AT&T DSL SERVICE
SUBSCRIBER AGREEMENT
Effective Date - March 2007
- ACCEPTANCE OF TERMS
- TERM
- AT&T - QUALITY CUSTOMER CARE
- AT&T'S ONLINE PRIVACY POLICY
- REQUIREMENTS REGARDING ELIGIBILITY, AND YOUR E-MAIL I.D.
- BILLING AND PAYMENT
- EQUIPMENT AND SOFTWARE
- USE OF THE SERVICES
- OUR RIGHTS AND THE RIGHTS OF OTHERS
- ABCs OF AT&T WORLDNETIQUETTE
- SUSPENSION OR CANCELLATION OF THE SERVICES
- INDEMNIFICATION
- LIMITATIONS OF LIABILITY
- LIMITED WARRANTY
- DISPUTE RESOLUTION
- MISCELLANEOUS
- CHANGES TO THIS AGREEMENT
1. ACCEPTANCE OF TERMS
Welcome! Thank you for choosing AT&T DSL Service as your gateway to the Internet and enjoying
the benefits of the
AT&T Worldnet®
Service Web Site. We know you're eager to begin using your Service, but before you do we encourage
you to familiarize yourself with this Subscriber Agreement. This material, including all information
found in the registration process, is the agreement that will apply to your use of the Service.
By enrolling in, using, or paying for the Service you confirm your agreement to these terms and
conditions as well as your acceptance of the changes we make to the agreement. If at any time after
you have read the Subscriber Agreement and all of its components you do not agree to be bound
by the Subscriber Agreement, you should immediately exit registration, end your use of the Service,
or cancel your account. Thank you again for relying on AT&T.
In this Agreement ("Agreement"),
"You/Your" means any member or other person or entity using the Service
or any part of the Service, including, but not
limited to, using the
AT&T Worldnet
Web Site and the information or features offered
in or through the
AT&T Worldnet Web Site.
"Member" means a registered
user of AT&T DSL Service and
AT&T
Worldnet Service identified in the account registration process.
"AT&T," "we,"
"our," and "us" means the AT&T, Inc.
affiliate authorized to provide you with these AT&T Services.
"Service" or "Services"
means AT&T DSL Service and/or
AT&T Worldnet®
Service. AT&T DSL provides you with both high-speed Internet
access and Internet Services.
"AT&T Worldnet Service”
means the value-added Internet access service known as
AT&T Worldnet Service,
including all Software, downloadable materials,
and other information that relates to
AT&T
Worldnet Service; and the
AT&T Worldnet Web Site.
"Software" means
any Software — AT&T or third-party owned — that relates
to your use of the Service, that enables the Service to function or
that we make available to you in connection with the Service.
"Third Parties who contribute to the Service” means AT&T's officers,
directors, employees, agents, licensors, suppliers, distributors, and any third-party distributors
of the Service, Equipment or Software or third-party information providers to the Service (including
any third party sponsoring a Web Site that AT&T, by agreement, establishes as a default home
page for a member or otherwise provides a hyperlink to from the Service).
To qualify to purchase AT&T DSL Service,
you must register for
AT&T Worldnet Service as your Internet Service Provider.
The monthly charge for
AT&T Worldnet
Service is included in the total monthly charge for AT&T DSL Service.
2. TERM
a. Term. If you terminate before the one-year anniversary of your Service
activation date, you will have to pay an early termination fee described in Section 2.c. After
the one-year period, your agreement is on a month-to-month basis.
b. Your Cancellation of Services. You may cancel the Services at any time by
calling the toll-free customer service number 1-866-596-8455, and notifying the AT&T
Customer Service Representative.
c. Termination Fees and Credits. If for any reason you cancel your AT&T DSL
Service within the first 30 days of service, you must return your Equipment in the original
packaging and such Equipment must be in good working condition.
Equipment shall be returned within 45 days of canceling your Service.
If for any reason you cancel your AT&T DSL Service after 30 days following Service Activation
Date, but within the first 12 months of service, or if we cancel the Services under Section 11.b.
for a violation of the Agreement you must pay AT&T an Early Termination Fee of $200.
d. Qualification Check. To be eligible to receive the Services, the personal
computer and the telephone line that you intend to use for the Services must meet certain technical
requirements ("Qualifications"). We
will provide various methods for determining qualifications of your telephone line and computer.
e. Fixed-Location Service. You acknowledge that the Service is a fixed-location
service. This means that the Service may not be
moved to a different residence (even if the telephone
number for the Service remains the same), or to a different phone number, without your computer
and new telephone line first meeting another Qualification
check. If you are moving your residence, please contact us by calling the toll-free customer service
number on your bill for the Service so that we can expedite the transfer of the Service to your
new residence. If you transfer your Service, you may not be eligible to receive the prices and
charges for the Service that you received prior to the transfer.
3. AT&T-QUALITY CUSTOMER CARE
a. Account Maintenance. If you are a member and you have any questions about your account or the use of the Service, want help resolving a problem with your Service, believe someone is using your account improperly, or wish to update the information you gave during registration, you may contact our customer service department (AT&T Worldnet Customer Care) by:
- Phone:
Call Account Maintenance and Technical Support at 1–866-596-8455
Calling 1 –866-596-8455
- Mail:
AT&T Global Imaging Center
ATTN: AT&T Worldnet
P.O. Box 16795
Mesa, AZ 85211-6795
- Online Help:
Use the AT&T Worldnet Help Web pages at http://dslhelp.att.net.
From this site, you can access various aspects of online support
including Account Assistance and Technical Support.
- Email Support:
Send us e-mail through our web-based e-mail system at https://mailus.help.att.net/BridgePage.
