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Copyright © Spectrum Communications & Consulting, Inc. 2003. All rights
reserved.
Site Content and Information Disclaimer
The Spectrum Communications & Consulting, Inc. web site contains information,
advice, text, and other materials (Spectrum Communications & Consulting, Inc.
Information) that is provided for your convenience and enjoyment. You should be
aware that the Spectrum Communications & Consulting, Inc. information may
contain errors, omissions, inaccuracies, or outdated information, and Spectrum
Communications & Consulting, Inc. disclaims any obligation to update such
information. Spectrum Communications & Consulting, Inc. makes no representations
or warranties as to the completeness, accuracy, adequacy, currency, or reliability
of any Spectrum Communications & Consulting, Inc. Information and shall not
be liable for any lack of the foregoing. Descriptions of, or references to, products
or publications within Spectrum Communications & Consulting, Inc.' web site
does not imply endorsement of any product or publication. Information and statements
contained in this web site are not offers to sell or solicitations to buy any
security. Spectrum Communications & Consulting, Inc. is not engaged in rendering
legal, accounting, or other similar advice or professional services. If legal
advice or other expert assistance is required, the services of a competent professional
should be sought.
Spectrum Communications & Consulting, Inc. makes no representation whatsoever
regarding the content of any other web sites that you may access from Spectrum
Communications & Consulting, Inc.' web site. When you access a non-Spectrum
Communications & Consulting, Inc. web site, please understand that it is independent
from Spectrum Communications & Consulting, Inc. and that Spectrum Communications
& Consulting, Inc. has no control over the content on that web site. A link
to a non-Spectrum Communications & Consulting, Inc. web site does not mean
that Spectrum Communications & Consulting, Inc. endorses or accepts any responsibility
for the content or use of such web site.
Service Availability
Spectrum Communications & Consulting, Inc. can not guarantee that a particular
service or speed will be available to you until we actually complete the service
set-up, even if we believe that it should be available and accept an order for
it. All orders are subject to downgrade or cancellation as a result of unforeseen
problems with the infrastructure. However, statistically, the vast majority of
the orders we accept are successfully installed at the speed offered when the
order was received, and we are constantly refining our ordering tools to further
improve their accuracy.
Safe Harbor Statement under the Private Securities Litigation Reform Act of
1995
The statements contained in this web site, which are not historical facts,
may be deemed to contain forward-looking statements, including, but not limited
to, deployment, scalability and integration of Spectrum Communications & Consulting,
Inc. network in new and existing regions and the timing and breadth of coverage
in each area. Actual results may differ materially from those anticipated in any
forward-looking statements as a result of certain risks and uncertainties, including,
without limitation, Spectrum Communications & Consulting, Inc. dependence
on strategic third parties to market and resell its services, intense competition
for service offerings, dependence on growth in demand for the services, availability
of collocation space, loops and facilities, ability to manage and scale operations.
Spectrum Communications & Consulting, Inc. disclaims any obligation to update
information contained in any forward-looking statement.
Non-Disclosure
During the term of this Agreement and for aperiod of twelve (12) months thereafter,
Customer shall not issue any statements, confirm, or otherwise disclose to the
general public, to the news media, or to any third party, except with the prior
written consent of Spectrum both as to the content and timing of any such disclosure
or as may be required by law: (i) the existence or history of discussions that
have taken o are taking place between the parties; (ii) any terms or conditions
contained herein; or (iii) the existence of this Agreement or any business relationship
with Spectrum.
Assignment
Spectrum reserves the right to assign and/or transfer this Agreement or any
of its rights or obligations hereunder without the prior written consent of the
other party. Spectrum may assign all or part of this Agreement immediately, without
the prior written consent of Customer: (a) to any entity that controls, is controlled
by, or is in common control with Spectrum; (b) to any successor in interest to
Spectrum; or (c) if necessary to satisfy the rules, regulations and/or orders
of any federal, state or locl governmental agency or body.
