Internet Access Agreement
Before you begin to explore the Internet, you ("you", "your", "yourself",
and/or "subscriber") will need to review the following terms and conditions
of Comcation's Internet Access Service (the "Access Service"). These terms
and conditions will constitute a binding contract between you and Comcation.
They explain Comcation's obligations to you, and explain your obligations
to Comcation when you use the Access Service. By using Comcation's Internet
Access Service, you agree that your use of the Access Service and your
access to the Internet is provided in consideration of your agreement
to abide by these following terms and conditions.
I. Terms of Internet Access Agreement.
1. To make your use of the Access Service as enjoyable as possible,
in addition to the terms and conditions of this Agreement, Comcation requires
its subscribers to abide by the rules of conduct described in Comcation's
Online Policies. You agree to abide by Comcation's Online Policies and
agree that those policies are incorporated into this Agreement by reference.
Please take the time to familiarize yourself with those policies.
2. Current Account Charges, including billing methods, rates,
and surcharges for using the Access Service, may be found in Comcation's
Online Policies or may be obtained by calling Comcation's Customer Service
3. You agree that Comcation may: (1) revise the terms and conditions
of this Agreement; (2) revise its billing rates and account surcharges,
and; (3) 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 Comcation's home page, or on notification to
you by e-mail or United States mail.
4. 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 Comcation
with written notice by United States mail. Notice of your termination
will be effective on receipt by Comcation.
5. 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.
1. You agree to provide Comcation with accurate, complete, and
updated registration information. If you do not provide Comcation with
accurate registration information, you are not authorized to use the Access
Service and your account may be terminated immediately.
2. 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.
1. Comcation's Internet Access Service will provide you with:
(1) unlimited interactive connectivity to the Internet through Comcation's
Internet Access Service; (2) no cancellation fees; (3) free customer technical
phone support; (4) fully licensed Internet access software, and; (4) ISDN
2. The Internet is not owned, operated, or managed by, or in
any way affiliated with Comcation or any of Comcation's affiliates. The
Internet is an international computer network of both Federal and non-Federal
inter-operable packet switched data networks. Comcation 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.
3. You agree that Comcation retains the right, but not the obligation,
to restrict or terminate your Access Service at any time, if Comcation,
in its sole discretion, determines that you are in violation of this Agreement.
You agree that, if Comcation determines that you are in violation of this
Agreement, any restriction or termination of your Access Service will
be effective immediately, without prior notice. You agree that Comcation
will have no liability to you for any restriction or termination of your
Access Service pursuant to such violation.
IV. Content of Communications.
1. The Access Service provides you access to information, communications,
software, photos, video, graphics, music, sounds and other material and
services located both on Comcation's 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.
2. You agree that Comcation has the right, but not the obligation,
to remove Content from Comcation's computer servers which Comcation, in
its sole discretion, determines to be in violation of this Agreement or
Comcation's Online Policies.
3. As a matter of policy, Comcation does not pre-screen Content
placed on Comcation's computer servers by any of its subscribers. Comcation
does not have the practical ability to monitor, review, or restrict, prior
to its transmission, Content on Comcation's servers which may violate
this Agreement or Comcation's Online Policies. In addition, Comcation
cannot ensure the prompt editing or removal of any Content which may violate
this Agreement or Comcation's Online Policies after such Content has been
posted on Comcation's servers.
4. The Internet provides access to individuals who are not Comcation's
subscribers. Comcation 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.
5. Please be advised that, despite Comcation's efforts, you may
receive Content which you consider to be inaccurate, defamatory, or otherwise
offensive. You agree that Comcation 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.
1. The 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.
2. 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.
3. 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: (1) will result
in termination of this Agreement, and; (2) may result in civil or criminal
4. 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.
5. 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 -- Comcation 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. Comcation's Access Service Software.
1. Your use of the Access Service gives you limited rights to
use the software through which you access Comcation's Internet Access
Service and the Internet (the "Access Service Software"). Comcation 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.
2. You agree that your use of the Access Service provides you
access to proprietary features of Comcation's Internet Access Service
and of software provided by Comcation's licensors.
3. Comcation 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.
4. 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 Comcation or its licensors.
VII. NO WARRANTY.
1. 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.
2. Comcation disclaims any and all loss or liability resulting
from, but not limited to: (1) loss of data; (2) loss of software or hardware;
(3) loss or liability resulting from access delays or access interruptions;
(4) loss or liability resulting from computer viruses; (5) loss or liability
resulting from data nondelivery or data misdelivery; (6) any other loss
or liability resulting from the negligent acts and/or omissions of Comcation
or Comcation's subscribers; (7) 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; (8) loss or
liability resulting from acts of God.
3. You agree that Comcation'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, Comcation's liability is limited
to the extent permitted by law.
