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Angstrom Internet Access Agreement
Prior to accessing the Internet through Angstrom, Incorporated ("Angstrom"), you ("you", "your", "customer", and/or "subscriber") must review the following terms and conditions of the Angstrom Internet Access Service (the "Access Service"). These terms and conditions explain Angstrom’s and Customers’ mutual duties and obligations and constitutes a binding contract between customer and Angstrom. While the terms and conditions set forth in this agreement have been accepted by Customer upon initial setup or connection to the Angstrom Network, Customer agrees to review this agreement from time to time, as Angstrom may revise the terms and conditions of this agreement pursuant to Section Three of the terms of Internet Access Agreement. In Consideration for Internet access, Customer agrees to abide by the terms and conditions set forth below.
I. Terms of Internet Access Agreement.
To make your use of the Access Service as enjoyable as possible, Angstrom sets forth Online Policies, which can be found online at http://www.angstrom.net/policy.html, and at the end of this document. Customer agrees that the Online Policies shall be incorporated into this Agreement by reference. These policies shall be revised over time, and Customer agrees to familiarize himself and to abide by them.
Current account charges, including billing methods, rates, and surcharges for using the Access Service, may be found in Angstrom’s Online Policies or may be obtained by calling Angstrom Customer Service at (412) 688-8844.
Customer agrees that Angstrom may revise the terms and conditions of this Agreement (including Angstrom’s Online Policies); revise its billing rates and account surcharges; and modify the services provided under this Agreement at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Agreement on Angstrom’s website found at http://www.angstrom.net/policy.html, or upon notification to customer by e-mail or United States mail.
Customer agrees to review the Agreement and Angstrom’s Online Policies periodically so as to make yourself aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing Angstrom with written notice by United States mail, or by contacting Angstrom’s Customer Service via email. Notice of your termination will be effective upon receipt of such correspondence.
Customer agrees that, by continuing to use the Access Service following notice of any revision to the Agreement or Angstrom’s Online Policies, that you accept any such revisions and agree to abide by any such revisions.
Angstrom reserves the right to distribute informative e-mails to its subscribers at any time that Angstrom believes may prove pertinent to the quality of its service. These announcements may include information about revisions to this Agreement or Angstrom’s Online Policies) and/or modifications to the services provided under this Agreement or other information about Angstrom’s services.
II. Registration Information.
Customer agrees to provide Angstrom with accurate, complete registration information, to promptly notify Angstrom when such information changes, and to verify such information upon request from Angstrom. Failure to provide Angstrom with accurate registration information constitutes unauthorized use of the Access Service and your account may be terminated immediately.
CUSTOMER AGREES THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
III. Internet Access Service.
Angstrom Internet Access Service will provide customer with: unlimited connectivity to the Internet through Angstrom Internet Access Service; customer technical phone support; and fully licensed Internet access software. "Unlimited connectivity" is defined as "flat-rate, non-metered Internet access via Angstrom."
The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with Angstrom. Angstrom cannot and does not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. Customer agrees that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
Customer agrees that Angstrom retains the right, but has no obligation to restrict or terminate your Access Service at any time, if Angstrom, in its sole discretion, determines that you are in violation of this Agreement or Angstrom’s Online Policies. Customer agrees that Angstrom may restrict or terminate Your Access Service effective immediately upon Angstrom’s determination of a violation of this Agreement or Angstrom’s Online Policies. Customer agrees that Angstrom will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.
CUSTOMER AGREES THAT IF ANGSTROM TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF ANY VIOLATION OF THIS AGREEMENT OR ANGSTROM’S ONLINE POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND ANGSTROM AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. Customer further agrees that Angstrom has no obligation to forward any email for an account canceled due to a violation. Angstrom reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone Angstrom suspects as acting on behalf of someone whose account has been canceled for a violation. Angstrom reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.
Angstrom reserves the right to disconnect and/or temporarily suspend an account without warning if in Angstrom’s sole discretion a reasonable suspicion exists that such disconnection or suspension would prevent or interrupt a violation of this Agreement or Angstrom’s Online Policies.