Service Agreement
This Spectrum Wireless Internet Access Wireless Service Agreement ("Agreement")
is entered into between Spectrum Communications & Consulting, Inc. ("Spectrum),
having an office at 3701 Algonquin Rd Suite 150, Rolling Meadows, IL. 60008, and
the customer designated on the Work Order ("Customer") and also referred
to as "You" in this agreement. The parties agree to the following:
DEFINITIONS
Webserver Storage - "Webserver Storage" shall be defined as a certain
number of megabytes ("MB") of storage accessible by means of an Internet
connection to you by Spectrum, which storage is an electronic logical organization
of information in an information storage facility (referred to as "Server,")
which is created and maintained by Spectrum for the electronic display and publication
of its Content.
Content - "Content" shall be defined as any and all information presented
in your Webserver Storage including without limitation, text, graphics, video
and links.
Traffic - "Traffic" is the volume of information which is electronically
passed between the Internet, Webserver Storage, and the end user, as measured
in MB.
FTP - "FTP" represents the File Transfer Protocol, which is the standard
process for a party to access the information stored in the Webserver Storage,
or add additional information thereto.
USE OF SERVICE
You are solely responsible for protecting and securing of data input and output,
including the establishment of external means for the recovery of missing data.
You are solely responsible for maintaining the confidentiality of passwords
used by you, and anyhone that uses the service that Spectrum provides customer.
You are solely responsible for preparing Content for placement on the Webserver
Storage.
Your are solely responsible for any liability which may be incurred due to
any Content or material to which users can link from your Webserver Storage. In
addition, you are solely liable for any goods or services sold to users of your
Webserver Storage.
You are solely responsible for providing and maintaining all equipment and
other software necessary to access the Service.
You will not use the Service or permit others to use the Service in any way
that violates any law or regulation; subjects Spectrum to liability; or is in
contravention of Spectrum. You agree to comply with all Spectrums security procedures
and standards and to be bound by the terms and conditions of the End User License
Agreement for any software provided to you.
Monitoring the Service; Disclosure of Member Information. Spectrum has no obligation
to monitor the Service but may do so and may disclose information regarding your
use of the Service to satisfy laws, regulations or governmental requests; to operate
the Service properly; and, to protect itself and its members. However, Spectrum
will not disclose member information to outside persons or entities for the purpose
of soliciting Spectrums members.
Notwithstanding any other provisions in this Agreement, Spectrum may also,
in their sole discretion, disable access to the Web space in order to satisfy
any laws or regulations. In such event, as per of this Agreement, nor Spectrum
assumes any liability whatsoever for any damages that may result from such action.
SPECTRUM MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE
OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.
INSTALLATION AND SERVICE
You hereby authorize Spectrum and/or its authorized contractors to install
a transceiver, modem, software, wiring and other equipment (the "Equipment")
at the location where you are receiving the Services (the "Premises")
necessary to provide Spectrum Wireless Internet Access Service (the "Services").
Any custom installation work that you request, including placing cable under carpet,
through cabinets, through interior walls or inside molding, may require an additional
charge.
Spectrum will not be liable for any alterations to the Premises that result from
the installation or removal of the Equipment, including, but not limited to, holes
in walls, cable wiring or antenna mounting brackets.
You warrant that you own the Premises, or have right to make any changes to the
Premises needed to install the Equipment and receive the Services. Additionally,
it is your obligation to confirm that the placement of the transceiver on the
Premises is not in violation of any covenants, conditions or restrictions.
You agree to allow Spectrum or its subcontractors access to the Premises to perform
installation, repair or maintenance services in support of the Services.
Spectrum may revise, modify or discontinue any or all aspects of the Services,
including but not limited to service and Equipment prices, any applicable tariffs,
and any terms of this Agreement.
Spectrum assumes no responsibility or liability for interruption of the Services.
FEES AND PAYMENT TERMS
Spectrum will provide the Services to you subject to this Agreement, and you
agree to pay for the Services when due by valid credit card or automatic withdrawal
from a valid bank account.
You authorize Spectrum to perform a credit check prior to providing the Equipment
or the Services.
Setup fees are nonrefundable, and Spectrum do not issue pro rata refunds for fees
paid in advance.
You are responsible for paying any and all fees and charges that are not outlined
in this Agreement. Such fees and charges shall include, but are not limited to,
the fees for connectivity, design services, including any and all third parties
whose materials are included as Content in your Webserver Storage.