You can send certain inquiries even when your AT&T Worldnet
e-mail program isn't working properly and this web-based e-mail
system helps to ensure that your correspondence gets into the right
hands as quickly as possible
b. Cancellation. You may cancel your AT&T DSL Service by calling us at 1-866-596-8455 and following the prompts. For more information, see Section 2.c. for termination policies and fees.
c. Other Communications. While we encourage you to use one of the method
described above to reach us, you may also communicate
with us by sending a first class, postage paid letter via courier or U.S. mail to:
AT&T Global Imaging Center
ATTN: AT&T Worldnet
P.O. Box 16795
Mesa, AZ 85211-6795
California residents with complaints may also contact:
State of California,
Department of Consumer Affairs
Division of Consumer Services, Complaint Assistance Unit
P.O. Box 942507
Sacramento, CA 94258-0507
Phone: 1-800-952-5210
d. Technical Support. If you are a member and have questions about the use of the Service or need help resolving a problem with your Service you may use the following for assistance:
- Call us at 1-866-596-8455.
- For any other matters, visit our AT&T DSL Service Help Web pages at http://dslhelp.att.net. From this site, you can access online support including Account Assistance.
e. Email Opt Out. Members
who do not wish to receive future marketing information from AT&T
Worldnet Service by e-mail may remove themselves from the marketing
information mailing list by submitting their e-mail I.D. at
https://wmdb.website.att.net/removeme
or by writing to the following mailing address:
AT&T DSL Service
4 Sperry Road
Fairfield, NJ 07004
Attn: Email Customer Service
AT&T Worldnet Service reserves the right to contact members with other important and general
notices when necessary. For more information about AT&T’s Privacy Policy, please visit
http://www.att.com/privacy
4. AT&T'S ONLINE PRIVACY POLICY
As an AT&T DSL Service member, you give us information about yourself that we use to conduct
our daily business with you. With AT&T's Online Privacy Policy we want to assure our members
that we keep such customer-identifiable information as confidential as possible. To view AT&T's
Online Privacy Policy go to
http://www.att.com/privacy.
5. REQUIREMENTS REGARDING ELIGIBILITY, AND YOUR E-MAIL I.D.
Eligibility
To become a member of AT&T DSL Service you must have AT&T Worldnet Service as your Internet
Service Provider and you have to be at least eighteen years old. You must register using your own
name. If you use a credit card for payment, you must provide a credit card account number which is
issued in your name or which you are authorized to use.
E-mail I.D.
During registration, we'll ask you to enter the name or number you want as your e-mail I.D. If
the e-mail I.D. you choose is already in use, or if we cannot accept it for any other reason,
we'll ask you to enter another, change it, or give one to you. Upon completing the registration
process for the Service you will receive an e-mail I.D. password and may also receive a secure word.
You are solely responsible for all use of your account and for the security of your identification
codes and any security lock code that you use to protect access to your data, your file name(s)
and files, network and user access, and any other information you disseminate through use of the
Service or through other Internet services. Therefore, you should secure your computer equipment so
that only authorized users can gain access to your Service account. You may not transfer or permit
people outside your household to use your Service account. You agree to (a) immediately notify
AT&T of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
6. BILLING AND PAYMENT
a. Commencement of Billing.
If you are self-installing the Equipment and Software (defined in Section 7.a. of this Agreement),
AT&T will begin monthly billing for the Services once your order is processed and the Services
are provisioned and either: (1) seven days after receipt of the Equipment; or (2) first use of the
Service; which ever is earlier (we refer to this date as the "Service Activation Date").
You are encouraged to complete installation promptly because you will be responsible for full
payment for the charges on your AT&T bill even if you have not yet installed the Equipment and
Software at the time the bill is rendered. If you request a professional installation to install
the Equipment and Software from AT&T, billing commences upon successful completion of the
professional installation.
b. Agreement to Pay. You
agree to pay us for all charges related to your account (including,
but not limited to, any Shipping & Handling Fees, Installation Fee,
No Show Fee, Activation Fee, Repair and Maintenance Fees, additional
dial-up hours of Service beyond the standard hours offered with the
Service and all applicable taxes and all charges associated with connecting
to the Service through an available access number whether imposed on
AT&T or directly on you) in accordance with this Agreement at the
prices and charges provided to you when you enrolled, which may change
as set forth in Section 6k. of this Agreement. AT&T shall have the
right to terminate or suspend your account for failure to pay your bill
in a timely manner. In addition, AT&T shall have the right to use
alternate means to collect unpaid charges to your account in the event
of non-payment.
Monthly recurring charges are not
prorated. Regardless of payment method, (Combined Bill or Credit Card
bill) partial credit is not given to customers who change their price
plan to another price plan, disconnect, cancel or are suspended from
the service during a billing month.
c. Professional Installation Charge.
If you request AT&T to install the Equipment and Software (or load the AT&T DSL Service
to another computer or new residence), you must pay a Professional Installation Charge in the
amount specified by AT&T at the time you enroll in the Services, or when you request a transfer
of the Services. In the event that no one authorized to permit installation of the Equipment and
Software is available at your Premises at the time you scheduled an installation appointment, and
notification was not provided to AT&T at least 48 hours in advance, you agree to pay a No-Show
Charge in the amount of $200.
d. Access Number Charges.
When using the away-from-home dial-up portion of your AT&T DSL Service,
use of our 800 and 888 access numbers to reach the Service is NOT free.
You are responsible for all amounts charged by your telephone company
or AT&T for all charges associated with connecting to the Service
through an available access number or 800 and 888 numbers. You are also
responsible for determining whether or not you will incur a charge from
your telephone company for connecting to the Service using the access
numbers. Please note that an access number that shares your area code
or appears to be located in your general geographic area may not necessarily
be a local number to you. Access numbers that share your area code may
still result in charges to you. Please check with your local telephone
company before selecting a number. Significant toll charges may apply
to numbers that you do not verify as local to your individual area or
calling plan.
e. Activation Fee. A Service Activation Fee of $39.99 will be applied to your
first billing statement.
f. Shipping & Handling Fee,
all taxes and other charges. Such charges will be billed
to your AT&T bill and such charges are non-refundable.
g. Payment Methods. You authorize AT&T to charge any amounts payable by you
in connection with your use of the Services automatically by credit card or through electronic
funds transfer or on your AT&T Residential Local/Long Distance
Service bill (including but not limited to, as applicable, any Termination Fees, Installation
Charges, and No-Show Charges). If you choose to bill your charges for the Services to your credit
card, your right to use the Services is subject to any limits established by your credit card
issuer.
