bright.net Customer Agreement
Last Updated 3/13/13
Welcome to bright.net!
The following Customer Agreement (“Agreement”) is a legal agreement between You and the collective providers of bright.net Service (“bright.net”) for Your use of the bright.net portal, your Internet access, and all related Features, as that term is defined below. This Agreement also governs all use of the original account You open when You register for bright.net membership through which You obtain Internet connectivity and access to bright.net’s online services, and all sub-accounts or other accounts opened under Your original account (collectively, Your “Account”). As used in this agreement, the term “Service” shall apply collectively to your Account and to all of the services and features described herein, including the following:
The Service consists of dial-up or other Internet Access connectivity to the bright.net portal, as well as access or connectivity to any of the online resources, which may be provided by bright.net or be available from other service providers participating in or connected to bright.net’s Service, including without limitation, (1) personal Web pages available through bright.net, or (2) programs, devices, enhancements, changes, upgrades, taxes, charges, changes and any other software, firmware, or hardware installed and/or added by bright.net or third parties as part of bright.net’s server configuration or provision of Services (“Features”). Unless explicitly stated otherwise, any new or additional Features that enhance, change, configure, or reconfigure the current Service shall be subject to the terms and conditions of this Agreement and, by Your use of the Service after the installation and/or addition of such Features, You agree to be bound by this Agreement as enhanced, changed, configured, or reconfigured by such Features.
A. Dial-Up Service Internet Access Connectivity
Dial-Up access service consists of dial-up Internet Protocol (“IP”) connectivity. On public access numbers, bright.net may, at its discretion, employ various methods and/or Features, including without limitation ‘inactivity timeouts’ and session time limits, to ensure public access lines are not converted to dedicated (24×7) connections or otherwise used in violation of the terms and conditions of this Agreement. bright.net reserves the right at any time and from time-to-time to discontinue, change, and add access numbers permanently or temporarily with or without notice.
B. Broadband Internet Access Connectivity
Broadband access service consists of dedicated Internet Protocol (“IP”) connectivity (“Dedicated Connections”). On Dedicated Connections bright.net may, at its discretion, employ various access methods with limited geographical coverage areas, including without limitation wireless, DSL, ISDN, and Cable modem access methods. bright.net reserves the right at any time and from time-to-time to discontinue, change and add various types of broadband access methods permanently or temporarily with or without notice. On Dedicated Connections bright.net may, at its discretion, employ various methods and/or Features, including without limitation limited upstream and/or downstream data rates, to ensure Dedicated Connections are not converted to service provider dedicated connections or otherwise used in violation of the terms and conditions of this Agreement.
C. Additional Services/Features
bright.net, at its sole discretion, may provide to You, as a user of bright.net’s Service, additional services and/or Features without additional charge. bright.net reserves the right to add additional and/or separate charges for certain Services and/or Features. These charges may appear on Your bill from bright.net, or they may be billed to You separately by the providers of such Services or Features. Third party providers may also have additional registration or eligibility requirements in order to use their Services. You acknowledge and agree that bright.net is not responsible and shall not be liable, directly or indirectly, to You or to any third party to whom/which it is alleged You may be liable, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on, by, or through any third party provider of services and/or Features.
By accepting software provided by bright.net and/or its affiliates or related third parties, by connecting to the Internet using Your bright.net Account, and/or by accessing or using the Service in any other way, You agree to the terms and conditions contained in the then-current Agreement, which will always be posted and available at the bright.net Web site. You specifically acknowledge that bright.net may, from time to time, in its sole discretion and without notification to You, modify these Terms of Service. It is Your responsibility to apprise Yourself of any such revision or modifications each time You use the Service. If You do not agree to the terms and conditions contained in that Agreement, You must not register for or, if already a member, use the Service. In such case, You must Uninstall or remove the client software, destroy or return all associated materials to bright.net, and, if already a bright.net member, immediately terminate Your Account in accordance with the applicable provisions of this Agreement.
You can always find the most current Customer Agreement at www.bright.net/terms/index.php.
You must be a U.S. resident, at least 18 years of age and legally competent to enter into contracts to qualify for bright.net membership. If You are not 18 years old or older, You may use bright.net Services only if the account was created and registered by Your parent or guardian. When You create your Account, You must provide true, correct, and complete information, including your correct name and address. If that information changes during the term of this Agreement, You must update the information so that it remains true, correct, and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or bright.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, bright.net has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
Any screen names that You create associated with Your Account are the property of bright.net and, at bright.net’s sole discretion, expire upon the cancellation or termination of Your Account. Your screen name may not be vulgar and must not be used toward the end of impersonating any other person.
