Terms and Conditions:
CenturyLink.net - Terms & Conditions
End User Agreement for Internet Access Services
Effective Date: October 29, 2008*
|* This End User Agreement for Internet Access Services is effective as of October 29, 2008 for all Customers who activate Services on or after October 29, 2008. For Customers who activated Services before October 29, 2008, this End User Agreement for Internet Access Services is effective as of January 15, 2009.|
CenturyLink is pleased to provide you with the Services herein described, subject to the terms and conditions contained in this End User Agreement for Internet Access Services (the "Agreement"). PLEASE READ THIS AGREEMENT IN FULL BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES AND CONTACT US CENTURYLINK IMMEDIATELY TO TERMINATE IT.
- A. "Broadband Services" means CenturyLink's DSL-based Internet access services. CenturyLink's DSL-based Internet service is also known as "High Speed Internet Service" or "HSI Service."
- B. "CenturyLink" and "we" refer to CenturyLink Broadband Services, LLC and/or any operating affiliate(s) of CenturyLink Broadband Services, LLC that provides the Service(s) described in this Agreement.
- C. "Content" means content provided by CenturyLink or its third party licensors or suppliers and accessible on the Services, including without limitation images, photographs, animations, video, audio, music, and text in any format.
- D. "Customer" and "you" refer to the individual or entity purchasing Services hereunder, as well as any individual(s) whom the individual or entity purchasing Services hereunder gives access to, or otherwise authorizes use of, the Services. All capitalized terms used herein and not otherwise defined in this Section 1 shall have the meanings ascribed to them in this Agreement.
- E. "Equipment" means the modem, router and/or other equipment provided by CenturyLink for use with the Service. Unless you and CenturyLink specifically agree otherwise, Equipment installed by CenturyLink shall remain the sole property of CenturyLink.
- F. "Service" or "Services" means all CenturyLink dial-up Internet access services and Broadband Services, Software, Equipment, Content, technical support, Usenet and newsgroup services, email, domain name server (DNS) and related services, and other products and services provided by CenturyLink under the pricing plan applicable to your Service. The Services do not include voice telephony services.
- REVISIONS TO THIS AGREEMENT.
From time to time, CenturyLink will make revisions to this Agreement and the policies relating to the Services. We will provide notice of such revisions by posting revisions to www.CenturyLink.com, www.CenturyLink.net, and/or their subdomains (collectively, the "CenturyLink Website"), or sending an email to your primary centurylink.net email address, or both. You agree to visit the CenturyLink Website periodically to review any such revisions. Increases to the monthly price of the Service (excluding other charges as detailed in Sections 8(A)(i) - (iv)) shall be effective thirty (30) days after we provide notice to you; revisions to any other terms and conditions shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Services after revisions are effective, you accept and agree to abide by the terms and conditions set forth in such revisions.
- TERM AND ACCEPTANCE OF AGREEMENT; AGREEMENT TERMS GENERALLY INCLUDED.
The term of this Agreement will be either month-to-month or for a one or two year term (depending on the Service plan you select) (the "Term"). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein. Acceptance by you of this Agreement occurs upon the earlier of: (a) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (b) your use of the Services; or (c) your retention of the Software or Equipment we provide beyond thirty (30) days following delivery. If you change Service plans, your Term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.
- AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES.
- A. You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You agree promptly to notify CenturyLink whenever your personal or billing information changes.
- B. You are responsible for all use of your Services and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. You agree to comply with all applicable laws, rules and regulations regarding your use of the Services and to only use the Services within the United States (unless otherwise permitted by this Agreement).
- C. Restrictions on Use. The Service is a consumer grade service, and you may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). If you subscribe to a Broadband Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service. You also may not exceed the bandwidth usage limitations that CenturyLink may establish from time to time for the Service, or use the Service to host any type of server. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your Service.
- D. Dial-Up Accounts. If you subscribe to CenturyLink's dial-up Internet access service ("Dial-Up Service"), your Service may be subject to log-off automatically and without notice if your account is idle for a certain period of time. An account session may be deemed to be idle if there appears to be no interactive, human generated data received from your computer system within a prescribed amount of time. Use of automatic re-dialer, script or other programs for the purpose of avoiding inactivity disconnects is a violation of this Agreement. You may only use your account for one log-on session per connection type at a time and you may not use more than one IP address for each log-on session. If your pricing plan includes an hourly usage allocation, unused hours will not carry over to another billing cycle.