Unless you are registered under a plan offering
a specialized payment method or already have an existing payment method
established with AT&T, all new customers must provide a credit card
account number which is issued in your name or which you are authorized
to use when registering for the Service. All payments shall be made
pursuant to the terms of the pricing and other information relating
to the Service, which is available during the registration process,
or on the AT&T DSL Web Site and incorporated by reference in this
Agreement, including the provisions of the billing option you selected.
You authorize AT&T to charge any amounts payable by you in connection
with your use of the Service automatically to the credit card you provided
in the registration process or such credit card number you provide thereafter,
subject to the terms and conditions of the agreement between you and
your credit card issuer.
It is your responsibility to update
the credit card information that you use to pay for the Service.
If you bill your use of AT&T DSL Service to your credit card, your
right to use the Service is subject to any limits established by your
credit card issuer. If you do not update your credit card information,
AT&T may suspend your use of the Service or at AT&T's option,
may automatically move you onto a combined bill with your AT&T Residential
phone service or another paper bill payment arrangement with AT&T.
AT&T may also make other billing options available. If AT&T
makes other billing options available, you agree to abide by terms and
conditions applicable to those options.
For those members who already receive a combined bill and elect to pay for the Service using a
combined bill, payment of all AT&T DSL Service charges is due 20 days after the date of your
bill and must be made in U.S. currency. Time is of the essence for payment.
h. Late Payment Charge. AT&T
may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum
rate allowed by state law, prorated for each day payment is past due. Acceptance of late or partial
payments (even if marked "Paid in Full" or with other restrictions) shall not waive any
of our rights to collect the full amount of your charges for the Service. Notice of any disputes
must be in writing and received by us within 30 days after you received your bill or you will
waive any objection. You agree to reimburse us for reasonable attorneys' fees and any other costs
associated with collecting delinquent or dishonored payments. If charges cannot be processed through
your credit card, or if your bank draft or electronic funds transfer is returned for insufficient
funds, we will charge you an additional $15.00. If the state law where you receive the Service
requires a different fee, we will charge you that amount.
i. Monthly Taxes and Other Charges.
You must pay all taxes, fees, surcharges, and other charges that we bill you for the Services,
unless you can show with documentation satisfactory to us that you are exempt. Taxes will be in the
amounts that federal, state, and local authorities require us to bill you. You also must pay any
access charges relating to the use of the Service through your account (even if access is through
800 or 888 numbers), whether imposed on AT&T or directly on you, which will be applied and
included in bills issued to you.
j. Failure to Pay. We may suspend,
restrict, or cancel the Services and this Agreement under Section 11 of this Agreement if you do not
make payments for current or prior bills by the required due date, including payments for late
fees or any other required additional charges.
k. Price Changes. We may change
the prices and charges for the Services from time to time. Unless otherwise stated, if we increase
the price of your plan, we'll notify you by e-mail or by U.S. mail and allow you to stay with your
old plan for at least one more billing cycle. We may decrease prices and charges without providing
advance notice.
l. Credit Check. You give us
permission to obtain your credit information from consumer credit-reporting agencies at any time.
If we determine that you may be a credit risk for (1) unsatisfactory credit rating; (2) insufficient
credit history; (3) fraudulent or abusive use of any AT&T Services within the last five
years; or (4) late payments for current or prior bills, we may refuse to provide the Services or
we may require a deposit to establish or maintain Service(s). The deposit will be held as a partial
guarantee of payment. It cannot be used by you to pay your bill or delay payment. Unless otherwise
required by law, deposits will earn a simple interest rate of six percent annually. We may require
you to increase your deposit at any time to reflect your estimated monthly charges based on actual
usage or our reevaluation of your ability to pay. Establishment of a prompt payment record or
credit may result in a partial or total refund of the deposit to you or credit to your account. If
you default or terminate your registration with the Service, we may, without notice to you, apply
any deposit towards payment of charges due. After 90 days following such termination, any remaining
deposit or other credit balance in excess of $10 will be returned without interest to you at your
last known mailing address.
m. Monthly recurring charges are not prorated. Partial credit is not given
to customers who change their price plan to another price plan, disconnect, cancel or are suspended
from the service during a billing month.
7. EQUIPMENT AND SOFTWARE
a. Required Equipment and Software.
You understand and agree that AT&T DSL Service requires you to have a personal computer that
you own, or otherwise have a right to use in connection with AT&T DSL Service. Your computer
must meet the requirements necessary to operate AT&T DSL Service based on criteria that
AT&T specifies. You will receive from AT&T certain equipment for connectivity to AT&T
DSL Service, including, but not limited to, a modem/router, micro filters, cables, adapters,
(collectively, the "Equipment"). We will provide files in a CD-ROM that must be
installed on your computer for you to receive the Service. These files, which may include
third-party software, are referred to collectively as the
"Software." The Equipment and Software required for installation of the Service will
be sent together to you in an Installation Kit.
b. Access to Your Premises. If you have elected to have us install your Equipment
and the Software for AT&T DSL Service, you authorize us and our employees, agents, contractors,
and representatives to enter your premises ("Premises")
in order to install, maintain, inspect, repair, or remove the Equipment and/or Software. All such
services will be conducted at a time mutually agreed to by you and us. By scheduling an installation
appointment, you represent to us that you have the right to and do authorize us to enter the
Premises. If you do not own the Premises, at our request you will provide us with the owner's name
and address, evidence that you are authorized to grant access to the Premises on the owner's
behalf, or (if needed) written consent from the owner of the Premises. You authorize us to work
with your local telephone company to provision the Service to the telephone number indicated
on your order. You are responsible for cancellation of any previous high-speed Internet access
service using the same facilities as those to be used for the AT&T DSL Service.
c. File Modification/Backup Requirements.