1. You agree to defend, release, indemnify, and hold Comcation,
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.
2. You agree that Comcation 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.
1. You agree that you or Comcation may terminate this Agreement
for any reason at any time.
2. You agree that your only right with respect to any dissatisfaction
with any: (I) Agreement term, policy, or practice of Comcation in operating
the Access Service; (II) Content available on or through the Access Service
or change therein; or (III) amount or type of fees or billing methods,
or change therein, is to terminate this Agreement as set forth in Paragraph
3. You agree that Comcation has the right, but not the obligation,
to delete all program, data, or other files on Comcation's computer servers
that are associated with your account at the time of termination.
4. Only the person whose name is on the account will be able
- (A) Change User ID and/or Password
- (B) Cancel an existing account
1. You agree that this Agreement and Comcation's Online Policies
comprise the entire understanding between Comcation and you, and supersede
any prior agreements between you and Comcation with respect to the
subject matter of this Agreement.
2. You agree that, if any portion of this Agreement or Comcation's
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 the Commonwealth of Pennsylvania, excluding
its conflicts of law rules. You and Comcation each submit to the exclusive
subject matter jurisdiction, personal jurisdiction, and venue of the
courts of the Commonwealth of Pennsylvania.
Comcation's Online Policies
Comcation's dedication to customer service means that Comcation
strives to maintain an Internet Access Service ("Access Service")
that provides Comcation's customers with an enjoyable Internet experience,
an experience that is free from interference by persons who use the
Access Service in an improper or unlawful manner.
Comcation’s Online Policies address frequently asked questions regarding
proper online conduct. These policies include information on: Comcation’s
Account Charges; the Content of
the Online Material that you may find on or through the Access
Service; purchasing Online Goods and Services through
the Access Service; and how to report complaints regarding a person’s
online conduct by using Comcation’s Complaint Response
Comcation's Online Policies, including the following list of Prohibited
Activities, are part of your subscriber agreement. If you restrict
or inhibit any other subscribers' use or enjoyment of the Access Service
by engaging in any of the activities prohibited below, Comcation may
suspend or terminate your account.
As explained in your subscriber agreement, your use of Comcation's
Internet Access Service must be governed by all applicable laws and
regulations, including all applicable local, state, national, and
international laws and regulations. In addition to other applicable
laws, this includes all laws relating to copyright, trademark, obscenity,
defamation, the right of privacy, false advertising, and fraud.
In addition to such laws and regulations, when using the Access
Service you must use your best efforts to avoid interfering with any
other person's use and enjoyment of the Access Service. You must also
ensure that your use of the Access Service is governed by the rules
of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers,
and take the time to review the activities listed below. These activities
are not proper Internet conduct and are prohibited activities on Comcation's
Internet Access Service. Following these rules will ensure that everyone
has an enjoyable Access Service experience.
1. INTERACTIVE USE.
(a) Use of the Access Service by non-dedicated access Customers must
be "interactive." For all purposes of these Online Policies and Service
Agreement, the Customer agrees and understands that "intreactive"
means that, (1) the Customer must be physically present in front of
the computer or terminal; and, (2) the Customer must, at least
once every 20 minutes, enter a command by direct physical contact
with the computer keyboard or mouse.
(b) If Comcation has reason to believe that a Customer is not using
the Service on an "interactive" basis then, in that event, Comcation
may, at its sole option, and without further notice, cancel Customer's
access, or suspend Customer's access until such time as Customer proves
to Comcation's sole satisfaction that Customer's use of the Service
was in fact "interactive" at all times. In addition to the above,
if the connection to Comcation's Service has no real activity directly
from the user for a period of 20 minutes, Comcation may disconnect
services and end the session.
2. PROHIBITED ACTIVITIES.
For purposes of the Prohibited Activities, the term "information"
means material of any type capable of being posted or transmitted
on or through the Access Service, including material in print, graphic
or pictorial form.
When using the Access Service:
(a) Defamation. You agree not to post or transmit on or through
the Access Service any information that is defamatory with respect to
a person, business, or other entity, product, or service.
(b) Fraud. You agree not to post or transmit any fraudulent
information on or through the Access Service. This mean any information
that you know or have reason to know is false, and that you intend
for others to rely on.
(c) False Advertising. You agree not to post or transmit
on or through the Access Service any advertising or promotional materials
that contain false, deceptive, or misleading statements, claims, or
(d) Unsolicited Advertising. You agree not to post or transmit
any unsolicited advertising, promotional materials, or other forms
of solicitation to other Subscribers, individuals, or entities, except
in those areas (e.g., the classified areas) that are designated for
such a purpose.
(e) Copyright Violations. You agree not to post or transmit
on or through the Access Service any information that infringes another
person's or entity's copyright in all or any part of the information.