- E. Broadband Accounts. If you use your account to connect through a dial-up connection, you are responsible for any dial-up usage charges above any monthly dial-up allotment that may apply. Additional User IDs provided for Broadband customers' email boxes may not be used as dial-up connections.
- F. Storage Availability. Certain Services have limited storage capacities and/or capabilities. CenturyLink reserves the right to delete, without prior notice, files from any directory or mailbox if the associated storage limitations are exceeded. You should contact a CenturyLink Customer Service representative to determine whether additional storage space can be obtained for a particular Service. The current storage limitations for Broadband Service are as follows:
- Free personal Web space (not for commercial use): 5MB per Web site
- Other Web space: 5MB per Web site unless purchased separately or supplied with your applicable Service plan
- Newgroups: 5GB of downloads per month
- Email: 1GB per mailbox. Read messages may be removed from servers 30 days after delivery. Unread messages may be removed from servers 60 days after delivery. Furthermore, CenturyLink reserves the right to deactivate centurylink.net email accounts that have not been accessed for a period of 120 days.
- AVAILABILITY OF AND CHANGES TO SERVICE.
- A. Service and Bandwidth Availability and Speed. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your line was qualified. We will provision qualified HSI Service lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of service with a lower maximum line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, the condition of your telephone line and the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Services to perform maintenance activities and to maintain session control.
- B. Dial-Up Service Upgrade. CenturyLink, at its option, reserves the right to upgrade your existing Dial-Up Service to Broadband Service at no charge to you. If you do not wish to accept such an upgrade, you may contact CenturyLink Customer Service to revert back to Dial-Up Service.
- C. Changes to your local voice telephony service. If you change your local telephone company or discontinue your local telephone service, we may in our discretion either terminate your Service or continue to provide Broadband Service without local CenturyLink voice service at the then-current rates, terms and conditions applicable to your new Service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 6(C), then we reserve the right to charge any early termination fees and to apply the Equipment return terms under Section 9.
- D. Changes to Service or Features. CenturyLink reserves the right to change any of the features, Content or applications of the Service at any time with or without notice to you. This includes the portal services we may make available as part of the Service or for an additional charge.
- SOFTWARE LICENSES AND THIRD PARTY SERVICES.
- A. We may provide you, for a fee or at no charge, software for use in connection with the Service which is owned by CenturyLink or its third party licensors, providers and suppliers ("Software"). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or Equipment, and you agree to permit such changes and access to your computer and Equipment. You may use the Software only in connection with the Service and for no other purpose.
- B. Certain Software may be accompanied by an end user license agreement ("EULA") from CenturyLink or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
- C. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by CenturyLink or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of CenturyLink or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by CenturyLink or its third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that CenturyLink or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
- D. Your license to use the Software or any Additional Services will remain in effect until terminated by CenturyLink or its third party licensors, or until your Service is terminated. Upon termination of your Service, you must cease all use of and immediately delete the Software from your computer.
- E. If you subscribe to or otherwise use any third party services offered by CenturyLink, your use of such services is subject to the EULA of that third party provider. Violation of those terms may, in our sole discretion, result in the termination of your Service.
- PRICING, CHANGES TO SERVICE PLANS AND PAYMENT.
- A. Prices and Fees; Billing. You agree to pay the monthly fees applicable to your Service, and to pay: (i) applicable taxes, (ii) surcharges, (iii) recovery fees, (iv) telephone charges, (v) activation fees, (vi) installation fees, (vii) set-up fees, (viii) equipment charges, (ix) ETFs, and (x) other recurring and nonrecurring charges. The taxes, fees and other charges detailed in (i) through (x) above may vary on a monthly basis. Surcharges and recovery fees are not taxes and are not required by law, but are set by CenturyLink and may change. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees, and equipment charges, will be included in your first bill. Monthly Service recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Based on your election and subject to our approval, CenturyLink or its agent will bill you directly, or bill your charge card or local CenturyLink telephone bill (where available). IF YOU ELECT TO BE BILLED ON YOUR CenturyLink PHONE BILL, BY USING THE SERVICES YOU AGREE TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. Billing for Dial-up Service will automatically begin upon registration of your account. Billing for Broadband Services will automatically begin on the date provisioning of your Broadband Service is complete ("Service Ready Date").