If you fail to pay all valid charges for the Services when due, Spectrum may charge
you interest on those charges. If you fail to pay any amounts owing to Spectrum
within 30 days, Spectrum will have the absolute right to disconnect the Services
without notice. Upon disconnect, you agree to immediately pay all amounts owing
to Spectrum.
TERM AND TERMINATION TERMINATION FEE
This Agreement will have a 36 month Term.
At the end of the initial Term, this Agreement will automatically renew for successive
one-month period unless you advise Spectrum in writing that you wish to terminate
the Services.
If you terminate this Areement before the end of the Term, you agree to pay Spectrum
a termination fee of $1,500 (the "Termination Fee").
Spectrum has no obligation to remove the Equipment if you terminate the Services.
However, if you fail to pay the Termination Fee, Spectrum may, but is not required
to, remove and resell or reuse the Equipment. If you move out of the Premises,
Spectrum may terminate this Agreement and disconnect the Services and you will
be liable for the Termination Fee.
LIMITED WARRANTY, SERVICE AND REPAIRS
Spectrum will provide a limited parts and labor warranty for the Equipment
and the installation thereof during the initial Term.
This warranty excludes any damage resulting from abuse or negligence, or Acts
of God, as determined solely by Spectrum.
This warranty is in lieu of all other warranties, express or implied, including
but not limited to any implied warranties of merchantability or fitness for a
particular purpose.
If you sell the Equipment, any warranties will automatically and immediately terminate.
You will be charged the Termination fee and you agree to accept this charge
Any repair or replacement of the Equipment and/or correction of an installation
problem following the expiration of this Agreement will be your responsibility.
If Spectrum damages the Premises during the Services' installation or maintenance,
Spectrum will compensate the owner of Premises for reasonable, actual and documented
costs of necessary repair, not to exceed $1,000.
Customer is responsible for the damage of all access eqipment. If any of the access
equipment is damaged you are responsible for replacing the equipment. You will
still be charged for the service.
INTERNET ACCESS
You hereby agree to abide by Spectrum's Acceptable Use Policy.
You access the materials on the Internet at your own risk.
Spectrum may deny you access to all or part of the Services without notice if
you breach this Agreement, including but not limited to, Spectrum's Acceptable
use Policy.
Spectrum's network gathers information about Internet usage such as the sites
visited, session lengths, bit rates, and number of messages and bytes passed.
Spectrum uses this information in the aggregate. Spectrum may share this aggregated
information with other parties from time to time. Spectrum collects and uses personally
identifiable information obtained from you and from other sources for billing
purposes, to provide and change service, to anticipate and resolve problems with
your service, or to identify, create and inform you of products and services that
better meet your needs. Spectrum will not use or disclose any personally identifiable
information regarding Internet usage unless compelled by a court order or subpoena,
you consent to the use or disclosure, or to protect Spectrum's broadband services
and facilities.
LIMITATION OF LIABILITY AND INDEMNIFICATION.
NEITHER SPECTRUM NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF DATA
OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SERVICE PERFORMED
ON YOUR COMPUTER IN SUPPORT OF SPECTRUM. YOU AGREE THAT IT IS YOUR RESPONSIBILITY
TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT
SPECTRUM AND/OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR
COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON
YOUR COMPUTER IN SUPPORT OF SPECTRUM WIRELESS INTERNET ACCESS SERVICES.
YOUR EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF
EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING SPECTRUM'S OR ITS SUBCONTRACTOR'S
NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO SPECTRUM UP TO THE TIME THE DAMAGE
IS DISCOVERED.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SPECTRUM NOR ITS AFFILIATES WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
SPECTRUM, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE,
INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT
IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE
INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS,
PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON
OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION
OR ANY FAILURE OF PERFORMANCE.
You agree to indemnify, defend and hold Spectrum, its affiliates and subcontractors
harmless from any claims made by third parties arising out of the use of the Equipment
and/or the Services by you or an authorized user of your account, including the
placement or transmission of any message, information, software or other materials
on the Internet. These limitations on liability and indemnification provisions
inure to the benefit of and apply to: (1) any successor to Spectrum's business
by way of merger, purchase of assets, or operation of law; and (2) any subcontractors
performing work on behalf of Spectrum.