The Qualifications of your computer's operating
system, as well as the installation (whether self-installed
or AT&T-installed), use, inspection, maintenance, repair, or removal of the Equipment and
Software, may result in an inadvertent service outage or reconfiguration of the software on
your computer, or temporary interruption of your telephone service.
In addition, as part of the installation process, system files on your computer, such as, but not
limited to, INI, BAT, SYS, and DLL files, may be modified or deleted. AT&T does not represent
or warrant that such modifications or deletions will not disrupt the normal operations of your
computer. You acknowledge and agree that you are solely responsible for backing up all existing
computer files by copying them to another storage medium prior to the installation of your Equipment
and the Software, and prior to any inspection, maintenance, repair, or removal of your Equipment
and the Software. AT&T DOES NOT REPRESENT OR WARRANT THAT INSTALLATION BY YOU OR A THIRD
PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS OR USE THE SERVICES, NOR THAT ANY SUCH
INSTALLATION WILL NOT CAUSE DAMAGE OR MODIFICATIONS TO, OR LOSS OF, ANY OF YOUR SOFTWARE, HARDWARE,
FILES, DATA, OR PERIPHERALS. AT&T AND OUR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES
WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR SERVICE PROBLEMS (INCLUDING TELEPHONE SERVICE)
RESULTING FROM YOUR, OR A THIRD PARTY'S, FAILURE TO PROPERLY INSTALL, ACCESS, OR USE THE EQUIPMENT,
SOFTWARE, OR SERVICES.
d. AT&T's Installation of the Software and Your Equipment. Except for our gross
negligence or willful misconduct, we shall have no liability whatsoever for any damage, loss,
or destruction to all or a portion of your hardware during our installation of your Equipment and
the Software. In the event of such gross negligence or willful misconduct by AT&T, AT&T
shall pay for the repair or replacement of the damaged, lost, or destroyed portions of your hardware
, up to a maximum of $2,500, and our payment will be your sole remedy relating to such activity.
EXCEPT FOR OUR WILLFUL MISCONDUCT, AT&T AND
OUR EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES
WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO, LOSS, OR DESTRUCTION OF ANY SOFTWARE, FILES,
OR DATA, REGARDLESS OF THE CAUSE OF SUCH DAMAGE, LOSS, OR DESTRUCTION. In addition, the opening
of your computer may void warranties provided by the computer manufacturer or other parties
relating to the computer's hardware or software. You consent to the opening of the computer for
the installation of your Equipment and the Software
for the Service. EXCEPT FOR OUR WILFUL MISCONDUCT, AT&T AND OUR EMPLOYEES, AGENTS, CONTRACTORS,
AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER
AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
e. System Compatibility. System devices such as a home security system, medical
alert, door bell answering service that are set up to automatically dial the local police or fire
departments, or other similar automatic reporting
systems using telephone lines, may not be compatible with AT&T DSL Service. You waive any claim
against AT&T for interference with or disruption
of such systems due to the Services. Professional installation may be required if you have any such
devices. If you have five or more devices connected to your phone line that is using your DSL
Service a professional installation may be required.
f. Right to Use Software. The use of AT&T DSL Service requires the installation
of the Software. By installing and using the Services, you agree to abide by the terms and
conditions of all applicable end-user software licenses.
g. No Modification of Software. You
may not modify the Software in any way, or change or delete any copyrights, trademarks, service
marks, and logos on the Services. In addition, you may not reverse assemble, reverse compile,
or reverse engineer the Software.
h. Speed of Service. The actual speed of the Services experienced by you may vary
and depends on a number of factors, such as the location of your residence, the amount of traffic
on the Internet, the ability of your computer to process data, environmental factors, and other
factors beyond the control of AT&T. AT&T reserves the right to monitor or change your
current plan speed at any time. No minimum level of speed is guaranteed.
8. USE OF THE SERVICES
a. Improper Use. You agree to
comply with the "ABCs of AT&T Worldnetiquette,"
which are described in Section 10. You cannot
create a network (whether inside or outside of
your residence) with AT&T DSL Service using
any type of device, equipment, or multiple computers
unless AT&T has granted you permission to
do so and you use equipment and standards acceptable
to AT&T. AT&T may cancel, restrict, or
suspend the Services and this Agreement under
Section 11 below for violating these provisions.
b. Residential Use Only.
You agree that the Services will be used exclusively for personal, residential
use and not for use in a commercial, small or home business use.
c. Multiple Users. You acknowledge
that you are agreeing to the terms of this Agreement
on behalf of anyone who uses the Services through
your computer. You have sole responsibility for
ensuring that anyone who uses the Services through
your computer understands and complies with the
terms and conditions of this Agreement. You further
acknowledge and agree that you are solely responsible
and liable for any violations of the terms of
this Agreement, whether by you or by any other
user of the Services through your computer.
9. OUR RIGHTS AND THE RIGHTS OF OTHERS
AT&T enables you to contribute to and gain from a wealth of materials - some
owned by AT&T, others owned by third parties. In order to preserve everyone's rights, you must:
- print and download material from the Service for your own, non-commercial purposes only;
- limit the number of copies you make of Service-related materials;
- not alter any aspect of the Service;
- comply with the terms and conditions of third parties who provide you with materials, including Software; and
- not deliberately or accidentally export the Software to countries that the U.S. prohibits export to.
AT&T is continuously working to improve service
for all of our members through careful and efficient
management of its network, especially during periods
of peak demand. In order to assist us in balancing
user loads, we reserve the right to manage maximum
session length and with respect to dial-up access
terminate sessions that exceed the maximum length
even if you are actively using your connection.
In the event your dial-up session has been terminated,
you may immediately dial back in to reconnect.
Owned by AT&T
All aspects of the Service are copyrighted as
a collective work under U.S. copyright laws and
are owned by AT&T - including AT&T trademarks,
service marks and logos.
