message=ADELPHIA BROADBAND INTERNET ACCESS SERVICE AGREEMENT
This Adelphia Broadband Internet Access Service Agreement (the "Agreement") is entered by you ("Customer" or "You") for You and your employees and agents and by Adelphia Communications Corporation ("Adelphia") for itself, its subsidiaries and affiliates that provide the Broadband Internet Access Service (the "Adelphia Broadband Service"). Adelphia and You are the Parties to this Agreement.
1. Acceptance of this Agreement. By signing this Agreement, by clicking "I Accept" at the end of the electronic version of this Agreement or by utilizing Adelphia Broadband Service, You acknowledge you have read and understand this Agreement and You accept this Agreement (together with all of the policies attached hereto) and agree to abide by its terms and conditions as they may be amended from time to time. If You do not accept this Agreement, You may not and should not utilize the Adelphia Broadband Service. Please take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Adelphia by posting such change at http://www.adelphia.com (the "Adelphia Internet Site"). Use of the Adelphia Broadband Service by You after a change to these terms and conditions has been so posted by Adelphia, shall constitute acceptance by You of such changed terms. If You do not wish to accept such changes, your only remedy is to terminate the Adelphia Broadband Service that Adelphia is providing to You under this Agreement within thirty (30) calendar days of the date the change was posted by Adelphia to the Adelphia Internet Site.
2. The Adelphia Broadband Service, Installation and Access.
(a) Adelphia Broadband Service. Subject to and in accordance with the terms and conditions of this Agreement, Adelphia will provide to You at your residence or place of business within the United States or Puerto Rico (the "Site"): (i) one cable outlet and cable modem (the "Equipment") for a separate cable connection to your computer to be installed by Adelphia or its agent or contractor only; and (ii) certain software (the "Software") to be installed either by Adelphia or its agent or contractor or You in your computer to enable your use of the Adelphia Broadband Service. The Adelphia Broadband Service will include news client, electronic mail capability and a Web browser. If You elect to purchase your own cable modem for use with the Adelphia Broadband Service, then Adelphia will not provide a cable modem to You. Adelphia reserves the right in its discretion to alter or discontinue any of the above service options as it deems appropriate.
(b) Installation and Access. Adelphia or its agent or contractor will schedule one or more installation visits with You. You must be present at your residence or place of business during an installation to be performed by Adelphia, its agent or contractor. Adelphia assumes no liability for files, data or other information that may be lost on your computer system during the installation process, and You agree to hold Adelphia harmless for all such lost files, data and other information. Therefore, You should back up your files before installation. After installation and during the term of this Agreement, You shall provide Adelphia with reasonable access to your Site to inspect, repair and maintain Adelphia's Equipment. Upon termination or expiration of this Agreement or disconnection of the Adelphia Broadband Service, You shall be obligated to return the cable modem to Adelphia or to provide Adelphia with access to the Site to recover it, if it was provided to You by Adelphia. You agree Adelphia may visit the Site upon termination or expiration of this Agreement or disconnection of the Adelphia Broadband Service to recover its cable modem. Adelphia does not restore or reconfigure your computer after de-installation, and You agree Adelphia is not responsible for doing so.
3. Adelphia Support and Maintenance of the Adelphia Broadband Service. Adelphia will provide customer support for use of the Adelphia Broadband Service solely on the Equipment and with the Software described in Section 2 of this Agreement. ADELPHIA DOES NOT GUARANTEE THAT THE SUPPORT WILL BE AVAILABLE OR THAT ADELPHIA WILL MAKE THE ADELPHIA BROADBAND SERVICE WORK ON YOUR SYSTEM OR RESOLVE ALL PROBLEMS IN CONNECTION THEREWITH. Support will be available on a commercially reasonable basis via telephone, via electronic mail or at the Adelphia Internet Site. Telephone numbers for such customer support are posted on the Adelphia Internet Site and are included in the Contact Us section of this Agreement. If your use of the Adelphia Broadband Service, Software or any other Equipment supplied by Adelphia requires that Adelphia visit the Site for assistance, repair, installation or connection, Adelphia shall be entitled to charge its then prevailing rates and costs for such visit, and You agree to pay Adelphia for such charges. Adelphia does not undertake to correct or repair, and shall have no responsibility for, software, hardware or equipment that it does not supply, and makes no guarantee that it will be able to fix your software, hardware or equipment even if supplied by Adelphia. The Adelphia Broadband Service is provided over an Ethernet-like protocol service over a shared network and users contend for bandwidth. Adelphia will undertake reasonable network management, traffic analysis, operational procedures and user policies that endeavor to provide appropriate bandwidth at all times for as many customers as possible, BUT WE DO NOT GUARANTEE THE AVAILABILITY OF ANY PARTICULAR BANDWIDTH. The Adelphia Broadband Service is designed to be faster than telephone dial-up Internet access service, however, the speed of the Adelphia Broadband Service provided to You at your Site will vary depending upon your computer and associated equipment, Internet traffic and associated equipment, and other factors.
4. Your Obligations.
(a) Payment.
(i) Installation Fee and Monthly Charges for Adelphia Broadband Service. You are obligated to pay the installation fee and monthly charges for the Adelphia Broadband Service as such charges may be determined from time to time by Adelphia in its discretion upon reasonable notice to You (including by posting changes to such charges at least thirty (30) calendar days in advance of the changes on the Adelphia Internet Site). If You do not want to keep the Adelphia Broadband Service because the charges change, You may terminate your Adelphia Broadband Service at any time as set forth in Section 11 below. You are required to pay and You agree to pay all monthly charges one month in advance. When You register for the Adelphia Broadband Service, You may decide, depending on the availability of such options in your local Adelphia service area, to pay the monthly charges with a credit card or to have the monthly charges debited directly from your checking account, in which case the monthly charges will be automatically charged to your credit card account, or debited directly from your checking account, as the case may be. You shall be responsible for and You agree to pay all applicable federal, state and local fees and taxes imposed on such charges.