Subject to the provision of the Digital Millennium Copyright Act and any other applicable laws and regulations, Angstrom reserves the right to remove or block access to, either permanently or temporarily, any files which Angstrom suspects or which a third party alleges are associated with a violation of the law, this Agreement or Angstrom’s Online Policies, or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.
Angstrom reserves the right to refuse "smarthosting" connectivity and other similar services and procedures to any user who owns or operates an open mail relay.
Angstrom reserves the right to remove, either permanently or temporarily, any e-mail that has been left on Angstrom’s servers for an inordinate period of time. While this period of time generally is thirty days, Angstrom may, in its sole determination, change this period length to facilitate network administration.
If the connection to Angstrom’s Access Service has no activity from the user for a period of 15 minutes, then Angstrom may disconnect services and end the session. Customer agrees and warrants that he shall not use software or devices that mimic activity in order to usurp Angstrom’s right to end sessions for lack of activity.
Customer is responsible for verifying that the phone number your computer is dialing in order to access the Internet through Angstrom is a local access number. Any telephone charges associated with your access to the Internet through Angstrom shall be the Customer’s sole responsibility. ANGSTROM DOES NOT REIMBURSE OR PAY, AND SHALL NOT BE RESPONSIBLE FOR ANY TELEPHONE CHARGES FOR ANY REASON.
Customer is responsible for obtaining and maintaining any communications equipment necessary to connect to Angstrom, including modems, computer hardware and software, and long distance or local telephone service. Customer is responsible for ensuring that such equipment or service is compatible with Angstrom’s requirements. In addition, Customer is responsible for maintaining the security of his account, password, files, network and user access, and any information disseminated through Angstrom’s network or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.
By using the Access Service Customer agrees that Angstrom shall not be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Access Service.
Customer agrees not to sell, assign or transfer your service order without prior written consent of Angstrom. Angstrom may at any time sell, assign or transfer this agreement without notice, including but not limited to sale of Customer's account to any similar interactive service, or the sale of any whole or part of Angstrom, Incorporated. CUSTOMER AGREES THAT ANGSTROM SHALL HAVE NO LIABILITY IN THE EVENT OF SUCH TRANSFER, SALE OR ASSIGNMENT. CUSTOMER AGREES TO COOPERATE IN ANY SUCH TRANSFER, INCLUDING BUT NOT LIMITED TO THE CHANGE OF EMAIL ADDRESS, THE CHANGE OF DIAL-UP ACCESS NUMBERS, AND THE INSTALLATION OR UPGRADE OF SOFTWARE NECESSARY TO UTILIZE ANY NEW SERVICE PURSUANT TO SUCH SALE ASSIGNMENT OR TRANSFER.
IV. Content of Communications.
The Access Service provides customer access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on Angstrom’s servers and on the Internet ("Content"). As a matter of policy, Angstrom does not pre-screen Content placed on Angstrom’s servers by any of its subscribers. Moreover, Angstrom does not have the practical ability to monitor, review, or restrict access to Content on Angstrom’s servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations who are not Angstrom subscribers. Angstrom does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on Angstrom’s own servers, nor to monitor all communications between parties. CUSTOMER AGREES THAT YOU SHALL BE RESPONSIBLE FOR AND BEAR ALL RISK ASSOCIATED WITH THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY CONTENT AVAILABLE TO YOU ON OR THROUGH THE ACCESS SERVICE AND FOR ALL YOUR COMMUNICATION ON THE ACCESS SERVICE.
Customer agrees that notwithstanding anything herein to the contrary, Angstrom has the right, but not the obligation, to remove Content from Angstrom’s servers which Angstrom, in its sole discretion, determines to be in violation of this Agreement or Angstrom’s Online Policies.
Customer acknowledges that you may receive or be exposed to Content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. CUSTOMER AGREES THAT ANGSTROM WILL NOT BE LIABLE FOR ANY ACTION OR INACTION WITH RESPECT TO ANY SUCH CONTENT POSTED ON OR THROUGH THE ACCESS SERVICE AND THE INTERNET.