You are responsible for all activity on Your Account. This includes all activities under all screen names associated with Your Account. You must supervise any use of Your Account by another person, including minors and teen-agers. You and Your Account may be subject to disciplinary action or termination without notice if Your Account is used inappropriately, including any use that violates any term of this Agreement. Moreover, You agree to indemnify and hold harmless bright.net for losses incurred by bright.net due to someone else using Your Account or password as a result of Your failure to use due care to maintain the confidentiality of Your Account information and password.
bright.net has strict policies against the use of the bright.net network in any way in relation to the sending of unsolicited commercial e-mail. The bright.net Commercial E-mail Policy is accordingly incorporated herein by reference and forms a part of this Agreement.
You understand and agree, however, that the Services may include certain communications from bright.net such as announcements, administrative messages and the like. These communications are not considered unsolicited commercial e-mail, since You are a bright.net member and have agreed as a part of Your membership to receive them.
This Agreement is effective immediately upon the acceptance by bright.net of Your application.
This Agreement (and thus Your right to use the Service) may be terminated by You only by written notice to bright.net (via e-mail, fax or U.S. mail) on or before 5:00 p.m. EST on the 15th of the month prior to that month in which You wish the termination to take effect (e.g., to terminate effective May 1, You must give notice of termination not later than April 15). Notice of termination is effective when actually received by bright.net.
This Agreement (and thus Your right to use the Service) may be terminated by bright.net at any time with or without notice to You and with or without cause. Reasons for termination for cause may include, but not be limited to, lack of use of Your Account, nonpayment of fees, copyright infringement, and/or any other breach of this Agreement.
A. Applicable Service Rates
The rates and charges for the Service shall be as set forth in Your Acknowledgement package or otherwise in accordance with bright.net’s rate schedule as in effect from time-to-time, a copy of which will be available online on the Service or otherwise shall be provided to You upon request. Rates and charges, and other terms and conditions of the Service, are subject to change by bright.net from time-to-time by notice to You provided on the Service or otherwise.
B. Payment Of Fees
bright.net’s accounting cycle begins on the first day of each calendar month. You will be invoiced one month in advance for usage of the Service, either directly by bright.net or through Your designated credit card company. Charges for accounts that are terminated, both by You or by bright.net, are not prorated and shall be due for the entire month. You agree to pay the applicable fees as set forth on Your invoice by the due date, and to pay any interest or late fees incurred for late payment of the required fees. In the event You do not pay the fees invoiced to You by the due date, the Service will be inaccessible to You until You pay all fees owed to bright.net as well as a reconnection fee.
(A) You acknowledge and agree that You are aware that certain content, services, or locations of the Service or of other parties that may be accessible through the Service may contain material that is unsuitable for minors (persons under 18 years of age) and that bright.net does not screen or censor such content with regard to copyright, obscenity, safety, integrity, or reliability. You agree to supervise usage of the Service by any minors whom You permit to use the Service, and You agree to be responsible for the use of the Service by such minors.
(B) You acknowledge and consent that bright.net can, pursuant to a subpoena or in cooperation with law enforcement, disclose Your name(s), address(es), phone number(s), types of Services used, length of use, connection times and durations, identification of the instrument used to connect, subscriber numbers (including any temporarily assigned or dynamic network addresses), the means and source of payment(s) for the bright.net Service, and any other information or materials in bright.net’s possession that relate in any way to You, Your account, and/or Your use of the Service. You release and hold bright.net harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information.
(C) You acknowledge and consent that bright.net can, pursuant to a search warrant or subpoena issued from a court of valid jurisdiction, disclose the contents of stored e-mail resident on bright.net’s system.
(D) You acknowledge and consent that bright.net can, pursuant to certain provisions of the law, be required to produce business records, including without limitation all items identified in this paragraph, as well as other tangible items, and that bright.net may be compelled not to disclose to You the fact that such information and/or items were disclosed.
(E) You acknowledge and consent that bright.net can cooperate with law enforcement when requested to intercept and monitor the content of certain communications passing through the bright.net system.
(F) You acknowledge and consent that bright.net can, at its sole discretion in good faith, disclose contents of Your communications to the government (i.e., without a court order or subpoena) if the contents:
(1) were inadvertently obtained by bright.net and appear to pertain to the commission
of a crime;
(2) contain child pornography;
(3) are necessary for bright.net to protect its rights or property; or
(4) lead bright.net to reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the
information without delay.