(ii) Cancellation of Adelphia Broadband Service. If You cancel the Adelphia Broadband Service for any reason, Adelphia will not be required to refund to You any portion of the monthly charge paid (or to be paid) by You for the month in which cancellation occurs.
(iii) Failure to pay. If You fail to pay the monthly charges within thirty (30) calendar days of the due date, Adelphia may impose a late fee, or disconnect the Adelphia Broadband Service, or both, in its discretion. Adelphia may also charge a service fee for all returned checks and bank card or charge card charge backs, and You agree to pay Adelphia for such service fees.
(iv) Re-connect and re-installation fee. If You disconnect the Adelphia Broadband Service, request that the Adelphia Broadband Service be disconnected, or if your Adelphia Broadband Service is disconnected due to nonpayment or other breach of this Agreement, and if Adelphia agrees to reconnect the Adelphia Broadband Service, You will be charged fees for reconnecting and reinstalling the Adelphia Broadband Service, and You agree to pay Adelphia for such fees. In the event of a violation of this agreement by You, a non-refundable investigation fee shall also be charged to your account and you agree to and shall pay any such investigation fees.
(v) Charges for other services or goods. From time to time, You may decide to select additional services or purchase goods offered by Adelphia or by third parties. Such services and goods are not covered by the monthly fee and You will be charged separately for them, and You agree to pay for such services and goods.
(b) Responsibility for use of your password and user name. When You complete the registration process for the Adelphia Broadband Service, You will select a user name and a password to be used by You in accessing the Adelphia Broadband Service. It is important that You keep that password secret from others. You shall be responsible for anyone who uses the Adelphia Broadband Service using your computer system, your password, your name or your user name and for ensuring that anyone who does so use your Adelphia Broadband Service uses it in accordance with the terms and conditions of this Agreement.
(c) Your Online Conduct and Use of the Adelphia Broadband Service. As a condition of this Agreement, You agree to use the Adelphia Broadband Service in accordance with the terms and conditions of this Agreement and the Adelphia Internet Acceptable Use Policy (the "Use Policy") which is Attachment A to this Agreement and is incorporated herein by reference and which may be viewed by You at http://www.adelphia.com/esafety/service_agreements.cfm. You understand that Adelphia has the right to enforce these terms and conditions and the Use Policy in its sole discretion. In the event of a violation by You, Adelphia may, singly or in any combination, issue a warning, suspend or terminate your Adelphia Broadband Service, remove posted content, cancel newsgroup posts, and filter Internet transmissions, and Adelphia has no obligation to notify You prior to taking any such actions. Adelphia reserves the right, but has no obligation, to monitor compliance with and investigate violations of this Agreement and the Use Policy, including but not limited to monitoring bandwidth, usage and publicly posted content, gathering information from You and other users, and examining material on Adelphia's servers and network. You agree Adelphia shall not be liable to You for any of its actions taken to enforce this Agreement including Adelphia's Use Policy.
(d) Use by minors. You represent to Adelphia that You are at least eighteen (18) years of age and Adelphia relies on that representation. However, Adelphia wishes to express additional cautions in connection with any use of this Adelphia Broadband Service that You allow to be made by minors with your computer system, your password, name or user name. You agree You are responsible for such use and we strongly recommend that any use of the Adelphia Broadband Service by a minor be conducted under the supervision of a responsible adult.
(e) Responsibility for security of your credit card and other information You provide on the Internet. From time to time You may decide to visit various third-party Web sites or to order products or services from third parties when You access the Internet. We recommend that You use only secured Internet sites when making your credit card and any other information about yourself available to others on the Internet. You agree You are solely responsible for the security of your credit card and similar information from unwanted charges or use.
(f) Current address and information. You are required and You agree to keep Adelphia notified in a timely manner of any changes in the information You provide to Adelphia, including when You initially register to use the Adelphia Broadband Service. Of particular importance is the need for your current mailing address (and e-mail address) if you elect not to use the e-mail account provided to you by Adelphia, so that Adelphia may contact You if needed.
(g) Theft of Service. You may not use any service offered by Adelphia for which You do not have an active account or for which you have not paid the appropriate fee. If such activity is discovered, Adelphia may pursue all of its remedies, including, without limitation, by charging for such additional use.
(h) Assignment or sharing of Adelphia Broadband Service. You agree not to use the Adelphia Broadband Service as an Internet service information provider. You may not resell, share, redistribute, sublicense or otherwise distribute the Adelphia Broadband Service or any portion thereof to any third party without the prior written consent of Adelphia. For example, but without limitation, You may not provide Internet access to others through your connection, host shell accounts, provide e-mail or news services to others, or send a news feed.
(i) Use of a static IP address: The Adelphia Broadband Service is normally provided via the assignment of a dynamically assigned IP address. You must pay an additional monthly fee in order to be assigned a static IP address.
(j) Local networking: The ability to connect more than one computer system to your Adelphia Broadband Service is available at an additional charge over and above the base subscription fee. The local networking service allows You to connect up to four (4) individual computers to your Adelphia Broadband Service while sharing one (1) IP address and one (1) cable modem. This service does not permit the operation of a server of any type from your Adelphia Broadband Service.
(k) Multiple IP Addresses
The Adelphia Broadband Service provides for the use of a single (1) public IP address. Additional public IP addresses can be leased at an additional monthly charge per IP address for up to a maximum of three (3) additional public IP addresses. Your use of additional IP addresses for Adelphia Broadband Service must comply with the terms of this Agreement.
5. Your Warranties, Representations and Indemnifications.
(a) Warranties and Representations. You warrant and represent that: You are at least eighteen (18) years of age; You will use the Adelphia Broadband Service only in accordance with this Agreement; You will make all payments required herein; and You are a resident of the United States or Puerto Rico.