V. Copyright and Other Rights.
The Access Service provides access to Content that is protected by copyrights, trademarks, and other intellectual property rights ("Rights") of various third parties.
Customer agrees that his use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.
Customer agrees not to upload, download, display, perform, transmit or otherwise distribute on or through the Access Service any material (including, without limitation, any Content to which you have access through the Access Service) that is subject to another party’s Rights, without that party’s express permission or unless otherwise authorized by law. Customer acknowledges and agrees that any such unauthorized conduct may result in termination of this Agreement and may expose you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT ANGSTROM SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCESS SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
Customer agrees that by posting or transmitting or otherwise distributing material to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries) that customer is requesting and authorizing Angstrom to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically grant, and/or represent that owner of any such material has expressly authorized you to grant, Angstrom a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or represent that the publication, distribution, performance and display of such material (in whole or in part) by Angstrom is otherwise authorized by law.
In the event that customer stores material on Angstrom’s servers at customer’s direction, customer acknowledges and agrees that in the event that Angstrom receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent, Angstrom shall have the right immediately to remove or block access to such material. Under such circumstances, however, customer shall have the right to notify Angstrom that such material has been removed or access denied as a result of a mistake or misidentification of the material. Customer agrees to review Angstrom’s policy with respect to such notices found in Angstrom’s Online Policies. Customer also acknowledges and agrees that, under appropriate circumstances, Angstrom shall have the right to remove or block your access to allegedly infringing Content provided by third parties.
VI. Rights in Angstrom Access Service Software and Other Materials.
Customer’s use of the Access Service gives him limited rights to use the software through which you access Angstrom’s Internet Access Service and the Internet. Angstrom grants customer a non-exclusive, non-transferable, revocable, limited license or sublicense to use such software solely for the purpose of connecting to the Access Service in accordance with this Agreement. Upon the termination of this Agreement for any reason, your license or sublicense to use such Access Service Software shall automatically terminate.
Customer acknowledges that Angstrom and its licensors have Rights in any software provided, including, without limitation, the software and related documentation, certain Content provided by Angstrom or its licensors, the "look and feel" of any software provided, software names, subscriber interfaces, and other features.
Customer agrees not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any Content or any aspect of the software that is owned by or in which Angstrom or its licensors have Rights, including, without limitation, the aforementioned software.
VII. NO WARRANTIES.
CUSTOMER AGREES THAT YOUR USE OF THE ACCESS SERVICE, ANY SOFTWARE PROVIDED BY ANGSTROM, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. CUSTOMER AGREES THAT THE ACCESS SERVICE AND ANY SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, ANGSTROM DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: LOSS OR CORRUPTION OF DATA; LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; ACCESS DELAYS OR ACCESS INTERRUPTIONS; COMPUTER VIRUSES; NON-DELIVERY OR MIS-DELIVERY OF DATA; THE NEGLIGENT ACTS AND/OR OMISSIONS OF ANGSTROM OR ANGSTROM SUBSCRIBERS; ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS SERVICE, ANY FAILURE OF ACCESS SERVICE SOFTWARE TO BE YEAR 2000 COMPLIANT; AND; LOSS OR LIABILITY RESULTING FROM ACTS BEYOND ANGSTROM’S CONTROL.
Customer agrees that Angstrom’s entire liability, and your exclusive remedy, with respect to use of the Access Service, your use of any provided Software, and any breach of this Agreement is solely limited to the amount you paid to use the Access Service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Angstrom’s liability is limited to the extent permitted by law.
Customer may not rely on oral or written information or advice given by Angstrom’s officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Customer’s rights and Angstrom’s responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by Angstrom to govern the use of the Access Service.
VIII. Indemnification.
Customer agrees to defend, release, indemnify, and hold Angstrom, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Access Service.
Customer agrees that Angstrom has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.
IX. Termination.
Customer agrees that, notwithstanding anything herein to the contrary, you or Angstrom may terminate this Agreement for any reason at any time.