You understand and agree that bright.net has certain legal and ethical responsibilities with respect to its provision of Services to You. bright.net prohibits any form of system abuse. You agree to abide at all times by the below-described policies of acceptable use. bright.net may take such actions as it deems appropriate against You for violations of these policies, including, without limitation, removing any content that violates this Agreement, terminating this Agreement and Your use of the Service, and/or cooperating with law enforcement officials by providing whatever information may be requested upon presentation by such officials of appropriate authorization from a court having jurisdiction over the subject matter or taking whatever action that bright.net is authorized to take pursuant to state or federal law. However, there is no promise or obligation on bright.net’s part to monitor or police any such activity, and bright.net will have no liability to any party for any other party’s violation of these policies.
(A) You agree that You will be the only user of Your username and password and that You will not transfer or disclose either Your username or password to any other person.
(B) You agree not to transmit or publish on or over the Service any information, software or other content that: (1) violates or infringes upon the rights of others, or could assist others in violating or infringing upon the rights of others; or (2) could assist others in violating or breaking existing laws, rules, and regulations.
(C) You agree to comply with all applicable laws, rules and regulations in connection with the Service and Your use thereof, and to cooperate with bright.net and/or law enforcement personnel when requested.
(D) You agree to abide by U.S. export control laws. You may not transfer, by electronic transmission or otherwise, any content or software that is restricted under those laws to a person, entity, or national destination prohibited thereby (currently, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof) without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to bright.net any data or software that cannot be exported without prior written government authorization and notification of bright.net, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
(E) The following forms of conduct are absolutely prohibited:
(1) uploading, posting, e-mailing or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(2) harming minors in any way;
(3) impersonating any person or entity, including, but not limited to, a bright.net official, forum leader, guide or host, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
(4) forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Service;
(5) uploading, posting, e-mailing or otherwise transmitting any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(6) uploading, posting, e-mailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(7) uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(8) uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(9) disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Service are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;
(10) interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
(11) intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(12) “stalking” or otherwise harassing another; or
(13) collecting or storing personal data about other users without their consent.
bright.net in its sole discretion may change or discontinue any or all aspects of the bright.net Services without notice, including access to support services, content, and other products or services ancillary to the bright.net Services or a bright.net membership. bright.net may also, in its sole discretion and at any time, discontinue providing the Service and/or any Feature, or any part thereof, with or without notice to You. You acknowledge that bright.net may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on bright.net’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that bright.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that bright.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that bright.net reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER BRIGHT.NET NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BRIGHT.NET OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS CUSTOMER AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER BRIGHT.NET NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICE, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL, ALSO, APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICE. YOU AGREE THAT YOU WILL NOT, IN ANY WAY, HOLD BRIGHT.NET RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM BRIGHT.NET MAY CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE). YOU EXPRESSLY ACKNOWLEDGE THAT BRIGHT.NET SHALL HAVE NO LIABILITY OF ANY KIND FOR ITS GOOD FAITH COOPERATION WITH LAW ENFORCEMENT IN RESPONSE TO PROPER REQUESTS OR, WHERE AUTHORIZED BY LAW, ON BRIGHT.NET’S OWN INITIATIVE. FINALLY, YOU AGREE THAT BRIGHT.NET WILL NOT BE LIABLE IN ANY WAY, AND RELEASE BRIGHT.NET FROM ALL LIABILITY FOR, THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY ELECTRONIC COMMUNICATION TO OR FROM YOU.
BRIGHT.NET’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY BRIGHT.NET SHALL BE THE REPLACEMENT OF ANY BRIGHT.NET SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH BRIGHT.NET IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL BRIGHT.NET’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE BRIGHT.NET SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC BRIGHT.NET SERVICE AT ISSUE.
BRIGHT.NET AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE BRIGHT.NET SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH BRIGHT.NET. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BRIGHT.NET HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BRIGHT.NET AND ITS SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY BRIGHT.NET, BRIGHT.NET AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH BRIGHT.NET AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You shall indemnify and hold harmless bright.net and any of its underlying service providers, information providers, licensors, licensees, employees, associated third parties, or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Your use of the Service, or any act, error, or omission of You or any user of Your Account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; initiation or facilitation of unsolicited commercial e-mail or “spam,” whether through the bright.net Service or otherwise; fraud or deceptive trade practices; unauthorized use of or access to the bright.net or other computer system or systems; violation of any applicable law, rule, or regulation; or failure to cooperate with bright.net or law enforcement personnel when requested.