(b) Indemnification. You agree to indemnify and hold harmless Adelphia (its affiliates, subsidiaries, shareholders, officers, directors, employees, contractors, agents and representatives) (together "Adelphia Indemnified Entities") against any cost, claim, liability or expense any of the Adelphia Indemnified Entities incur as a result of or arising out of or related to: (i) your breach of this Agreement or of your warranties and representations made herein; (ii) your willful, negligent, tortious or criminal acts or omissions; (iii) any improper use of your password, name or user name; and (iv) your violation of any third party's rights. In the event of any claim, which, if true, would be subject to indemnification hereunder, Adelphia or the affected Adelphia Indemnified Parties shall notify You and You shall cooperate in their defense at your sole cost and defense. As part of your indemnification obligations, You agree to reimburse Adelphia for any costs it incurs, including complaint fees charged by AOL, UUNet and similar network providers and investigation expenses, due to complaints filed regarding your activity (or activity for which You are responsible) in using the Adelphia Broadband Service.
6. Software License and Equipment Ownership.
(a) Software License. The Software is the property of Adelphia. Adelphia hereby grants to You a nonexclusive, nontransferable license to use and to install on your computer system at the Site (but not to modify or otherwise change in any way) the Software for use solely in connection with the Adelphia Broadband Service. Your license to use any Software provided by Adelphia and its suppliers and licensors is contingent upon your compliance with all use and other restrictions and requirements contained in this Agreement.
(b) No use of the Software may be made for any other purpose. All intellectual property rights in the Software and Equipment, including any documentation, are owned by Adelphia, its vendors, suppliers, or licensors, and are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Adelphia and its vendors, suppliers, or licensors retain any and all rights not expressly granted. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. You may not copy the Software (except as necessary to use it in your computer at the Site as provided herein). Ownership of any such copies shall remain with Adelphia. Upon any termination or expiration of this Agreement or the disconnection of your Adelphia Broadband Service, this license will terminate and you shall destroy all copies of the Software that were delivered to you or made hereunder (including by erasing and deleting the Software from your computer systems).
(c) Equipment Ownership.
(i) The cable modem supplied by Adelphia under this Agreement is the property of Adelphia and must be returned to Adelphia in good and working condition upon the termination or expiration of this Agreement or the disconnection of your Adelphia Broadband Service. You must use reasonable care to avoid damaging it, and agree not to alter, modify, sell, license, lease, assign, encumber, relocate, move or tamper with it. If the cable modem is not returned to Adelphia in good and working condition within fifteen (15) calendar days after termination or expiration of this Agreement or the disconnection of your Adelphia Broadband Service, then Adelphia shall have the right to charge You up to $250 for the cable modem and You agree to pay such charge, and You hereby authorize Adelphia to charge such amount to your credit card. Please refer to http://powerlink.adelphia.net or call 1-888-233-5638 for helpful guidance to uninstall the software.
(ii) If You have purchased your own cable modem for use with the Adelphia Broadband Service, then the provisions of the preceding paragraph do not apply to You.
7. Your Privacy and Personal Information. Adelphia considers your privacy to be very important, and Adelphia wants to be sure You are aware of and agree to the way in which Adelphia might use personal information about You. You hereby agree to Adelphia's Privacy Policy which is Attachment B to this Agreement and is incorporated herein by reference and which may be viewed by You at http://www.adelphia.com/esafety/service_agreements.cfm in which Adelphia details the ways that Adelphia might utilize personal or business information belonging to You. Please keep in mind when You post any information on the Internet, including, without limitation, in Chat Rooms, that the information You post, whether about yourself or others, may be viewed by others. Use good sense and prudence in determining the extent of personal and business information You wish to make available to others.
8. Disclaimers and Limitation of Adelphia's Liability.
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ADELPHIA BROADBAND SERVICE, SOFTWARE, DATA AND ANY OTHER SERVICES, SOFTWARE OR EQUIPMENT PROVIDED BY ADELPHIA ARE NOT GUARANTEED TO BE ERROR FREE, UNINTERRUPTED, SECURE OR ALWAYS AVAILABLE OR AVAILABLE WITH SUFFICIENT CAPACITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE ADELPHIA BROADBAND SERVICE, THE INTERNET, AND ANY SOFTWARE OR EQUIPMENT PROVIDED BY ADELPHIA IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL ADELPHIA SERVICES AND PRODUCTS ARE PROVIDED "AS IS, AS AVAILABLE, AND WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN WARRANTIES WHICH CANNOT LEGALLY BE EXCLUDED. ADELPHIA MAKES NO WARRANTY THAT THE ADELPHIA BROADBAND SERVICE WILL WORK ON YOUR PARTICULAR COMPUTER OR COMPUTER SYSTEM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADELPHIA SHALL HAVE NO RESPONSIBILITY FOR DAMAGE OR DESTRUCTION TO YOUR COMPUTER SYSTEM, DATA, INFORMATION OR EQUIPMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADELPHIA HAS NO RESPONSIBILITY WHATSOEVER FOR ANY THIRD PARTY CONTENT, DATA, INFORMATION, PROGRAMS OR OTHER MATERIAL THAT YOU MAY USE WITH OR ACCESS USING THE ADELPHIA BROADBAND SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE ADELPHIA BROADBAND SERVICE OR ON THE INTERNET. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ADELPHIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS OR SAVINGS) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE INSTALLATION, USE, MAINTENANCE, FAILURE, REMOVAL OR OPERATION OF THE ADELPHIA BROADBAND SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY ADELPHIA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADELPHIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN SUCH STATES OR OTHER JURISDICTIONS ADELPHIA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(b) SUBJECT TO THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADELPHIA'S MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT OR ARISING OUT OF OR RELATED TO THE ADELPHIA BROADBAND SERVICE WILL BE THE LOWER OF THE AGGREGATE AMOUNT YOU HAVE ACTUALLY PAID TO ADELPHIA FOR THE ADELPHIA BROADBAND SERVICE OR $500. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ADELPHIA HAS SET ITS PRICING FOR THE ADELPHIA BROADBAND SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY DEVELOPER OF SOFTWARE OR SERVICES SUPPLIED TO ADELPHIA AND ITS SUPPLIERS AND LICENSORS. IT IS THE MAXIMUM FOR WHICH ADELPHIA AND ITS SUPPLIERS AND LICENSORS ARE COLLECTIVELY RESPONSIBLE.