Customer agrees that your only right with respect to any dissatisfaction with any agreement term, policy, or practice of Angstrom in operating the Access Service; any Content available on or through the Access Service; or change therein, or amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1 of this section.
Customer agrees that Angstrom has the right, but not the obligation, to delete all program, data, or other files on Angstrom’s servers that are associated with your account at the time of termination.
Only the person whose name is on the account shall have the right to change the user id(s) and/or password(s) for the account, and/or cancel an existing account. Some restrictions may apply to your selection of user id.
The following fees and charges are non-refundable: Web and Publishing/Development Fees, Domain registration fees, Static IP charges, Sub Class C charges and Class C, and any shipping and handling charges.
X. Miscellaneous.
Customer agrees that this Agreement and Angstrom’s Online Policies, which are incorporated by reference, comprise the entire understanding between Angstrom and you, and supersede any prior agreements or correspondence between you and Angstrom and/or any postings or other notices from Angstrom with respect to the subject matter of this Agreement.
Customer agrees that, if any portion of this Agreement or Angstrom’s Online Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.
The Agreement will be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. Customer and Angstrom each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the Commonwealth of Pennsylvania and the federal courts located in the Commonwealth of Pennsylvania.
XI. International Use of Angstrom’s Site.
Angstrom makes no representation that materials on this site prove appropriate or available for use in locations outside the United States. Accessing materials from Angstrom’s site from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
XII. Acceptance by User.
1. I accept the terms of this Internet Access Agreement and agree to be bound by its terms.
Angstrom’s Online Policies
Angstrom’s dedication to customer service means that Angstrom strives to maintain an Internet Access Service ("Access Service") that provides Angstrom customers with an enjoyable Internet experience, and an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner. Angstrom’s Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: Angstrom Account Charges; the content of the material that you may find on or through the Access Service; goods and services available online through the Access Service; and procedures for reporting complaints regarding a person’s online conduct.
Angstrom’s Online Policies, including the following list of Prohibited/Abusive Activities, are part of your subscriber agreement. Please note that if you engage in any such activities, Angstrom may suspend or terminate your account.
As explained in your subscriber agreement, your use of Angstrom Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, trade secrets, obscenity, defamation, rights of privacy and publicity, false advertising, and fraud.
In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person’s use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by generally accepted rules of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on Angstrom’s network. Following these rules will ensure that everyone has an enjoyable Internet experience.
1. PROHIBITED/ABUSIVE ACTIVITIES.
For purposes of the Prohibited/Abusive Activities, the term "content" means information or material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic, pictorial audio, or audio-visual form.
When using the Access Service:
(a) Defamation. Customer agrees not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
(b) Fraud. Customer agrees not to post or transmit any fraudulent content on or through the Access Service. This includes any content that you know or have reason to know is false, and that you intend for others to rely on.
(c) False Advertising. Customer agrees not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
(d) Unsolicited Advertising. Customer agrees not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose. You further agree not to involve or associate Angstrom in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising an Angstrom-hosted web page, and unsolicited advertisements sent from another service provider which request that replies be sent to an Angstrom email address.
(e) Copyright Violations. Customer agrees not to post or transmit on or through the Access Service any content that infringes another person’s or entity’s copyright in all or any part of the content.
(f) Trademark, Service Mark, and Trade Dress Violations. Customer agrees not to post or transmit on or through the Access Service any content that infringes, dilutes or otherwise violates another person’s rights in its trademarks, service marks, trade dress, or other indicia of origin.
(g) Trade Secret Violations. Customer agrees not to post or transmit on or through the Access Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
(h) Obscenity. Customer agrees not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Access Service.
(i) Harassment, Threats, and Abuse. Customer agrees not to use the Access Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
(j) False Pretenses. Customer agrees to not use the Access Service to impersonate any person, including but not limited to, an Angstrom official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(k) Chain Letters. Customer agrees to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.
(l) Inappropriate Content. Customer agrees not to post or transmit on or through the Access Service content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
(m) Scrolling. Customer agrees not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service.
(n) Disruptive Activities. Customer agrees not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other subscribers, users, individuals, or entities.