- B. Pricing Plans with Minimum Terms. You agree to maintain your Service for the one or two year term that applies to the plan you have selected (a "Term Plan"). Your Term Plan begins on the later of: (i) the date you change your existing Broadband Service plan to a Term Plan; or (ii) your Service Ready Date. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply.
- C. Discontinuation of Service for Nonpayment. We may discontinue your Service without notice if Service charges on your telephone bill or charge card are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires.
- D. Billing Disputes. You must notify CenturyLink in writing within thirty (30) days after receiving your bill if you dispute any invoiced charge, otherwise such dispute will be deemed waived. You shall have no right to withhold, set off, or reduce any invoiced amount - whether disputed or undisputed.
- E. Late Fees. If any portion of your bill is not paid by the due date, CenturyLink may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. If your charges are billed by your CenturyLink local carrier, the late fee will be equal to the late payment charge that the local exchange carrier applies. Otherwise, the late fee will be the lesser of $5.00 per month, or the highest rate permitted by law. If CenturyLink uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees.
- F. Local Telephone, Toll and Long Distance Charges. CENTURYLINK IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, LONG DISTANCE AND METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE. YOU SHOULD CHECK WITH THE LOCAL PHONE COMPANY TO DETERMINE WHETHER A DIAL-UP NUMBER YOU HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY CHARGES APPLY. CENTURYLINK DOES NOT GUARANTEE THAT ANY DIAL-UP ACCESS NUMBERS WE PROVIDE WILL BE A LOCAL CALL FROM YOUR LOCATION. ADDITIONAL CHARGES, WHICH MAY BE SUBSTANTIAL, APPLY TO REMOTE DIAL UP ACCESS, WHICH IS AVAILABLE FROM CERTAIN LOCATIONS ONLY.
- G. Refundable Deposit. We may require that you provide us with a refundable deposit, which will be specified at the time of your order ("Subscriber Deposit"). We may also require an additional deposit after activation of the Service if you fail to pay any amounts when due. Within ninety (90) days after termination of your Service, we will return your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Equipment. Amounts held on deposit will not accrue interest except as required by law.
- TERMINATION OR SUSPENSION OF SERVICE.
- A. Termination of Service.
- i. Broadband or Dial-up Subscribers with Month-to-Month Accounts. If you are a month-to-month Broadband Service or Dial-Up Service customer, either you or CenturyLink may terminate this Agreement any time by giving notice to the other as set forth in this Agreement. Termination by you will be effective upon your notice to us. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable.
- ii. Broadband Subscribers with Term Plans; Early Termination Fee. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOUR BROADBAND SERVICE IS TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR TERM PLAN, THEN YOU AGREE TO PAY CENTURYLINK THE ETF SET FORTH IN THE PRICING PLAN YOU HAVE CHOSEN. If no such ETF is set forth in the pricing plan, the applicable ETF shall be equal to the monthly recurring Service charge multiplied by the number of months remaining in the then-current Term, up to a maximum of $200.00. If you terminate Service at your location, you may be able to carry over your existing Term Plan to a new Service location; ask your CenturyLink Customer Service representative for further details.
- iii. Termination and/or Suspension by CenturyLink. CenturyLink reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of it with or without prior notice if we elect to change the Service or a part thereof or if you violate the terms of this Agreement. If CenturyLink terminates your Service under this Section 9(A)(iii), you must immediately stop using the Service and you will be responsible for the applicable fees and/or Equipment charges set forth in Sections 8, 9(A)(i), and/or 9(A)(ii). If your Service is reconnected, a reconnection fee may apply.
- B. Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, CENTURYLINK HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU.
- C. Return of Equipment upon Termination. If your Service is terminated for any reason prior to the end of the first year of service and you received Equipment at no charge from CenturyLink, you must return the Equipment to CenturyLink or you will be charged for the Equipment.
- A. Termination of Service.
- MANAGEMENT OF YOUR DATA AND COMPUTER.
- A. Your Responsibilities Regarding Management of Your Computer and Data. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT CENTURYLINK IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON CENTURYLINK'S OR ANY THIRD PARTY'S SERVERS.