(c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADELPHIA IS NOT RESPONSIBLE FOR FORWARDING E-MAIL SENT TO ANY ACCOUNT THAT HAS BEEN SUSPENDED OR TERMINATED. ADELPHIA MAY, IN ITS DISCRETION, DESTROY, RETURN, IGNORE OR TEMPORARILY STORE SUCH RETURNED E-MAIL.
(d) UNSOLICITED BULK E-MAIL FILTERING SOLUTIONS: ADELPHIA MAY ELECT AT ANY TIME TO TAKE APPROPRIATE MEASURES TO REDUCE THE AMOUNT OF UNSOLICITED BULK E-MAIL THAT ENTERS ITS ADELPHIA BROADBAND SERVICE NETWORK. THIS MAY INCLUDE THE USE OF SOFTWARE THAT DETECTS AND DELETES FROM YOUR INBOX UNSOLICITED BULK E-MAIL FROM THE INTERNET AND/OR VIRUSES AS APPLICABLE. THIS MAY ALSO INCLUDE THE USE OF THIRD-PARTY SOFTWARE IN CONJUNCTION WITH OTHER FILTERING METHODS. WHILE YOU MAY BE PROVIDED THE OPPORTUNITY TO "OPT-OUT" OF SOME OF THESE SERVICES, ADELPHIA RESERVES THE RIGHT TO MAKE THE USE OF SOME MEANS OF FILTERING MANDATORY FOR ALL ADELPHIA BROADBAND SERVICE USERS. DUE TO THE VOLATILE NATURE OF THE INTERNET AND ITS OFFERINGS, ADELPHIA AND ITS THIRD PARTY CONTRACTORS, VENDORS, SUPPLIERS, AND LICENSORS DO NOT GUARANTEE THE ACCURACY OF THE PERFORMANCE OF THESE FILTERING SYSTEMS. ANY E-MAIL MESSAGE THAT IS IDENTIFIED BY THESE FILTERING SYSTEMS AS UNSOLICITIED BULK E-MAIL MAY BE DELETED FROM THE ADELPHIA BROADBAND SERVICE PRIOR TO DELIVERY TO YOU WITHOUT NOTIFICATION TO YOU OR THE MESSAGE ORIGINATOR.
9. Adelphia is not responsible for Third Party Content, Sites, Services, Products or Unauthorized Access to Your Communications.
(a) Unauthorized Access. Adelphia's network is a shared one used by various users to access a variety of services. Neither the network nor the Internet itself provides security against unauthorized access. Others may access or monitor your activity and conduct while You are using the Adelphia Broadband Service. Adelphia is not responsible for any unauthorized access to the data, files, transmissions, communications sent to or from You or for unauthorized access to your computer. Adelphia does not provide any type of security system, either hardware or software, to You for the purpose of preventing unauthorized access or infection by a computer virus. You expressly understand and agree that You are solely responsible for the security of any computer or other device with which You connect to the Adelphia Broadband Service, and any data, programs or information stored on that device. If You choose to run applications from your computer system that permit others to gain access to it, You must take appropriate security measures. You are responsible for taking appropriate measures to ensure the security of your personal computer system(s) to prevent unauthorized access from other Internet users and from infection of any computer virus. This includes keeping anti-virus software up-to-date on a regular basis. You understand that You are responsible for any actions or activity that is traced back to your Adelphia Broadband Service regardless of what security measures are in place. Your failure to do so may cause Adelphia to terminate your Adelphia Broadband Service.
(b) Bugs, Trojan horses, viruses and similar problems. You expressly understand and agree that Adelphia is not responsible for any bugs, viruses, Trojan horses or other damaging attributes that may be found in any software installed on your computer, that You download from the Internet, or that gains access to your computer through the Adelphia Broadband Service.
(c) Third party services, products and content. You expressly understand and agree that while Adelphia supplies access to the Internet, it is not responsible for the services or products offered by others on the Internet, nor is Adelphia the publisher of any information on the Internet that is provided by others, including, without limitation, other users on bulletin boards, in chat rooms and similar venues. Adelphia makes no commitment to review, monitor or filter and does not endorse or otherwise vouch for any service, product, information, programs, data, or content sent, accessed, offered or advertised over the Internet or otherwise made available to You by any individual, information provider, or on-line service or content provider (other than Adelphia). Such content may include profane, obscene, indecent, disturbing, illegal, abusive, infringing, offensive or other material You may find problematic. ADELPHIA IS NOT RESPONSIBLE FOR ANY SUCH CONTENT. If You become aware of material that You believe may be infringing, illegal, obscene, defamatory or otherwise problematic, please contact us at the address set forth below under "Contact Us". Adelphia reserves the right to take a variety of steps, including, without limitation, removing (temporarily or permanently), filtering, canceling or blocking any material that in its sole judgment is inappropriate or violates the terms and conditions of this Agreement, including the Use Policy, although Adelphia is not responsible for any failure or delay in taking any such step.
(d) Parental Empowerment Tools. While Adelphia may make available blocking and filtering software developed by others to help parents and teachers limit the access of children and students to inappropriate material and protect them from disclosing personal information, Adelphia is not the publisher or manufacturer of this software, makes no warranties or representations regarding the effectiveness of such software, and You expressly understand and agree that Adelphia shall not be responsible therefore.
10. Contact Us.
(a) Billing Information, Questions or Concerns. If You have questions or concerns or simply would like more information about the costs You might incur in using the Adelphia Broadband Service or with your particular account, please contact us at: 1-888-233-5638.
(b) Concerns about possible infringement or inappropriate conduct or content on the Adelphia network. If You believe that certain software, information or other content on the Adelphia network violates your rights or the rights of others, or if You believe that another user is violating the terms of this Agreement including the Use Policy, please feel free to contact us at 1-866-473-2909 or http://www.adelphia.com. We do not commit to following up or resolving your concerns, but may do so in our discretion. If You believe that material accessible on the Adelphia network infringes your copyright, please contact Adelphia's Copyright Agent below with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that You claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists, or a copy of the copyrighted work;
(iii) identification of the URL or other specific location on the Adelphia Network where the material that You claim is infringing is located;
(iv) your name, address, telephone number and email address;
(v) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(vi) a statement by You, made under penalty of perjury, that the information You have provided is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Adelphia's Copyright Agent is:
Michael D. Healy, Sr.