(o) Violations of Service Providers’ Rules. Customer agrees to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(p) Multiple Access. Customer agrees that this Agreement is not transferable. Customer agrees not to simultaneously access the Access Service for more than one session at any time.
(q) Abuse of Angstrom Procedures. Customer agrees not to make false or unverified complaints against any Angstrom subscriber, or otherwise abuse any of Angstrom Complaint Response Procedures.
(r) Systems Abuse. Customer agrees not to abuse Angstrom’s system, or any other system accessible through the Internet via Angstrom, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at Angstrom or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
(s) SPAM. Angstrom does not reject Spam per se. We do, however, reject the types of Email that we believe to be associated with 'bad' Spam. For this reason, we have formulated a policy for unsolicited Email available at http://www.angstrom.net/email.html. Angstrom frowns upon messages with illegal return addresses, so that recipients cannot request to be removed from a mailing list, as well as messages that are relayed from outside domains, allowing malicious senders from other networks to obfuscate their whereabouts (make a message appear to originate from Angstrom when, in fact, it does not).
Angstrom does not condone irresponsible bulk e-mail from its customers. We are, however, charitable. Our policy in the past has been to warn customers on the first offense. Disregard for the warning typically results in termination of the service contract. This policy has been successful on the few occasions that a customer has attempted to Spam. However, Angstrom reserves the right to terminate any Customer who abuses Spam, even in the first instance, when such action compromises the Angstrom network, or if it rises to the level of abuse toward our customers, or third party networks. Angstrom reserves the right to block any domain from accessing the Angstrom network when such domain demonstrates an inability to control outgoing Spam. Angstrom keeps track of e-mail abuse. Sending mail to postmaster@angstrom.net with a copy of the message as evidence of the abuse and a brief description of the situation will give us the information we need to look into the situation. In keeping with de facto standards of the Internet, we will also accept mail at abuse@angstrom.net for the same purpose.
Angstrom commits itself to delivering the best possible Internet service. Our current standing policy seems to be a pragmatic compromise between privacy and honest commercial endeavor. We are interested in hearing what our customers have to say about this controversial topic. Please send comments to policies@angstrom.net. We look forward to hearing from you.
(t) Support Abuse. Customer agrees not to harass, threaten or abuse authorized representatives of Angstrom, including but not limited to tech support representatives, customer relations representatives, and sales representatives, or otherwise abuse Angstrom’s support services.
(u) Inappropriate software, products, and services. Customer agrees not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of Angstrom or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
(v) Reselling. Customer agrees not to resell Angstrom services or products without an express written agreement with Angstrom to do so.
2. CONTENT OF ONLINE MATERIAL.
Angstrom Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on Angstrom computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods and services that you may find improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.
As a matter of policy, Angstrom does not pre-screen Content placed on Angstrom computer servers by any of its subscribers. Moreover, Angstrom does not have the practical ability to monitor, review, or restrict access to Content on Angstrom’s servers prior to its transmission or to monitor all communications between parties. Thus, there may be Content on Angstrom servers which may violate Angstrom rules, and you may receive offensive and unsolicited Content that Angstrom cannot control.
Angstrom retains the right to remove Content from Angstrom’s servers that violates the Internet Access Agreement (including these Online Policies). In particular, Angstrom reserves the right to remove or block access to material if it receives appropriate notice that such material infringes the proprietary rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent. However, the Access Service provides access to users who are not a part of Angstrom Access Service and Angstrom does not have the capability to monitor, review, remove or restrict access to any Content made available by third parties on the Internet.
Accordingly, Angstrom cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. Angstrom suggests that concerned parents consider using one of the commercially available software programs capable of restricting access to sexually explicit material on the Internet. However, no parental control software is perfect. Your use of such software is solely at your own risk. Angstrom makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.
3. PRIVACY OF COMMUNICATIONS.
Angstrom intends to respect its subscribers’ privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, Customer agrees that Angstrom has the right, but not the obligation, to monitor or disclose the contents of private communication, if Angstrom, in its sole discretion, reasonably believes that such action is necessary: to comply with applicable law or valid legal process; to protect Angstrom’s rights or property; or in emergencies when a person’s physical safety is at issue.