- B. Content and Data Management by CenturyLink. We reserve the right to: (i) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple CenturyLink servers for back-up and maintenance purposes; and (ii) block or remove any unlawful content you store on or transmit to or from any CenturyLink server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
- C. Your Responsibilities Regarding Security. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.
- D. Monitoring of Network Performance by CenturyLink. CenturyLink automatically measures and monitors network performance and the performance of your Internet connection and our network. We also will access and record information about your computer and Equipment's profile and settings and the installation of software we provide. You agree to permit us to access your computer and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Services. You also consent to CenturyLink's monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer settings, as they relate to the Services, Software, or other services, which we may offer from time to time. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of CenturyLink or its authorized vendors, contractors and agents.
- LIMITATIONS ON USE OF THE SERVICE.
- A. You acknowledge and agree that CenturyLink (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.
- B. You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that CenturyLink is not responsible for access by you or any other users to objectionable or offensive content. CENTURYLINK STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
- C. You are not authorized to use any CenturyLink name or mark as a hypertext link to any CenturyLink Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of CenturyLink.
- D. You agree that CenturyLink assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that CenturyLink does not endorse any advice or opinion contained therein, whether or not CenturyLink provides such service(s). CenturyLink does not monitor or control such services, although we reserve the right to do so.
- E. You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
- F. Websites linked to or from the Service are not reviewed, controlled, or examined by CenturyLink and you acknowledge and agree that CenturyLink is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by CenturyLink.
- WARRANTIES AND LIMITATION OF LIABILITY.
- A. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY CENTURYLINK (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), CENTURYLINK (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "CENTURYLINK PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY CENTURYLINK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
- B. CENTURYLINK DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF CENTURYLINK HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR CENTURYLINK SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY CENTURYLINK-PROVIDED EQUIPMENT).
- C. CENTURYLINK DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY CENTURYLINK WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. CENTURYLINK SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
- D. IN NO EVENT SHALL THE CENTURYLINK PARTIES OR CENTURYLINK'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (I) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (II) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
- E. THE LIABILITY OF THE CENTURYLINK PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO CENTURYLINK FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
- F. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO CENTURYLINK'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
- G. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the CenturyLink Parties from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service (or the use of your Services by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Services.
- A. Notices required under this Agreement by you must be provided to us at 100 CenturyLink Drive, Monroe, Louisiana 71203, Attention: Legal Department. Notice by CenturyLink to you (including notice of changes to this Agreement under Section 2) shall be deemed given when: (i) transmitted to your primary centurylink.net email address; or (ii) mailed via the US mail or hand-delivered to your address on file with us; or (iii) when posted to the CenturyLink Website.
- B. If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
- GENERAL PROVISIONS.
- A. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
- B. CenturyLink will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
- C. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
- D. You and CenturyLink agree that the substantive laws of the State of Louisiana, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND CENTURYLINK CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN OUACHITA PARISH, LOUISIANA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Louisiana laws relating to consumer transactions, any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
- E. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is CenturyLink or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
- F. CenturyLink's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
- G. This Agreement, including all policies referred to herein and posted on the CenturyLink Website, constitutes the entire agreement between you and CenturyLink with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at CenturyLink.
ACCEPTABLE USE POLICY
- General Policy. CenturyLink reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other CenturyLink policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the CenturyLink network by CenturyLink or other users, or violates the terms of this Acceptable Use Policy ("AUP").
- Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of CenturyLink or any other entity, or to penetrate the security measures of CenturyLink or any other person's computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate CenturyLink's or any third party's copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct harmful to the CenturyLink network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the Service to violate any rule, policy or guideline of CenturyLink; or (k) use the Service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism.
- Usenet Policy and Posting Restrictions. CenturyLink Usenet may not be accessed via any other network. We reserve the right in our sole discretion, with or without notice to you, to add or subtract Usenet Newsgroups and to modify or restrict the bandwidth available to download content from our Usenet Newsgroup services, or to suspend or terminate our Usenet Newsgroup services (or portions thereof) at any time, with or without notice.
- Copyright Infringement/Repeat Infringer Policy. CenturyLink respects the intellectual property rights of third parties. Accordingly, you may not store any material or use CenturyLink's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of CenturyLink to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, CenturyLink expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if CenturyLink, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights CenturyLink may have under law or contract.
- Compliance Monitoring. CenturyLink may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that CenturyLink shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.