Adelphia Communications Corporation
1 North Main Street
Coudersport, PA 16915
(866) 473-2909
copyright@adelphia.net
(c) General Information. For general information about Adelphia and Adelphia's services, please contact us at: 1-888-233-5638.
(d) Customer Support and Service. For customer service and support, please contact: 1-888-551-5465 or http://powerlink.adelphia.net.
(e) Information for California Residents. Under California Civil Code Section 1789.3, if You are a California resident, You are entitled to the following specific consumer rights information:
Pricing Information. Current rates for Adelphia Broadband Service may be obtained by calling 1-888-233-5638. Adelphia reserves the right to change or add fees, surcharges or monthly charges at any time upon thirty (30) days prior notice as provided in Paragraph 4(a)(i) above.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814 or by telephone at 916-445-1254.
(f) Information about the risks of unauthorized access. Please see http://www.adelphia.com for information about the risks of unauthorized access to your information, communications and computer.
11. Term and Termination.
(a) Termination by Adelphia. Adelphia reserves the right in its discretion to suspend or terminate this Agreement and to disconnect the Adelphia Broadband Service, in whole or in part, at any time, with or without cause and with no obligation of prior notice to You. Adelphia may also pursue any other legal remedies it deems appropriate.
(b) Termination by You. You may terminate the Adelphia Broadband Service at any time by calling 1-888-233-5638. Cancellation will take effect as of the date on which Adelphia schedules and completes the disconnection of your Adelphia Broadband Service. You shall be obligated and agree to pay the monthly charge for the month in which the termination became effective. YOUR SOLE REMEDY AGAINST ADELPHIA IN THE EVENT OF DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR EQUIPMENT SUPPLIED BY ADELPHIA, OR THE ADELPHIA BROADBAND SERVICE OR YOUR USE THEREOF, IS TO TERMINATE THIS AGREEMENT.
(c) Your files. In the event of termination or expiration of this Agreement or disconnection of your Adelphia Broadband Service, Adelphia may delete or store, in its discretion, any files, programs, data or messages associated with your account.
(d) Return of cable modem. Within fifteen (15) calendar days after termination or expiration of this Agreement or disconnection of your Adelphia Broadband Service, You shall be obligated to return the cable modem supplied by Adelphia to Adelphia in good and working condition to avoid additional charges. If You have purchased your own cable modem for use with the Adelphia Broadband Service, then the preceding sentence does not apply to You.
(e) Deletion of email addresses. You agree that should your Adelphia Broadband Service be terminated for any breach of the above use restrictions and requirements. You shall not be permitted to open or maintain any other e-mail accounts with Adelphia. Any other account(s) under your control at the time of any breach by You may be terminated immediately at the sole discretion of Adelphia, with or without prior notice.
12. Governing Law. This Agreement shall be governed by the laws of the United States of America and the state of New York without regard to New York's conflict of laws principles.
13. Disputes. If You have a complaint regarding any aspect of your Adelphia Broadband Service, we encourage You to first contact our Customer Service Department at 1-888-233-5638 or http://www.adelphia.com. Billing complaints not made within sixty (60) calendar days of the billing in question may not be honored.
If You are not satisfied with the manner in which your concern has been addressed after speaking with the Customer Service Department, please submit your complaint in writing to the General Manager of your local Adelphia office at the address listed on your monthly bill. Should You remain dissatisfied, You may contact the corporate office of Adelphia at the following address:
Adelphia
P.O. Box 472
Coudersport, PA 16915
Attn: Customer Care
14. Binding Arbitration
You agree all disputes, controversies, or differences that may arise between the parties out of or in any manner relating to or in connection with the Adelphia Broadband Service or this Agreement, or the breach thereof, shall be submitted to and settled by binding arbitration. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Any arbitration proceeding shall take place in Erie County, New York, without regard to New York's conflict of laws rules. The Parties shall appoint a mutually acceptable arbitrator or, if the Parties cannot agree on a mutually acceptable arbitrator, than a court of competent jurisdiction shall appoint a retired judge as arbitrator. No demand for arbitration or action or any kind or nature arising out of this Agreement or out of any use of the Adelphia Broadband Services by You, can be brought by a Party more than one year after the date on which the cause of action first arises. The arbitrator shall not modify the terms of this Agreement and shall not award punitive damages. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and each party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in Erie County, New York and each party waives any jurisdictional, venue, or inconvenient forum objections to such courts. You hereby agree that You will bring any such dispute singly and not in combination with claims of other individuals. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled to costs and attorneys' fees.
15. Miscellaneous.
(a) Entire Agreement. This Agreement is your entire agreement with Adelphia and is not intended to confer and does not confer any rights or remedies upon any person or entity other than the Parties to this Agreement and the Adelphia Indemnified Parties. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties and the remaining portions shall remain in full force and effect.
This Agreement sets forth the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements related thereto.
(b) Assignment. This Agreement and your rights and obligations under this Agreement may not be assigned by You in whole or in part without Adelphia's prior written consent.
(c) Transfer of Adelphia Broadband Service. The Adelphia Broadband Service is provided to the Site initially selected by You. You may not transfer the Adelphia Broadband Service to another location without Adelphia's prior written consent (even if You move).
(d) Limitation of Information. Adelphia shall have no obligation to make any specific information, data, service, programs, Newsgroups or other material available through the Adelphia Broadband Service and may block any such material in its sole discretion.
(e) Use Policy and Privacy Policy. Adelphia's Use Policy and Adelphia's Privacy Policy are integral parts of this Agreement.
(f) Adelphia's Remedies. Wherever a remedy is expressly provided to Adelphia hereunder, such remedy is intended to add rather than to restrict all of Adelphia's remedies in law and equity.