In addition, Angstrom reserves the right under appropriate circumstances to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
4. ONLINE GOODS AND SERVICES.
Angstrom does not control or take responsibility for any Content, goods, or services that independent third parties make available on or through the Access Service. Subscribers may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. Please remember that Angstrom does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such Content, goods, or services, and your use thereof is solely at your own risk.
You should use your best judgment and exercise caution when purchasing a product or service through the Access Service. Angstrom will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. Angstrom assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. Angstrom disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.
5. ACCOUNT CHARGES.
Angstrom believes that once you try Angstrom, you'll never want to leave so we offer a 15-day free trial to prove it. Before your 15 day free trial expires, let us know about your experience and which payment plan you wish to use by sending e-mail to billing@angstrom.net. If Customer wishes to continue service with Angstrom notify us of your decision and set up a billing schedule, otherwise Angstrom will automatically charge your credit card for one month plus setup. If Customer does not specify a payment schedule, Angstrom will commence a monthly billing schedule, charging Customer’s account $17.95 a month. Decision to terminate Angstrom’s Access Service prior to the close of the 15 day free trial requires notification before the expiration of the trial period, otherwise Customer authorizes Angstrom to commence billing, and Angstrom will bill for one month of service plus setup.
Customer is responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, Customer is responsible for such charges until you notify Angstrom of a breach of security by calling Angstrom at (412) 688-8844 and change your password. Please be advised that the contact person or listed owner of the Angstrom Internet Account is solely responsible for activities conducted through, on or with their Angstrom Internet Account, including activities by other persons (including minors) whether or not authorized by such contact person or listed owner. If Customer, or someone to whom Customer has given access to an existing account, violates the Angstrom Internet Access Agreement, your account may be terminated. If your account is terminated because of violations of Angstrom’s Internet Access Agreement or Angstrom’s Online Policies, Customer will not be entitled to a refund, such forfeiture being agreed to you and Angstrom as liquidated damages and not as a penalty.
If Customer pays by credit card, you expressly authorize Angstrom to charge the credit card account number associated with your Account for any Access Service charges that accrue from billing period to billing period. Customer re-authorizes Angstrom to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing. Angstrom may immediately terminate your account, in Angstrom’s sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges, and Angstrom reserves the right to suspend service without prior notification.
If Customer chooses to be billed by invoice, payment is due upon receipt of invoice. Accounts are in default if payment is not received within 30 days of date of invoice. Accounts unpaid for 45 days after date of invoice may have their service interrupted. If any instrument received in payment is returned to Angstrom unpaid, your account will be considered to be in default, and in addition to the amount due, Customer will be subject to a returned check charge of $25.00. If Customer’s account is canceled or interrupted for non-payment, Customer agrees to continue to pay monthly account charges. Only Customer’s written request to terminate the account will relieve him of his obligation to pay the monthly account charges.
If Customer’s account is in default, Customer is subject to an interest charge of 1.5 percent per month, or the maximum allowable rate under state law. If Customer defaults on your account, Customer agrees to pay Angstrom its reasonable expenses, including attorneys’ fees and collection agency fees, incurred in enforcing Angstrom rights under the Angstrom Internet Access Agreement or Angstrom’s Online Policy.
6. ANGSTROM’S COMPLAINT RESPONSE PROCEDURES.
Angstrom’s dedication to customer service means that Angstrom takes seriously and attempts to respond to all complaints about its subscribers’ use of the Internet. This means complaints by both Angstrom subscribers and complaints by other Internet users. Angstrom believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.
Angstrom will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about Angstrom subscribers.
Angstrom will respond to any complaint that involves online activities that are Prohibited/Abusive Activities. In particular, Angstrom will respond to complaints that material stored on its system at the direction of one of its subscribers or for system caching purposes or to which Angstrom provides a link or other reference infringes another person’s copyright as provided for in the Digital Millennium Copyright Act (a "Copyright Complaint") or otherwise violates the criminal or civil laws of the United States, the several states or a foreign country.