AT&T also has a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to
sublicense, to use in any way any ideas or materials
that you submit, to AT&T or the Service.
Owned by Third Parties
Trademarks, service marks, and logos owned by
third parties remain the property of those third
parties.
Own
AT&T gives you a revocable, non-exclusive,
non-assignable right and license to use the Service
in accordance with these terms and conditions.
Number of Copies
Unless you have the express written consent of
the copyright owner, you are limited to making
one machine-readable copy, one backup copy, and
one print copy of any AT&T-provided materials
available from the Service.
Alter
For example, you may not modify the Software in
any way, or change or delete any copyrights, trademarks,
service marks and logos on the Service. In addition,
you may not reverse assemble, reverse compile
or reverse engineer the Software.
Export the Software
The words "export" and "reexport", mean transferring
or releasing the Software to another country or to a national of another
country. You certify that you are a U.S. citizen, U.S. resident alien,
or Canadian citizen if you've received or installed:
- Software that carries a label restricting its export outside the
U.S. or Canada; or
- Software including the Microsoft® Internet Explorer browser
and a message in the Help/About Internet Explorer box that the Software
supports "U.S. security"; or
- Any other Software that contains language in or on the Software
restricting its export outside of the U.S. or Canada.
If you are not a U.S. citizen, U.S. resident alien, or Canadian citizen
and have received this Software, please return it to us and call 1-866-596-8455
for an "exportable" version.
Please note that the Software is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted
Rights at 48 CFR 52.227-19, as applicable. The manufacturer of the AT&T
Software is AT&T Corp., 340 Mt. Kemble Avenue., Morristown, N.J.,
07962.
10. ABCs OF AT&T WORLDNETIQUETTE
To maintain an informative and valuable service,
AT&T has established the ABCs of AT&T
Worldnetiquette. While it is not our intent to
control your online communication or monitor its
content, we may edit or remove content that we
become aware of and determine to be harmful, offensive
or otherwise in violation of these ABCs.
Violation
of these ABCs may also result in the termination
or suspension of your account. These
ABCs apply to all content provided to or through
the Service, including e-mail messages, newsgroup
postings, chat, and personal web pages.
Act Responsibly.
a. Don't use the Service to interfere with others'
use of the Service or of the Internet in general,
to conduct illegal or abusive activity, or to
submit materials that violate the rights of others.
Specifically:
- don't send messages, data, images and programs that are libelous, defamatory, obscene, pornographic, threatening, abusive, or hateful;
- don't send materials that contain viruses, worms, or any other destructive elements; and
- don't interfere with or infringe the copyrights, trademarks, logos, service marks, or confidential information of others.
b. You may not use or attempt
to use the Service to violate its security or
the security of systems accessible through it.
c. You're responsible for the
use of your service account. Remember that anyone
who has unprotected access to your computer will
be able to use your Service account freely. Therefore,
you should secure your computer equipment so that
only authorized users can gain access to your
Service account.
Be Fair.
You understand and acknowledge that the Service is intended for your
periodic and legitimately active use. With respect to the consumer-oriented
dial-up part of the Service it is not intended, nor is it designed,
to provide an "always on" or "always connected"
capability. In order to make the dial-up part of the Service available
fairly to all our members, we reserve the right to terminate members'
sessions after an extended period. In addition, if you leave the dial-up
part of your Service idle for a period of time we may disconnect you.
You may not take action for the purpose of defeating our "idle
timeouts" or similar mechanisms. In the event your dial-up session
has been terminated for any reason, you may immediately dial back in
to reconnect.
a. Only one user may be logged
into the Service for any single account at any
time. In the event that more than one user is
logged into a Service account at any time, AT&T
may terminate such account immediately and/or
charge the account holder the full Standard price
applicable to
AT&T Worldnet
Service Member Pricing (without any discount under
any
AT&T Worldnet Service
offer) for each simultaneous user.
b. You may not use your Service
connection to host a dedicated Internet server site.
c. Violation of these fairness
principles may result in the termination or suspension of your account.
Be Honest.
a. You may not resell or otherwise
redistribute the Service or profit in any other way by providing access to others.
b. Don't allow others outside of your household to use the Service.
c. Unless you're participating
in an area of the Service that requires or encourages
anonymity, use your real name in online communications.
d. Messages posted to our help
newsgroups must contain a valid
AT&T
Worldnet Service e-mail I.D. Anonymous postings are not allowed.
e. You must abide by the terms
and conditions applicable to your use of specific
features of the Service, as well as terms and
conditions applicable to other products or services
that are available through the Service.
Communicate, Don't Inundate
a. Don't post any single message
to more than five online forums or newsgroups
("Spam Newsgroup Postings"), and please
make sure your message doesn't deviate from the
topic or violate the rules of those forums or newsgroups.
b. Don't send: (1) a piece of
unsolicited commercial e-mail to any person; or
(2) any other unsolicited e-mail to more than
10 people if such e-mail could reasonably be expected
to provoke complaints from its recipients (either
shall be "Unsolicited E-Mail"). Don't
engage in any of the foregoing activities by using
the service of another provider, by channeling
such activities through AT&T DSL Service,
AT&T Worldnet Service or
an
AT&T Worldnet Service
account, remailer, or otherwise through an AT&T
service, using AT&T DSL Services,
AT&T
Worldnet Service or an
AT&T
Worldnet Service account, as a mail drop
for responses or in any way indicating to recipients
that AT&T DSL Service,
AT&T Worldnet
Service or an
AT&T Worldnet
Service account, was involved in the transmission
of the Unsolicited E-Mail. We reserve the right
not to deliver any outbound e-mail, or any posting
that violates the above guidelines. A note on
relay spam: Sometimes someone who is not a member
of the Service will attempt to relay large numbers
of e-mail, in bulk, off of or through one of our
servers. We reserve the right to discard that
bulk relay e-mail because it is an unauthorized
use of our Service. Any e-mail addressed to you
in care of the Service that is included may not
be delivered to you.
c. Submit promotional materials
only in areas of the Service designated for that purpose.
d. Don't submit charity requests,
petitions for signatures, or any chain mail related materials.
e. Don't engage in any of the
foregoing acts prohibited by these ABCs using another service provider.