(g) Waiver. If Adelphia fails, at any time, to enforce any right or remedy available to it under this Agreement, that failure will not be construed to be a waiver of the right or remedy with respect to that or any other breach or failure by You. Any waiver must be in writing and signed by Adelphia.
(h) Compliance with Laws: Force Majeure. You agree to comply with and shall be responsible for compliance with all applicable export laws and regulations. Neither You nor Adelphia and its suppliers and licensors are responsible for the failure to fulfill any obligations due to causes beyond their control.
Attachment A
Adelphia Internet Acceptable Use Policy
In utilizing the Adelphia Broadband Service, you ("You") hereby agree to comply with the terms and conditions of the Adelphia Broadband Internet Access Service Agreement (the "Agreement") and this Adelphia Internet Acceptable Use Policy (the "Use Policy") as they may be modified from time to time by Adelphia. In the event of any inconsistency or conflict between this Use Policy and the Agreement, the provisions of this Use Policy shall govern.
1. Generally Prohibited Conduct.
(a) You agree not to use the Adelphia Broadband Service or any Equipment or Software provided by Adelphia:
(i) for any activity that violates any international, federal, state, agency, or local law or regulation or any person's rights, including, without limitation, by posting or transmitting child pornography or obscene material, engaging in fraudulent activity, exporting software or technical information in violation of U.S. export control laws, or by accessing, using, copying, modifying, transmitting, or downloading material in violation of the U.S. Copyright laws;
(ii) to post or transmit any information or material that: infringes any person's copyright, trademark, trade secret, patent or other proprietary rights; is defamatory, libelous, offensive, threatening, abusive, pornographic, sexually explicit, profane, or otherwise is unacceptable or inappropriate in Adelphia's sole discretion; constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise would violate the law; or contains a virus or other harmful component; or is false regarding You;
(iii) to achieve or attempt to achieve any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material, or to breach or attempt to breach the security of another user, or to distribute or use tools designed to compromise the security of any system or network. This includes port scanning, port probes, and direct connection attempts to a service or system not owned or controlled by You;
(iv) to improperly interfere with, inhibit, degrade or restrict the use and enjoyment of the Adelphia Broadband Service by others or Adelphia's ability to deliver the Adelphia Broadband Service to users and to monitor the Adelphia Broadband Service, backbone, network nodes and other aspects of network servicing, including, without limitation, by:
(A) sending excessive data transfers;
(B) interrupting or interfering with the equipment, access, servers or Adelphia Broadband Service used by other users;
(C) disrupting Adelphia's backbone network nodes or network services;
(D) obtaining material that is prohibited by law to be sent or displayed or to obtain, send or display for or to a minor material that is prohibited by law to be obtained, sent or displayed to a minor;
(E) sending unsolicited messages to other individuals or messages to individuals who have expressly requested that You do not send messages to them;
(F) failing to comply with any bandwidth, data storage, IP address or other use limitations imposed on your use of the Adelphia Broadband Service;
(G) transmitting or disseminating any virus or feature harmful to the operation of any system, equipment, service or software; or
(H) modifying or altering in any manner any modem, or modem configuration, so as to allow its use beyond the parameters outlined by the specific level of service contracted for. This section shall apply to customer provided equipment as well as equipment leased from Adelphia.
(v) to run a server of any type in connection with the Adelphia Broadband Service, or to provide network or host services to others via the Adelphia Broadband Service. Prohibited uses include, without limitation, running servers for PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, PROXY, DHCP, IRC, TELNET, TFTP, SNMP and multi-user interactive forums, and remapping of ports for the purpose of operating a server on the network.
2. Use of Electronic Mail.
(a) You agree not to use the Adelphia Broadband Service or any Equipment or Software provided by Adelphia:
(i) to send e-mail of a personal, bulk or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, other than to those who have requested such e-mails via a confirmed opt-in subscription process maintained by You;
(ii) to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from You;
(iii) to collect or receive responses from unsolicited e-mail messages (even if such e-mail was sent from accounts on other Internet service providers or e-mail services) that violate the Agreement or this Use Policy or the terms of use under the other Internet service provider or e-mail service from which it was sent;
(iv) to conduct "mail bombings" (e.g., to send more than ten copies of the same or substantially similar message, or with the intent of disrupting a server or account to send very large messages or files);
(v) to send or forward chain letters (whether or not the recipient requests it);
(vi) to harvest e-mail addresses or personal information of other Adelphia subscribers or the subscribers of any other network; or
(vii) to use another Internet site's mail server to relay mail without the express permission of the owner of that Internet site.
(b) You agree not to:
(i) reveal to others the e-mail password and user name of yourself or other users of the Adelphia Broadband Service; or
(ii) forge, alter or remove any electronic mail header;
3. Use of Newsgroups or Channels. When using the Adelphia Broadband Service or any Equipment or Software provided by Adelphia and using a Newsgroup or Channel or other public bulletin board (the "Newsgroup"), You agree not to:
(a) post messages that do not comply with or are not permitted by the Newsgroup's terms of use, written charters, FAQ or similar instructions or guidelines ("Newsgroup Guidelines") or otherwise violate the Newsgroup Guidelines;
(b) post or cross-post the same or substantially similar messages to more than eight (8) Newsgroups;
(c) forge, alter or remove header information;
(d) circumvent the approval process for posting to a moderated Newsgroup;
(e) "flood", "newsbomb" or disrupt users of Newsgroups, by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, canceling messages of others (except as an authorized moderator), or sending excessive quantities of data to a Newsgroup;
(f) post binary files to Newsgroups that do not expressly permit them; or
(g) download any Newsgroup in bulk. (Adelphia's Usenet news service included with your account is provided for interactive use by the subscriber using a commonly available NNTP program such as Microsoft Outlook Express. Non-interactive clients must not download Usenet articles in bulk.)