(f) Trademark, Service Mark, and Trade Dress Violations.
You agree not to post or transmit on or through the Access Service
any information that infringes another person's rights in its trademark,
trade dress, or service mark.
(g) Trade Secret Violations. You agree not to post or transmit
on or through the Access Service any information that reveals trade
secrets belonging to another person, business, service, or other entity.
(h) Obscenity. You agree not to post or transmit any obscene
or sexually explicit images or other content on or through the Access
(i) Harassment, Threats, and Abuse. You agree not to use
the Access Service to harass, threaten, abuse, embarrass, or cause
distress, unwanted attention, or discomfort to any person or entity,
by any means, including the use of vulgar, hateful, racially, ethnically,
or otherwise objectionable information.
(j) False Pretenses. You agree to not use the Access Service
to impersonate any person, including but not limited to, an Comcation
official or an information provider, guide, or host, or communicate
under a false name or a name that you are not entitled or authorized
to use in all forms of online communication, including, but not limited
to, screen names, subscriber profiles, chat dialogue, and message
(k) Chain Letters. You agree to not post or transmit chain
letters, or letters or messages that offer a product or service based
on the structure of a chain letter, on or through the Access Service.
(l) Inappropriate Content. You agree not to post or transmit
on or through the Access Service information that is patently inappropriate
material, e.g., information or topics not related to the topics focused
on by the participants in a particular news group or mailing list.
(m) Scrolling. You agree not to cause the screen to "scroll"
faster than other Subscribers or users are able to type to it, or
any action to a similar disruptive effect on or through the Access
(n) Disruptive Activities. You agree not to use the Access
Service to disrupt the normal flow of online dialogue, or otherwise
act in a manner that negatively affects other Subscribers, users,
individuals, or entities.
(o) Violations of Service Providers' Rules. You agree to
not use the Access Service to violate any operating rule, policy,
or guideline of any other online service provider or interactive service.
(p) Multiple Access. You agree that this Agreement is not
transferable. You agree not to simultaneously access the Access Service
for more than one session at any time.
(q) Abuse of Comcation's Procedures. You agree not to make
false or unverified complaints against any Comcation subscriber, or
otherwise abuse any of Comcation's Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse Comcation’s system
by causing any harm to the system so that it inhibits other users
ability to effectively use the system.
(s) SPAM. Post or cross post, regardless of content, of the
same message to 20 or more newsgroups or email addresses.
(t) Bulk Email. Post, regardless of content, of the same
message to 20 or more email addresses.
3. CONTENT OF ONLINE MATERIAL.
Comcation's Internet Access Service provides access to information,
communications, software, photos, video, graphics, music, sounds,
and other material and services located both on Comcation's computer
servers and on the Internet ("Content"). You should be aware that
the Internet contains Content, goods and services that you may find
improper, obscene, or otherwise offensive. Such Content may not be
appropriate for you or for any minors who may be accessing the Internet
through your account.
As a matter of policy, Comcation does not pre-screen Content placed
on Comcation's computer servers by any of its subscribers. Comcation
does not have the practical ability to monitor, review, or restrict,
prior to its transmission, Content on Comcation's servers which may
violate Comcation's rules, nor can Comcation ensure prompt editing
or removal of actually or potentially violating Content after such
Content has been posted on Comcation's servers. You may, therefore,
receive offensive and unsolicited Content that Comcation cannot control.
Although Comcation retains the right to remove Content from Comcation's
computer servers that violates its subscriber agreement, the Access
Service provides access to users who are not a part of Comcation.
Comcation 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.
Accordingly, Comcation cannot be responsible for any conduct, Content,
goods, and services available on or through the Access Service. Comcation
suggests that concerned parents consider using one of the commercially
available programs capable of restricting access to sexually explicit
material on the Internet. Comcation recommends the installation of
"SurfWatch," which is now available at computer stores. However, no
parental control software is perfect. Your use of such software is
solely at your own risk. Comcation makes no warranties or representations
as to the accuracy, completeness, or usefulness of any parental control
software or service.
4. PRIVACY OF COMMUNICATIONS.
Comcation intends to respect its Subscribers' privacy and will not
randomly monitor or disclose the contents of private e-mail or private
chat room communications. However, you agree that Comcation has the
right, but not the obligation, to monitor or disclose the contents
of private communication, if Comcation, in its sole discretion, reasonably
believes that such action is necessary: (1) to comply with applicable
law or valid legal process; (2) to protect Comcation's rights or property;
or (3) in emergencies when a person's physical safety is at issue.
5. ONLINE GOODS AND SERVICES.
Comcation does not control, provide, operate, or take responsibility
for any Content, goods, or services available on or through the Access
Service. You may receive blind opportunity advertisements, pyramid
schemes, and other "get rich quick" schemes on or through the Access
Service. These should be avoided or approached with ample skepticism.