Spam Filtering and E-mail Delivery
AT&T is committed to protecting your inbox
from Spam. To do this, we may use a variety of
screening and filtering techniques. Occasionally,
legitimate e-mail sent from a server that is also
generating spam, may be screened out.
There are many reasons why e-mail is not delivered
in any e-mail system, including addressing errors
and software problems, as well as Spam-fighting
techniques. AT&T tries to deliver noncommercial
e-mail while preventing your mailbox and our system
resources from being overwhelmed by unsolicited
commercial e-mail. Please remember, though, that
delivery of e-mail can never be guaranteed. We
have no obligation to ensure that every piece
of e-mail sent to you will be delivered.
If you believe you have not received an e-mail
that was sent to you, please ask the sender to
try again or to contact his or her mail system
administrator, who may be able to explain or solve
the problem. To learn more about how AT&T
protects you from Spam and how you can protect
yourself, go to
http://www.att.net/features/spamcenter/.
Content; Your Conduct And Use Of The Service
a. There is a wide variety and
quantity of information available through the
Internet using AT&T DSL Service. While we
hope you'll take full advantage of the Internet,
please note that we don't have control over most
of what's accessible through the Service —
in other words,
you're responsible
for protecting yourself from harmful or inaccurate
information. Therefore, by registering for and
accessing the Service you understand and agree
that all information, data, text, messages, postings,
or other materials including links to other sites
("Content"), whether publicly posted
or privately transmitted, are the sole responsibility
of the person from whom such Content originated.
This means that you, and not AT&T,
are entirely responsible for all Content that
you upload, post, or otherwise transmit via the
Service. AT&T does not control the Content
posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of
such Content. You understand and agree
that by using the Service, you may be exposed
to Content that is offensive, indecent, sexually
explicit or objectionable. You understand that
the technical processing and transmission of the
Service, including your Content, may involve a)
transmissions over various networks; and b) changes
to conform and adapt to technical requirements
of connecting networks or devices; and that under
no circumstances will AT&T be liable in any
way for any Content, including, but not limited
to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result
of the use of any Content posted, or otherwise
transmitted via the Service.
b. Monitoring and Removal of Content.
AT&T does not pre-screen Content, but AT&T
and its designees shall have the right (but not
the obligation) to monitor any and all traffic
routed though the Service, and in their sole discretion
to refuse, block, move or remove any Content that
is available via the Service. Without limiting
the foregoing, we shall have the right to remove
any Content that violates this Agreement or is
otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with,
the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge
that you may not rely on any Content created by
us or submitted to us.
c. Investigation of Unlawful Conduct.
AT&T cooperates fully with federal and state
enforcement officials investigating unlawful behavior
on AT&T DSL Service's system, and members
are required to do the same. You acknowledge and
agree that AT&T may preserve Content and may
disclose Content if required to do so by law or
in the good faith belief that such preservation
or disclosure is reasonably necessary to: (1)
comply with legal process; (2) enforce this Agreement;
(3) respond to claims that any Content violates
the rights of third-parties; or (4) protect the
rights, property or personal safety of AT&T,
its users, and the public.
11. SUSPENSION OR CANCELLATION OF THE SERVICES.
a. Your Cancellation of the Services.
You may cancel the Services at any time in accordance
with Section 2 of this Agreement.
b. AT&T Cancellation for Violation of the Agreement. We may immediately
suspend, restrict, or cancel the Services and
this Agreement, should you violate any of the
terms of this Agreement. If the Services are suspended,
restricted, or cancelled under this Section (11.b.),
any fees and charges will accrue through the date
that AT&T fully processes the suspension,
restriction, or cancellation.
c. Other AT&T Cancellation of the Agreement. In addition to our cancellation
rights under Section 11.b., we may cancel the
Services and this Agreement for any other reason
by providing you with written notice (by e-mail
or by U.S. mail) of such cancellation no less
than 30 days prior to date of cancellation. In
the event AT&T cancels the Services under
this Section (11.c.), any fees and charges will
accrue through the date that AT&T fully processes
the cancellation, but we will refund all prepaid
fees and charges for the canceled Services.
d. Outstanding Charges. You
must pay all outstanding charges for the suspended,
canceled, or restricted Services, including the
Early Termination Fee, as applicable, and payment
of any bills that remain due after the date of
suspension, restriction, or cancellation under
this Section (11). Subject to Section 15 of this
Agreement, you must reimburse us for any reasonable
costs we incur, including attorneys' fees, to
collect charges owed to us.
12. INDEMNIFICATION.
YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR
ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM
YOUR USE, OR ANYONE ELSE'S USE, OF THE SERVICES.
FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS
AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH
CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH
CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR
GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE
TO APPLY AFTER THE AGREEMENT ENDS.
13. LIMITATIONS OF LIABILITY.
NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR OUR WILLFUL MISCONDUCT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SERVICE AND OF YOUR ACCOUNT —
AT&T AND THIRD PARTIES WHO CONTRIBUTE TO THE
SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE
OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU,
OR ANYONE ELSE USING YOUR ACCOUNT, MIGHT INCUR
DUE TO YOUR USE OR INABILITY TO USE THE SERVICE.
IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU
FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO
THE GREATEST EXTENT ALLOWED BY LAW.