4. Use of Relay Chat Room, Chat Rooms, Bulletin Boards, Discussion Groups and Similar Interactive Programs. When You participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms"), You agree not to:
(a) participate in Chat Rooms from which You have been banned, or in a manner that violates the applicable acceptable use policy for that server or Chat Room;
(b) flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others);
(c) use "bots" or "clones" on computers or other devices when using the Adelphia Broadband Service (for example, You may not participate in Chat Rooms using an automated program unless You are actually physically present at your computer);
(d) manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges to which You are not entitled;
(e) send Chat Room messages to recipients who have indicated their desire not to receive such messages; or
(f) forge, alter or hide your identity (other than by using a nickname from which Adelphia may, if necessary, determine your real name).
5. Criminal or Civil Liability. Violations of this policy may result in criminal or civil liability or both. Adelphia will investigate incidents involving violations of this Use Policy and will cooperate with law enforcement agencies if a criminal violation is suspected. Indirect or attempted violations of this Use Policy, and actual or attempted violations by a third party on behalf of an Adelphia subscriber or a subscriber's end user, shall be considered violations of this Use Policy by such subscriber or end user.
6. Other Service Providers' Acceptable Use Policies. Adelphia, and thus its subscribers, including You, must also comply with the acceptable use policies of other entities providing services to Adelphia, such as, but not limited to, UUNET Technologies, Inc., Sprint Communications Company, L.P. and Qwest Communications Corporation, and upon which Adelphia relies in providing these services to You. Therefore, You agree to abide by the acceptable use policies of such other entities, copies of which are available at www.us.uu.net/support/usepolicy/; http://www.sprintbiz.com/internet_solutions/internet_services/policy.html; and http://www.qwest.com/usagepolicy.html, as such policies may be changed from time to time by such other entities, which will post such changes on their Web sites.
7. POLICY CHANGES. THIS USE POLICY MAY BE CHANGED FROM TIME TO TIME BY ADELPHIA IN ITS SOLE DISCRETION WITHOUT PRIOR NOTIFICATION TO YOU BY POSTING SUCH CHANGE AT HTTP://WWW.ADELPHIA.COM (THE "ADELPHIA INTERNET SITE"). USE BY YOU OF THE ADELPHIA BROADBAND SERVICE AFTER A CHANGE TO THIS USE POLICY HAS BEEN SO POSTED BY ADELPHIA SHALL CONSTITUTE ACCEPTANCE BY YOU THEREOF. IF YOU DO NOT WISH TO ACCEPT SUCH CHANGES, YOUR ONLY REMEDY IS TO TERMINATE THE ADELPHIA BROADBAND SERVICE ADELPHIA IS PROVIDING TO YOU UNDER THIS AGREEMENT WITHIN THIRTY (30) CALENDAR DAYS OF THE DATE SUCH CHANGE IS POSTED BY ADELPHIA TO THE ADELPHIA INTERNET SITE.
Attachment B
ADELPHIA PRIVACY POLICY AND ADELPHIA BROADBAND SERVICE INTERNET ACCESS PRIVACY NOTICE 2003
1. General. Adelphia considers your privacy to be important. The purpose of this policy is to make sure you understand the information we may collect about you and your activities when using the Adelphia Broadband Service and what we do with such information.
2. Annual Notice. In addition, pursuant to federal law, 47 U.S. C. 521, et seq., Adelphia is required each year to provide you with a copy of this notice to advise you, as a cable customer of Adelphia, of the legal limitations placed upon the collection and disclosure of such personal information.
3. CONSENT. PLEASE BE AWARE THAT IF YOU USE THE ADELPHIA BROADBAND SERVICE, YOU WILL BE CONSENTING TO THE TERMS OF THIS ADELPHIA PRIVACY POLICY. IF YOU DO NOT WANT YOUR INFORMATION TO BE UTILIZED AS PROVIDED IN THIS ADELPHIA PRIVACY POLICY (INCLUDING THE OPT OUT PROVISIONS DETAILED BELOW), THEN YOU SHOULD NOT UTILIZE OR ACCEPT THE ADELPHIA BROADBAND SERVICE.
4. Collection of information about you by Adelphia. When you register to use the Adelphia Broadband Service, when you install the Software, and from time to time when you use the Adelphia Broadband Service, we may ask you (or you may be asked by prompts from the Software, for example), to provide or we may collect from you the following kinds of information:
1. Your name
2. Your address (including e-mail address)
3. Your telephone numbers
4. Your social security number
5. Your billing/payment history
6. Levels of service you have utilized or requested
7. Maintenance and repair records for your Site and the equipment Adelphia has provided to you
8. The identification, make, model numbers and other information about the equipment Adelphia has provided to you or that you utilize on the Site
9. Information about your activity on the Internet, including, without limitation, IP addresses, Web sites you visit, dates and times of your visits, communications you may have with bulletin boards, chat rooms, newsgroups and other publicly available Web sites.
When this information is used in a manner that identifies you, this information shall constitute "Personal Information". When this information is used in a manner that does not identify you, this information shall constitute "Statistical Information".
Federal law allows Adelphia to collect Personal Information from or about you using the Adelphia Broadband Service without your consent in order to: (i) obtain information necessary to render the Adelphia Broadband Service to you; or (ii) to detect unauthorized reception of cable communications. Adelphia may collect other Personal Information from you with your prior written or electronic consent.
5. Use of Personal Information by Adelphia.
(a) Federal law permits Adelphia, as a cable operator, without your consent, to use such Personal Information to render the Adelphia Broadband Service to you or to detect unauthorized reception of cable communications.
(b) Adelphia may also use such Personal Information in any other way, provided that Adelphia secures your prior written or electronic consent to such use.
(c) Adelphia uses Personal Information for legitimate business activities related to the provision to you of the Adelphia Broadband Service, including, without limitation, to bill you for the Adelphia Broadband Service, for accounting or tax purposes, to send you program guides, to detect unauthorized use of the Adelphia Broadband Service, violation of the Adelphia Broadband Internet Access Service Agreement (the "Agreement"), the Adelphia Internet Acceptable Use Policy, or violation of law, and for mailing or sending promotional material or information to you about the Adelphia Broadband Service, other offerings from Adelphia or about products and services available from others.