All such Content, goods, and services are made available by independent
third parties and are not part of Comcation or controlled by Comcation.
Please remember that Comcation does not endorse, warrant, or guarantee
the accuracy, completeness, usefulness, quality, or availability of
any Content, goods, or services available on or through the Access
Service, and your use thereof is solely at your own risk.
You should use your best judgment and exercise caution when purchasing
a product through the Access Service. Comcation will not be a party
to, or in any way be responsible for, monitoring any purchases or
other transactions between you and any other persons providing Content,
goods, or services on or through the Access Service. Comcation assumes
no responsibility for any such transactions and will not mediate disputes
relating to such transactions. Comcation disclaims any responsibility
for any such transactions even where the Access Service features or
displays a link with a particular World Wide Web site.
By using the Access Service you agree that neither Comcation nor
its affiliates shall be held responsible or liable, directly or indirectly,
for any loss, liability of any nature, or damage caused, or alleged
to have been caused by your use of, or reliance on, any Content, goods,
or services available on or through the Access Service.
6. ACCOUNT CHARGES.
Your recurring account charges are payable in advance. However, no
cancellation fees will apply if you terminate your account and provide 30 days advance notice. If you
terminate your personal dial-in or personal email account, you will
receive a prorated refund for any unused access time credited to your
account, subject to 30 days advance notice. All other account types are ineligible for refunds
You are responsible for all activities and charges associated with
your account. If any unauthorized charges are made on or through your
account, you are responsible for such charges until you notify Comcation
of a breach of security by calling Comcation at 215-489-8875 and change
If you pay by credit card, you expressly authorize Comcation to
charge the credit card account number associated with your Account
for any Access Service charges that accrue from month to month. You
reauthorize Comcation to charge your designated credit card account
each time you use the Access Service. This authorization will remain
valid until you terminate your authorization in writing. Comcation
may immediately terminate your account, in Comcation's sole discretion,
for declined credit cards, returned checks, or any other non-payment
of account charges.
A billing cycle will begin on the date you begin using the Access
Service and will continue for one month from that date. A new billing
cycle will begin on the first day of each month, or on the day of
the month on which you began using the Access Service.
If you pay other than by credit card, your account charges are due
on your receipt of an invoice, and payment of your account charges
must be received by Comcation prior to the first day of each billing
cycle. Only accounts with monthly invoices of more than $50.00 can
be invoiced. Your account will be considered to be in default if payment
of your account charges is not received within fifteen (15) days after
the date of your invoice. If your accounts is still unpaid thirty
(30) days after the date of your invoice, you may have your Access
Service interrupted or terminated.
If any instrument received in payment is returned to Comcation unpaid,
your account will be considered to be in default, and in addition
to the amount due, you will be subject to a returned check charge
of $25.00. If your account is cancelled or interrupted for non-payment,
you must continue to pay your monthly account charges. Only your written
request to terminate your account will relieve you of your obligation
to pay your monthly account charges.
If your account is in default, you are subject to an interest charge
of 1.5 percent per month, or the maximum allowable rate under state
law. If you default on your account, you agree to pay Comcation its
reasonable expenses, including attorneys' fees and collection agency
fees, incurred in enforcing Comcation rights under Comcation's Internet
7. COMCATION'S COMPLAINT RESPONSE PROCEDURES.
Comcation's dedication to customer service means that Comcation
takes seriously and responds to all complaints about its subscribers'
use of the Internet. This means complaints by both Comcation's subscribers
and complaints by other Internet users. Comcation believes that its
customers should be able to enjoy full use of the Internet without
interference by persons who use the Internet in an improper or unlawful
Comcation will respond to any complaint that involves online activities
that are Prohibited Activities under the Comcation's Online Policies.
Comcation will follow the Complaint Response Procedures described
below to respond to complaints from subscribers and others about Comcation's
subscribers. Under these procedures, Internet users -- including Comcation's
subscribers -- are responsible for monitoring use of the Internet
by others. Comcation will issue warnings to its subscribers, suspend
subscribers' accounts and even cancel accounts when it learns of continuing
If you have any questions regarding these policies, you can call
Comcation's Customer Service Department at 215-489-8875.
How to Submit a Complaint:
1. Form of Complaint
Complaints may be submitted in any form: by e-mail (abuse@Comcation.Net),
fax, or mail.
2. What Information Should be Submitted
If you register a complaint with Comcation's Customer Service department,
you should submit the following information:
- The online i.d. of the Comcation subscriber involved, and if
possible, any other information about the subscriber, such as his
or her name and address;
- A detailed description of the activities involved;
- If possible, the specific category or categories of Prohibited
Activity you believe is involved in the activities;
- The dates the activities took place, e.g., the date information