUSTOMER ANY PORTION OF THE MONTHLY CHARGES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS.
8.2 "ATI's" Right to Suspend/Terminate the Service: The Service and all Service features are subject to availability on an ongoing basis. Customer understands that "ATI" may cease to offer the Service or any Service feature at any time. "ATI" may suspend, disconnect and/or terminate the Service at any time without prior notice if "ATI" believes in its sole discretion that Customer has:
(a) Failed to pay Customer’s bill when due;
(b) Threatened or harassed any "ATI" employee or contractor;
(c) Violated the Acceptable Use Policy; or
(d) Violated any other provision of this Service Agreement.
If Customer is disconnected for any reason and/or service is suspended in accordance with this agreement, Customer may be charged (i) a reasonable disconnection and/or a reconnection fee and/or (ii) for service during the period of suspension in accordance with applicable federal and state law.
8.3 Rights Upon Termination: In the event that Customer’s account is suspended, disconnected, and/or terminated, no refund, including any fees Customer paid to "ATI", will be granted; no online time or credits (for example, points in an online game) will be credited to Customer, nor can it be converted to cash or another form of reimbursement. Moreover, "ATI" will not be responsible for the return of data stored on "ATI's" servers, such as web and e-mail servers. Customer agrees that "ATI" has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer.
9. Home Networking
Customer may elect to receive the HN Service to facilitate the simultaneous, multiple connection to the Service from up to five (5) personal computing devices within Customer’s single household. Customer shall be solely responsible for and shall indemnify and hold "ATI" harmless from and against any and all claims and expenses (including reasonable attorneys’ fees) arising out of Customer’s use or misuse of the HN Service. Customer acknowledges and agrees that the HN Service may only be used for residential, non-commercial purposes. Customer further acknowledges that the HN Service may still be subject to the security risks outlined in Section 1.5 of this Agreement, and that the disclaimer of warranty set forth in Section 6.1 of this Agreement will continue to apply to use of the HN Service. Use of the HN Service for commercial purposes is strictly prohibited. [Please contact the local "ATI" office to inquire about the availability of commercial service options.]
10.1 Entire Agreement: This Agreement and the schedules referenced in this agreement constitute the entire agreement with respect to the Service. This Agreement supersedes and nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
10.2 No Rights or Remedies for Third Parties: This Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and "ATI".
10.3 Governing Law: This Agreement and all matters arising out of or related to this Agreement will be governed by the laws of the State of Michigan, without regard to conflicts of law provisions. Customer agrees that the federal and state courts of Michigan alone have jurisdiction over all disputes arising under this Agreement and Customer consents to personal jurisdiction of those courts.
10.4 Severability: If any term, covenant, condition or portion of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.
10.5 Changes to the Agreement: "ATI" may change, amend, alter, or modify this Agreement at any time. "ATI" may notify Customer of any change either by posting that change on "ATI's" website (www.ATINetworks.net), by sending Customer an e-mail or by U.S. mail. If Customer continues to use the Service after such notice has been made of a change, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by "ATI". This Agreement should be read in conjunction with "ATI's" AUP and all other applicable policies.
10.6 No Assignment: Customer may not assign this Agreement, or Customer’s rights or obligations under this Agreement, without "ATI's" prior written consent. "ATI" may transfer or assign any portion or all of this Agreement at any time without notice to Customer, and Customer waives any such notice which may be required.
10.7 Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
10.8 Contact Information: If Customer experiences a problem with the Service, Customer may contact Customer’s local customer service which can be located using "ATI's" website at (www.ATINetworks.net ).
10.9 Consent to Phone, Mail and Email Contact: Customer consents to "ATI" calling the phone numbers and emailing any email addresses Customer has supplied to "ATI", including mobile and wireless numbers, for any purpose, including the marketing of its current and future Services. Customer agrees that such phone calls may be made using any method, including an automatic dialing system or an artificial or recorded voice. If Customer’s wireless or mobile provider charges Customer for receipt of such messages, Customer acknowledges and agrees that Customer is responsible for paying such charges. Upon Customer’s request, the phone numbers and/or email addresses that Customer has previously provided will be removed from "ATI's" marketing list. Customer can make this request by calling "ATI" or visiting Privacy Settings and requesting to be placed on "ATI's" Do Not Call list and/or Do Not Email list. "ATI" may still contact customer by phone or through email for non-marketing purposes.
(a) Contact Information. Customers can contact "ATI" at:
ATI Networks, Inc.
P.O. Box 1558
344 South Cedar St.
Kalkaska, MI 49646
Phone: (231) 518-0200
(b) Charges. Charges to Customer imposed by "ATI" for use of the Service are as follows: Current rates for using the Service are in "ATI's" Pricing Schedule, which is provided to Customer with the installation kit, may be included in "ATI's" Services Guide and may be posted at "ATI's" website (www.ATINetworks.net). "ATI" reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, all pursuant to Section 4 of this Agreement.
Customer Agreement, Effective February 2010
Copyright © by ATI Networks, Inc. All Right Reserved.
Published on: 11/17/2012
Published on: 11/17/2012