IF OUR OR ANY THIRD PARTIES WHO CONTRIBUTE TO
THE SERVICE'S NEGLIGENCE CAUSES DAMAGE TO A PERSON
OR PROPERTY (WITH THE EXCEPTION OF CLAIMS REGARDING
YOUR HARDWARE, EQUIPMENT AND SOFTWARE WHICH ARE
SUBJECT TO SECTION 7.c. OF THIS AGREEMENT), WE
WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF
DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR
OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE'S
NEGLIGENCE CAUSES DAMAGE OF ANY SORT, WE AND ANY
THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WILL
BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES
FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR
ALL CLAIMS THAT ARE NOT THE RESULT OF AT&T'S
OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE'S
WILLFUL OR INTENTIONAL MISCONDUCT, WE AND ANY
THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE WILL
NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL
DAMAGES, OR FOR INDIRECT OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR
REVENUE OR INCREASED COSTS OF OPERATION. THESE
LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE
OR WE OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE
SERVICE WERE TOLD THEY WERE POSSIBLE, AND THEY
APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE
WILLFUL OR INTENTIONAL MISCONDUCT, NO MATTER HOW
THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS
(SUCH AS CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION) IT IS BASED.
WE OR ANY THIRD PARTIES WHO CONTRIBUTE TO THE
SERVICE WILL NOT BE LIABLE FOR ANY DAMAGES —
AND WE WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR
CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD
— IF SERVICES ARE INTERRUPTED, OR THERE
IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES
WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY.
THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
14. LIMITED WARRANTY.
THE EQUIPMENT, SOFTWARE, AND SERVICES ARE PROVIDED
BY AT&T OR ANY THIRD PARTIES WHO CONTRIBUTE
TO THE SERVICE ON AN "AS IS, AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND. AT&T AND
ANY THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE
DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE USE
OR OPERATION OF THE EQUIPMENT OR SERVICES, OR
THAT DEFECTS WILL BE CORRECTED. CUSTOMER'S SOLE
REMEDY FOR A COMPLETE SERVICE INTERRUPTION, INCLUDING
NO ACCESS VIA DIAL-UP, SHALL BE LIMITED TO A PRO-RATA
CREDIT OF THE MONTHLY CHARGE FOR AT&T DSL
SERVICE FOR THE TIME PERIOD IN WHICH THE SERVICES
ARE INTERRUPTED, NOT TO EXCEED A MAXIMUM SERVICES
INTERRUPTION TIME PERIOD OF TWO CONSECUTIVE MONTHS.
TO QUALIFY FOR A CREDIT, YOU MUST CONTACT US BY
CALLING THE TOLL-FREE CUSTOMER SERVICE NUMBER
1-866-596-8455 WITHIN 24 HOURS OF DETERMINING
THAT THE SERVICES ARE INTERRUPTED. A CREDIT WILL
NOT BE ISSUED FOR ANY PERIOD THAT AT&T OR
OUR AGENTS ARE NOT PERMITTED TO TEST OR REPAIR
THE EQUIPMENT, SOFTWARE, OR SERVICES, OR ARE NOT
PROVIDED ACCESS TO THE PREMISES TO CONDUCT SUCH
TESTING OR REPAIR. A CREDIT WILL NOT BE ISSUED
IF THE INTERRUPTION IS DUE TO A PROBLEM BEYOND
AT&T'S OR ANY THIRD PARTIES WHO CONTRIBUTE
TO THE SERVICE'S REASONABLE CONTROL, OR DUE TO
THE FAILURE OF POWER, EQUIPMENT, SOFTWARE, OR
SERVICES NOT PROVIDED BY AT&T, SUCH AS A VIRUS
ON YOUR COMPUTER. AT&T AND ANY THIRD PARTIES
WHO CONTRIBUTE TO THE SERVICE DO NOT WARRANT THAT
ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED
IN UNCORRUPTED FORM, ERROR FREE, OR WITHIN A REASONABLE PERIOD OF TIME.
EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE
MAKE NO EXPRESS WARRANTY REGARDING THE EQUIPMENT,
SOFTWARE, AND SERVICES, AND DISCLAIM ANY IMPLIED
WARRANTY, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTE, OR OTHERWISE, INCLUDING ANY WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH PARTICULAR
STANDARDS. AT&T AND THIRD PARTIES WHO CONTRIBUTE
TO THE SERVICE MAKE NO REPRESENTATIONS, OR ENDORSEMENTS
REGARDING THE SERVICE, THE SOFTWARE, THE EQUIPMENT
OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH
THE SERVICE. WE DO NOT AUTHORIZE ANYONE, INCLUDING,
BUT NOT LIMITED TO, AT&T EMPLOYEES, AGENTS,
CONTRACTORS, OR REPRESENTATIVES, TO MAKE A WARRANTY
OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT
RELY ON ANY SUCH STATEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS
AT&T AND THIRD PARTIES WHO CONTRIBUTE TO THE
SERVICE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING
ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION
OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.
Certain Equipment or Software may be subject
to third-party warranties, which we may pass on
to you at no additional charge. At our sole discretion,
we may replace defective Equipment and materials
on behalf of the third-party manufacturer, provided
that you follow all applicable Equipment return
procedures that we provide to you.
15. DISPUTE RESOLUTION.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE
SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION
OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION
BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT
BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN
RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
a. Binding Arbitration. The
arbitration process established by this section
is governed by the Federal Arbitration Act ("FAA"),
9 U.S.C. §§ 1-16. You have the right
to take any dispute that qualifies to small claims
court rather than arbitration. All other disputes
arising out of, or related to, this Agreement
(whether based in contract, tort, statute, fraud,
misrepresentation or any other legal or equitable
theory) must be resolved by final and binding
arbitration. This includes any dispute based on
any product, service or advertising having a connection
with this Agreement and any dispute not finally
resolved by a small claims court. The arbitration
will be conducted by one arbitrator using the
procedures described by this Section. If any portion
of this Dispute Resolution Section is determined
to be unenforceable, then the remainder shall
be given full force and effect.