NO WARRANTIES PROVIDED BY SPECTRUM
Except for certain products and services specifically identified as being offered
by Spectrum, Spectrum does not control any information, products or services on
the Internet and except for such Spectrum identified content, all merchandise,
information and services offered, made available, or accessible on the Internet
are by third parties who are not affiliated with Spectrum.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET
BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. SPECTRUM DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES,
OR OTHER HARMFUL COMPONENTS. SPECTRUM MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING
ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH, SPECTRUM, OR ON THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SPECTRUM, THEIR EMPLOYEES,
AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
SPECTRUM SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY
FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY.
ADDITIONS
During the term of this Agreement and for aperiod of twelve (12) months thereafter,
Customer shall not issue any statements, confirm, or otherwise disclose to the
general public, to the news media, or to any third party, except with the prior
written consent of Spectrum both as to the content and timing of any such disclosure
or as may be required by law: (i) the existence or history of discussions that
have taken o are taking place between the parties; (ii) any terms or conditions
contained herein; or (iii) the existence of this Agreement or any business relationship
with Spectrum.
Spectrum reserves the right to assign and/or transfer this Agreement or any
of its rights or obligations hereunder without the prior written consent of the
other party. Spectrum may assign all or part of this Agreement immediately, without
the prior written consent of Customer: (a) to any entity that controls, is controlled
by, or is in common control with Spectrum; (b) to any successor in interest to
Spectrum; or (c) if necessary to satisfy the rules, regulations and/or orders
of any federal, state or locl governmental agency or body.
Spectrums failure to enforce strict performance of any provision of this Agreement
shall not be construed as a waiver.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Illinois, United States of America, without regard to its conflicts
of law provisions. You consent to the personal jurisdiction of the federal and
state courts having jurisdiction for Illinois with respect to all disputes arising
out of this Agreement, your use of the Service or otherwise between you, Spectrum.
Any cause of action you may have with respect to the Service must be commenced
within three months after the claim or cause of action arises or such claim or
cause of action is barred.
Any action at law, suit in equity, or other judicial proceeding concerning,
relating to, arising from, or touching upon in any way, no matter how remotely,
the contract for services between you and Spectrum and/or your use of and/or Spectrums
provision of systems and services thereunder, shall be brought and litigated,
if at all, only in the state court system of the State of Illinois. In such event,
you acknowledge the right of the specified court to assert personal jurisdiction
in any such action over you and waive and release now and forever any defense
to that assertion of jurisdiction that might otherwise exist.
Policies
This Spectrum Wireless Internet Access Wireless Acceptable Use Policy ("Agreement")
is entered into between Spectrum Communications & Consulting, Inc. ("Spectrum),
having an office at 3701 Algonquin Rd Suite 150, Rolling Meadows, IL. 60008, and
the customer designated on the Work Order ("Customer") and also referred
to as "You" and "User" in this agreement.. The parties agree
to the following:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING
THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. YOU UNDERSTAND
THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS
OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL
ACTUAL DAMAGES AND PROFITS, ATTORNEYS FEES, COSTS, OR THE COURT MAY AWARD STATUTORY.
CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.
Age Limit
User represents that all of its employees are 18 years of age or older. User
understands that certain materials available from Service provided under the terms
of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which
are sexually explicit or may be offensive. User accesses such materials at his
or her own risk. Spectrum has no control over and accepts no responsibility whatsoever
for such materials.
Prohibited Uses
User may not:
- post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or otherwise objectionable information of any
kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or international law, including
without limitation the U.S. export control laws and regulations;
- post or transmit any information or software which contains a virus, cancelbot,
trojan horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit any information,
software or other material obtained through the Service for commercial purposes
(other than as expressly permitted by the provider of such information, software
or other material);
- upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material obtained through the Service which is protected by
copyright, or other proprietary right, or derivative works with respect thereto,
without obtaining permission of the copyright owner or rightholder;
- upload, post, publish, transmit, reproduce, transmit or distribute in any
way any component of the Service itself or derivative works with respect thereto;
6. send unsolicited advertising or promotional materials to other network users
- allow users to run Maillist, Listserv or any form of auto-responds from User's
account;
- run or activate processes while User is not logged in;
- run or operate like services via connections into or received from Spectrum;
- violate the security of any computer network, crack passwords or security
encryption codes, transfer or store illegal material including that deemed threatening
or obscene, or engage in any kind or illegal activity;
- violate any of the rules, regulations and policies of those networks and computer
systems accessed via User's account.
