I. Terms of Internet Access Agreement.
- UCNSB requires its subscribers to abide by the rules of conduct described in UCNSB's Online Policies. You agree to abide by UCNSB's Online Policies and that those policies are incorporated into this Agreement. Please take the time to familiarize yourself with those policies.
- Current Account Charges, including billing methods, rates for using the Access Service, may be found in UCNSB's Online Policies or may be obtained by e-mail or calling UCNSB's Customer Service at 427-1361 and option 2.
- You agree that UCNSB may:
- revise the terms and conditions of this Agreement;
- revise its billing rates and account surcharges, and; revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on UCNSB home page, or on notification to you by e-mail or United States mail.
- You agree to review the Agreement periodically to be 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 UCNSB with written notice by United States mail. Notice of your termination will be effective upon receipt by UCNSB.
- You agree that, by continuing to use the Access Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.
II. Registration Information.
- You agree to provide UCNSB with accurate, complete, and updated registration information. If you do not provide UCNSB with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.
- YOU AGREE 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.
- UCNSB Internet Access Service will provide you with:
- connectivity to the Internet through UCNSB Internet Access Service
- no cancellation fees
- customer technical phone support
- The Internet is not owned, operated, or managed by, or in any way affiliated with UCNSB or any of UCNSB affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. UCNSB cannot and will not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree 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.
- You agree that UCNSB retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if UCNSB, in its sole discretion, determines that you are in violation of this Agreement. You agree that UCNSB will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.
IV. Content of Communications.
- The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on UCNSB computer servers and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Access Service.
- You agree that UCNSB has the right, but not the obligation, to remove Content from UCNSB computer servers which UCNSB, in its sole discretion, determines to be in violation of this Agreement or UCNSB Online Policies.
- As a matter of policy, UCNSB does not pre-screen Content placed on our computer servers by any of its subscribers. UCNSB does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on UCNSB servers which may violate this Agreement or UCNSB Online Policies. In addition, UCNSB cannot ensure the prompt editing or removal of any Content which may violate this Agreement or UCNSB Online Policies after such Content has been posted on our servers.
- The Internet provides access to individuals who are not UCNSB subscribers. UCNSB does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.
- Please be advised that, despite our efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that UCNSB will not be liable for any action or inaction with respect to any Content posted on or through the Access Service and the Internet.
V. Copyright and Other Rights.
- UCNSB Access Service provides access to Content that is protected by copyrights, trademarks, intellectual property rights, and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Access Service.
- You agree that your 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.
- You agree not to post or transmit Content that is subject to another party's Rights, on or through the Access Service, without that party's express permission. Such posting or transmitting:
- will result in termination of this Agreement, and
- may result in civil or criminal liability.
- You agree to upload to software files, message boards, or otherwise post or transmit on or through the Access Service, only such Content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Access Service by the holder of such Rights.
- You agree that by posting or transmitting Content to any public area (e.g. public chat rooms, message boards, software libraries) you automatically grant—or warrant that the owner of such Content has expressly granted—UCNSB the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
VI. UCNSB Access Service Software.
- Your use of the Access Service gives you limited rights to use the software through which you access UCNSB Internet Access Service and the Internet (the "Access Service Software"). UCNSB grants you a non-exclusive, non-transferable, revokable, limited sublicense to use the Access Service Software for connecting to the Access Service in accordance with this Agreement.
- You agree that your use of the Access Service provides you access to proprietary features of UCNSB Internet Access Service and of software provided by UCNSB licensors.
- UCNSB and its software licensors have Rights in the Access Service, including but not limited to: software, software documentation, the "look and feel" of the Access Service, Access Service names, subscriber interfaces, and other features.
- You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Access Service that is owned by UCNSB or its licensors.
VII. NO WARRANTY.
- You agree that your use of the Access Service, the Access Service Software, and the Internet is solely at your own risk. You agree that the Access Service and the Access Service 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.
- UCNSB disclaims any and all loss or liability resulting from, but not limited to:
- loss of data
- loss of software or hardware
- loss or liability resulting from access delays or access interruptions
- loss or liability resulting from computer viruses
- loss or liability resulting from data nondelivery or data misdelivery
- any other loss or liability resulting from the negligent acts and/or omissions of UCNSB or UCNSB subscribers
- loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Access Service, and
- loss or liability resulting from acts of God.
3. You agree that UCNSB's entire liability, and your exclusive remedy, with respect to your use of the Access Service, your use of the Access Service 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, UCNSB's liability is limited to the extent permitted by law.
VIII. Indemnification.
- You agree to defend, release, indemnify, and hold UCNSB, its affiliated companies and licensors, 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 by or through your account on the Access Service.
- You agree that UCNSB 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.
- You agree that you or UCNSB may terminate this Agreement for any reason at any time.
- You agree that your only right with respect to any dissatisfaction with any:
Agreement term, policy, or practice of UCNSB in operating the Access Service Content available on or through the Access Service or change therein amount or type of fees or billing methods, or change therein is to terminate this Agreement as set forth in Paragraph 1.
- You agree that UCNSB has the right, but not the obligation, to delete all program, data, or other files on UCNSB computer servers that are associated with your account at the time of termination.
- Only the person whose name is on the account will be able to
- Change User ID and/or Password
- Cancel an existing account
X. Law.
- You agree that this Agreement and UCNSB Online Policies comprise the entire understanding between UCNSB and you, and supercede any prior agreements between you and UCNSB with respect to the subject matter of this Agreement.
- You agree that, if any portion of this Agreement or UCNSB Online Policies 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 Florida, excluding its conflicts of law rules. You and UCNSB each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of Florida.
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