Please note that Angstrom has designated an agent for receiving and processing such Copyright Complaints. The contact details regarding such agent are as follows:
William Joseph Trumpbour, Esquire
Angstrom, Incorporated.
5909 Coverdale Way
Alexandria, Virginia 22310
Telephone: (703) 719-9162
E-mail: wtrump@angstrom.net
How to Submit a General Complaint:
1. Form of Complaint
General Complaints may be submitted by e-mail ( abuse@angstrom.net), via facsimile at (412) 688-9697, or via mail at:
Angstrom Incorporated
305 South Craig Street
Pittsburgh, Pennsylvania 15213
Attention: General Complaint.
2. What Information Should be Submitted
A. General Complaints
(i) The IP address used to commit the infraction.
(ii) The date on which the infraction was committed.
(iii) The time at which the infraction was committed (if applicable).
(iv) The time zone relevant to (b) and (c) above (if applicable).
(v) Some evidence of the infraction.
E-mail with full header information provides all of the above criteria. Syslog files usually
provide all but (iv). Other situations will require different methods of providing the above.
B. Copyright Complaints.
Angstrom respects the intellectual property of others. We request that individuals associated with our site do the same. In the event one believes that copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify Angstrom by providing our copyright agent with the following information:
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity (or if multiple works are claimed to be infringed at a single site, a representative list of such works).
- Please provide information sufficient to locate the alleged infringing material or reference or link on Angstrom’s system (for example the URL of the website where it is posted or the name of the book in which it has been published).
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- The address, telephone number, and/or email address of the complaining party or its client.
- A statement that the complaining party or its client has a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the owner’s agent or the law.
- A statement, made under penalty of perjury, that the copyright infringement Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- If the complaining party is not the copyright owner, a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right.
- If the material is stored on Angstrom’s system for caching purposes, a statement confirming that the material has been removed or access-disabled from the originating site or that a court has ordered such removal or disabling.
If Angstrom receives a Copyright Complaint containing the information specified above, it shall promptly remove or block access to such materials. Please refer to our copyright agent above to submit such complaints.
C. Subscriber Counter Notice
However, if the complaint arises out of a claim that the infringing material was stored on Angstrom’s system at the direction of one of its subscribers, Angstrom shall attempt to notify the relevant Angstrom subscriber of the action taken. If the subscriber believes in good faith that the material was removed or access blocked as a result of a mistake or misidentification, that subscriber may send a counter notice to Angstrom’s agent. Such counter notice should include the following:
- Identification of the material that has been removed or to which access has been blocked and the location on the Angstrom system where the material appeared.
- A statement, made under penalty of perjury, that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- The subscriber or complaining parties’ name, address and telephone number.
- A statement that the subscriber consent to the jurisdiction of the U.S. District Court for the federal district in which the subscriber resides and that the subscriber will accept service of process from the complaining party or its agent.
- If the complaining party is not the copyright owner, a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
- The subscriber’s physical or electronic signature.
Upon receipt of such an appropriate counter notice, Angstrom shall promptly replace the removed material and/or cease disabling access to it unless Angstrom first receives appropriate notice from the complaining party that it has filed a law suit seeking a court order to restrain the subscriber from engaging in the allegedly infringing activity. Please submit counter notices to Angstrom’s copyright agent listed above.
Liability for Misrepresentations.
Please note that any person who knowingly misrepresents to Angstrom that material is infringing shall be liable to Angstrom and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Angstrom and/or the alleged infringer as a result of Angstrom’s relying on such misrepresentation and removing or disabling access to such material.
Similarly, any person who knowingly misrepresents to Angstrom that the material was removed or access blocked by mistake or misidentification shall be liable to Angstrom and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Angstrom and/or the copyright owner or its authorized licensee as a result of Angstrom’s relying on such misrepresentation and replacing such removed or blocked material.
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL ANGSTROM CUSTOMER SERVICE DEPARTMENT AT (412) 688-8844.
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