- SPECTRUM has no obligation to monitor the Service. However, User agrees that
SPECTRUM has the right to monitor the Service electronically from time to time
and to disclose any information as may be necessary to satisfy any law, regulation
or other governmental request, to operate the Service properly, or to protect
itself or its subscribers. SPECTRUM will not intentionally monitor or disclose
any private E-mail message unless required by law. SPECTRUM reserves the right
to refuse to post or to remove any information or materials, in whole or in part,
that, in its sole and absolute discretion, are unacceptable, undesirable, or in
violation of this Agreement. SPECTRUM reserves the right to suspend access to
the Service for User's account. The account's suspension may be rescinded within
the sole and absolute discretion of SPECTRUM following payment of a reconnection
charge, to be determined by SPECTRUM in its sole and absolute discretion.
Electronic Mail and Messaging
User agrees to limit their use of the SPECTRUM service, specifically regarding
the use of SPECTRUMs electronic (email) services, to the following restrictions;
Mass Mailing
User is restricted to the transmission, or distribution, of no more than fifty
(50) recipients, or addresses, per email message. This does not assume User is
allowed to send such messages several times to groups smaller than the fifty (50)
limit. Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout
the Internet for the purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the
return address, originators address, or any other identifiable aspect of the
message has been purposefully altered, is prohibited. User may not purposefully
misrepresent the origination information of any email messages sent while using
the SPECTRUM service. Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
No Confidentiality
Information transmitted through SPECTRUM and through the Internet in general
is not confidential. SPECTRUM can not and shall not guarantee privacy or protection
of any User. SPECTRUM reserves the right to monitor any User's transmissions when
deemed necessary for providing proper service and/or to protect the rights and
property of SPECTRUM.
No System Backup
SPECTRUM does not and will not perform system backups on any User's E-mail
account(s). SPECTRUM shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth herein, SPECTRUM will not
provide historical data, to any party for any reason, regarding any system or
Internet activity.
SPECTRUM does not and will not perform system backups on any User's personal
web site account(s). SPECTRUM shall not be held responsible for any lost web data,
web files, or any web site contents, regardless of the reasoning for data loss
or system causes. Except as otherwise set forth herein, SPECTRUM will not provide
historical data, to any party for any reason, regarding any system or Internet
activity.
Bandwidth Usage
You are responsible for ensuring that your usage of the Services does not improperly
restrict, degrade or adversely affect any other users use of the Services, nor
represent, in Spectrums sole judgement, an unusually large burden on the network
itself. You must comply with the then current bandwidth, data storage and other
limitations on the Services. If Spectrum determines that your account is exceeding
the bandwidth limits, you will be notified by e-mail. If the excess use continues
for more than 10 days, the Services may be suspended or terminated. If excessive
bandwidth utilization is determined by Spectrum to adversely affect Spectrums
ability to provide the Services for its other customers, immediate action may
be taken to alleviate the problem. In such event, you will be notified by e-mail
as soon as practicable.
Except for information, products or services clearly identified as being supplied
by Spectrum, Spectrum does not operate or control any information, products or
services on the Internet.
Spectrum may take any action it deems appropriate without notice to protect
the Services and its facilities for provision of the Services. If Spectrum denies
you access to the Services pursuant to this Section, you will have no right: (i)
to access through Spectrum any materials stored on the Internet, or (ii) to access
third party services, merchandise or information on the Internet through Spectrum,
and Spectrum will have no responsibility to notify any third-party providers of
services, merchandise or information nor any responsibility to any consequences
resulting from lack of notification.
If you wish to make purchases on the Internet, you may be asked by the merchant
or service provider from whom you are making the purchase to supply certain information,
including credit card or other payment mechanism information. You agree that all
information you provide any merchant or information or service provider on the
Internet for the purposes of making purchases will be accurate, complete and current.
The merchants and information and service providers offering merchandise, information
and services on the Internet set their own prices and may change prices or institute
new prices at any time. You agree to pay all charges incurred by users of your
account and credit card or other payment mechanism at the prices in effect when
the charges are incurred. You also will be responsible for paying any applicable
taxes relating to purchases on the Internet.
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