6. Disclosure of Personal Information by Adelphia
(a) Federal law allows Adelphia, as a cable operator, and without your consent, to disclose Personal Information if the disclosure is:
(i) necessary to render, or conduct a legitimate business activity related to the Adelphia Broadband Service;
(ii) pursuant to court order authorizing such disclosure provided that you are notified of such court order by the person to whom the order is directed (and see below additional requirements if the court order is to disclose the information to a governmental entity); or
(iii) to third parties provided the disclosure is only of your name and address (and further provided that Adelphia has provided you with the opportunity to prohibit or limit such latter disclosure and such latter disclosure does not reveal, directly or indirectly, the extent of any use of the Adelphia Broadband Service or the nature of transactions you make using the Adelphia Broadband Service).
(b) In accordance with 6(a)(i) above, examples of the kinds of entities to whom Adelphia might disclose Personal Information are as follows: Adelphia's employees, agents, subcontractors, affiliates, sales representatives, accountants, billing and collection services, cable programming suppliers, representatives of the franchising authority, suppliers of programming information and guides. Your consent is not required for us to make such disclosures for legitimate business purposes.
(c) For purposes of 6(a)(ii) above, if the court order requires Adelphia to disclose the Personal Information to a governmental entity, such governmental entity must have secured such court order as a result of a court proceeding where it: (i) offered clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (ii) the subject of the information is afforded the opportunity to appear and contest such governmental entity's claim.
(d) In accordance with 6(a)(iii) above, Adelphia may disclose your name and address to non-governmental third parties, unless you opt out as permitted under Paragraph 7 below.
(e) Unless you opt out as permitted under Paragraph 7 below, you are hereby consenting to permit Adelphia to disclose your name and address to third parties offering services or products that may be of interest to you.
(f) In addition, you are hereby consenting (to the extent such consent is necessary) to: Adelphia's disclosure of your name and address to law enforcement agencies or officers; in response to court orders and subpoenas; as required by law; to prevent criminal activity, including, but not limited to, fraud, bomb threats, homicide, child pornography, violations of U.S. export control laws, or violation of U.S. Copyright laws; or if, in Adelphia's sole judgment, such disclosure is advisable to endeavor to avoid harm (such as to notify local police or medical authorities of a medical or security emergency, a threat of harm to public safety or similar concern). If you are uncomfortable with allowing us to use your Personal Information in this way, please do not sign up for the Adelphia Broadband Service.
7. Opt out provision. In accordance with Paragraphs 6(d) and (e), (and subject to the provisions of this Adelphia Privacy Policy which permit Adelphia to disclose your Personal Information to third parties) you may elect not to have Adelphia share your name or address with non-governmental third parties or with other businesses with services or products that may be of interest to you. If you elect not to have Adelphia share your name or address with non-governmental third parties with other businesses with services or products, please send an email stating your name, mailing address, subscriber Account Number to: Privacy.Policy@adelphia.net . If you change your mind and do wish to allow us to so disclose your name and addresses to other businesses, please contact us in the same manner.
8. Maintaining Your Personal Information. We will maintain your Personal Information while you are receiving the Adelphia Broadband Service and only for so long as is necessary for legitimate business purposes. Certain subscriber information is held for up to seven (7) years for tax purposes. Other information, such as subscriber credit history, service calls to individual residences and length of service records, may be held indefinitely to allow us to maintain accurate system maintenance and subscriber history. Federal law requires that once such information is no longer needed (or is no longer the subject of a pending request for access from you or pursuant to court order) Adelphia must destroy it.
9. Access to Personal Information. You may review any personal information that pertains to them and may be given an opportunity to correct any errors. If you desire to review such information at our nearest business office, please notify us in writing at the return address indicated at the top of your billing statement, and an appointment will be arranged promptly for such inspection during business hours.
10. Security Measures. Adelphia will implement reasonable security measures to protect Personal Information from unauthorized access.
11. Statistical Information. Adelphia may sell, disclose and use in any way Statistical Information gathered from our subscribers.
12. Caution regarding posting of information by you. We remind you that when you post any information about yourself or others to Chat Rooms or similar interactive bulletin board sections of the Internet, you are revealing such information to strangers. In addition, when you visit sites and other sections of the Internet, each may be governed by different privacy policies and any information you provide about yourself in such sections may not be protected by policies akin to this Adelphia Privacy Policy. Please use caution and good sense.
13. You have a federal cause of action if Adelphia violates this Adelphia Privacy Policy. Federal law, 47 U.S.C. 521 et seq. (specifically Section 551(f)) provides cable service customers with a cause of action in federal court if any federal limitations on the collection, disclosure or retention of personally identifiable information have been violated by Adelphia.
14. Changes to this Adelphia Privacy Policy. We remind you that (to the extent permitted by law) this Adelphia Privacy Policy may be changed from time to time by us in our sole discretion by posting such change at http://powerlink.adelphia.com (the "Adelphia Internet Site"). Use by you after a change to this policy has been so posted by Adelphia shall constitute acceptance by you thereof. If you do not wish to accept such changes, your only remedy is to terminate the Adelphia Broadband Service we are providing to you under the Agreement.
ADELPHIA NON-DISCLOSURE FORM
Pursuant to Paragraph 7 of the Adelphia Privacy Policy, I hereby elect not to have Adelphia share my name or address with non-governmental third parties or with other businesses with services or products that may be of interest to me. I understand that this election does not apply and is subject to the other provisions of the Adelphia Privacy Policy which permit Adelphia's disclosure of my name and address to law enforcement agencies or officers; in response to court orders and subpoenas; as required by law; to prevent criminal activity, including, but not limited to, fraud, bomb threats, homicide, child pornography, violations of U.S. export control laws, or violation of U.S. Copyright laws; or if, in Adelphia's sole judgment, such disclosure is advisable to endeavor to avoid harm (such as to notify local police or medical authorities of a medical or security emergency, a threat of harm to public safety or similar concern).
If you elect not to have Adelphia share your name or address with non-governmental third parties with other businesses with services or products, please send an email stating your name, mailing address, subscriber Account Number to: Privacy.Policy@adelphia.net
Adelphia Privacy Policy - version 2.0 Revised December 23, 2002