The arbitration of any dispute shall be conducted
in accordance with the American Arbitration Association's
("AAA") Supplementary Procedures for
Consumer-Related Disputes, as modified by this
Agreement, which are in effect on the date a dispute
is submitted to the AAA. You have the right to
be represented by counsel in arbitration. In conducting
the arbitration and making any award, the arbitrator
shall be bound by and strictly enforce the terms
of this Agreement and may not limit, expand, or
otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER
LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF
ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE
BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT
ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD
PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH
DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A
STATUTE. YOU AND AT&T BOTH WAIVE ANY CLAIMS
FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER
THIS AGREEMENT.
b. Arbitration Information and Filing Procedures. Before you take a dispute
to arbitration or to small claims court, you must
first contact our customer account representatives
at the customer service number on your AT&T
bill for the Services, or write to us at AT&T,
P.O. Box 944078, Maitland, Florida 32794-4078,
and give us an opportunity to resolve the dispute.
Similarly, before AT&T takes a dispute to
arbitration, we must first attempt to resolve
it by contacting you. If the dispute cannot be
satisfactorily resolved within sixty days from
the date you or AT&T is notified by the other
of a dispute, then either party may then contact
the AAA in writing at AAA Service Center, 134555
Noel Road, Suite 1750, Dallas, Texas 75240-6620
and request arbitration of the dispute. Information
about the arbitration process and the AAA's Arbitration
Rules and its fees are available from the AAA
on the Internet at
http://www.adr.org/,
or by contacting us at
www.att.com/serviceguide/home
or AT&T, P.O. Box 944078, Maitland, Florida
32794-4078. The arbitration will be based only
on the written submissions of the parties and
the documents submitted to the AAA relating to
the dispute, unless either party requests that
the arbitration be conducted using the AAA's telephonic,
on-line, or in-person procedures. Additional charges
may apply for these procedures. Any in-person
arbitration will be conducted at a location that
the AAA selects in the state of your primary residence.
Arbitrations under this Agreement shall be confidential
as permitted by federal law. By notifying AT&T
within twenty days after commencing an arbitration
proceeding, you may elect to relieve both parties
to the arbitration of confidentiality obligations.
c. Fees and Expenses of Arbitration.
You must pay the applicable AAA filing fee when
you submit your written request for arbitration
to the AAA. The AAA's filing fee and administrative
expenses for a document arbitration will be allocated
according to the AAA's Rules, except as stated
herein, for claims of less than $10,000, you will
only be obligated to pay a filing fee of $20 and
we will pay all of the AAA's other costs and fees.
For claims between $10,000 and $75,000, you will
pay a fee to the AAA of no more than $375, and
we will pay all of the AAA's other costs and fees.
If you elect an arbitration process other than
a document ("desk") or telephone arbitration,
you must pay your allocated share of any higher
administrative fees and costs for the process
you select. If you request such an alternative
process, or for claims of $10,000 or greater,
AT&T will also consider, upon receiving your
request and on a case-by-case basis, paying some
or all of the AAA's fees and expenses that you
would otherwise be allocated under the AAA's rules.
You also may ask the AAA about the availability
of a pro bono arbitrator and/or a waiver or deferment
of fees and expenses from the AAA; more information
about the AAA's rules and policies is available
at the AAA's website, which is at
www.adr.org.
Unless applicable substantive law provides otherwise,
each party will pay its own expenses to participate
in the arbitration, including attorneys' fees
and expenses for witnesses, document production
and presentation of evidence. If you prevail before
the arbitrator, however, you may seek to recover
the AAA's fees and the expenses of the arbitrator
from us. If we prevail before the arbitrator,
and if we show that you acted in bad faith in
bringing your claim, then we may seek to recover
the AAA's fees and expenses of the arbitrator
from you.
16. MISCELLANEOUS.
a. No Third-Party Rights. This
Agreement does not provide any third party with
a remedy, claim, or right of reimbursement.
b. Acts Beyond Our Control.
Neither you nor we will be responsible to the
other for any delay, failure in performance, loss,
or damage due to fire, explosion, power blackout,
earthquake, volcanic action, flood, the weather
elements, strike, embargo, labor disputes, civil
or military authority, war, acts of God, acts
or omissions of carriers or suppliers, acts of
regulatory or governmental agencies, or other
causes beyond our reasonable control, except that
you must pay for any Services used.
c. Assignment. We can assign
all or part of our rights or duties under this
Agreement without notifying you. If we do that,
we have no further obligations to you. You may
not assign this Agreement or the Services without
our prior written consent.
d. Notices. Notices from you
to AT&T must be provided by calling the toll-free
customer service number 1-866-596-8455 for the
Service. Notice from you to AT&T via e-mail
is effective as of the date that you send the
e-mail. Notice from you to AT&T made by calling
AT&T is effective as of the date that our
records show that we received your call. AT&T's
notice to you under this Agreement will be provided
by e-mail to the e-mail address provided by you,
by postings on our Web site at http://www.att.net/dsl
or by U.S. mail. Notice from AT&T to you via
e-mail is effective as of the date that we send
you the e-mail.
e. Separability. If any part
of this Agreement is found invalid, the rest of
the Agreement will remain valid and enforceable.
f. Governing Law. This Agreement
will be governed by the law of the State of New
York, without regard to its choice of law rules,
except that the arbitration provisions in Section
15.c. will be governed by the Federal Arbitration
Act. This governing law provision applies no matter
where you reside, or where you use or pay for
the Service.
g. Entire Agreement. This Agreement
constitutes the entire agreement between us and
supersedes all prior agreements, understandings,
statements or proposals, and representations,
whether written or oral. This Agreement can be
amended only as provided in Section 17. No written
or oral statement, advertisement, or service description
not expressly contained in the Agreement will
be allowed to contradict, explain, or supplement
it. Neither you nor AT&T is relying on any
representations or statements by the other party
or any other person that are not included in this Agreement.
17. CHANGES TO THIS AGREEMENT.
This Agreement may only be changed in the manner provided for in this Section 17.
We may change this Agreement from time to time. With respect to price changes,
we will provide notice as described in Section
6.k. With respect to other changes to the Agreement,
we will notify you in advance of the changes by
e-mail or U.S. mail. We will also post changes
on our web-site at
http://www.att.net/dsl.
IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES,
CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THOSE CHANGES.