A. Your Intellectual Property
You retain any copyright, trademark, patent or other intellectual property rights in the material or the products, services, processes or technology created by You and posted or uploaded to the Service. bright.net reserves the right to use and/or copy such material in the day-to-day operation of its business.
B. Your Right To Use Others’ Intellectual Property – Generally
You may use, copy and distribute the materials found on the Service for internal, noncommercial, informational services only. All copies that You make of the material must bear any copyright, trademark or other proprietary notice, which pertain to the material being copied. Except as authorized in this paragraph, You are not granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by bright.net, its affiliates and/or any third party owner of such rights.
C. bright.net Name, Logos, And Intellectual Property
The bright.net company names and logos and all related product and service names, design marks and slogans are the property of bright.net or its affiliates. You are not authorized to use any bright.net name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of bright.net.
D. Your Communications With bright.net
Any feedback, data, answers, questions, comments, suggestions, ideas or the like, which You send to bright.net will be treated as being non-confidential and nonproprietary. bright.net assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. bright.net will also be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such information. bright.net may also use Your status as a subscriber to the Service for the purpose of marketing to You other bright.net products and services.
E. Access To Users’ Stored Information
From time-to-time, bright.net is called upon by a subscriber to assist with technical issues, requiring bright.net to access or review material authored, copied, stored, downloaded, uploaded, or otherwise transmitted over the bright.net system by or to the subscriber. bright.net will not provide substantive information or perform full or partial publishing or authoring in violation of the protections afforded in 47 U.S.C. 230 of the Communications Privacy Act on behalf of any subscriber, or access a subscriber’s stored or transitory e-mail or the subscriber’s bright.net hosted Web site(s), unless in accordance with the applicable provisions of the Electronic Communications Privacy Act (18 U.S.C. sections 2510-2522 and 2707-2711) or the express request in writing of the subscriber (“Subscriber Information”). Under such limited circumstances, bright.net will treat the specific Subscriber Information regarding which the subscriber has requested technical assistance from Com Net as confidential and not release such information to third parties other than bright.net’s Corporate partners, if necessary, unless required by applicable law or to protect bright.net’s interests. Under no circumstances will bright.net provide anything other than technical assistance to a subscriber, unless a specific agreement is negotiated between the parties and executed in writing.
F. Browser Software
If any Internet browser or other software has been provided to You for use with the Service, You agree to be bound by and to comply with the terms and conditions of the separate software license, which is applicable to and was provided to You along with such software. You are not allowed, without prior written permission of bright.net, to copy, modify, alter, transfer, translate, disassemble, decompile, reverse program or otherwise reverse engineer the software, sublicense, lease, or use the software in a multi-user network or multiple computer environment, or in a rental, time sharing, or computer service business, including without limitation an Internet café or kiosk.
G. Personal Web Pages
bright.net makes personal Web pages available as a licensed Feature of its bright.net Service as set forth in Your acknowledgment package. You have no ownership rights in the personal Web page. If You subscribe to this Feature, the following provisions of this paragraph shall apply (in addition to the other provisions of this Agreement):
bright.net may provide a listing/link to Your personal Web page on its bright.net service portal or other mechanisms. By subscribing to the personal Web page Feature, You authorize and grant bright.net the right to use Your name, Web site address and similar information in such listing or directory sites or applications. You may use the complete address (URL) granted to You as part of the personal Web page Feature (which may have names or marks of bright.net embedded therein) so long as You are obtaining the personal Web page Feature from bright.net hereunder, but only for the purpose of identifying the location of Your personal Web page on bright.net’s Service. Otherwise, You shall not utilize the name or any marks of bright.net or any of its affiliates in any press releases, promotional materials or other commercial manner without the express prior written approval of bright.net in each instance. If You are notified by bright.net, or any person or entity authorized by bright.net to contact users of the personal Web page service, that You must cease and desist adding to, changing, or removing material from Your personal Web page, You agree to make no such additions, changes or deletions after the time and date of notification until bright.net releases the personal Web page.
(2) Ownership And Related Rights
Ownership of all graphics, text or other information or content materials supplied or furnished by You for incorporation into or delivery through Your personal Web page shall remain with You (or the party which supplied such materials to You). Ownership of any software developed or modified by bright.net and all graphics, text or other information or content materials supplied or furnished by bright.net for incorporation into Your personal Web page, shall remain with bright.net (or the party which supplied such materials to bright.net), and may be used only while You are obtaining the personal Web page Feature from bright.net. You have no right to use the personal Web page Feature, other than the permission given You by bright.net, which can be revoked at any time. The domain name and address (URL) granted to You for use with the personal Web page Feature shall remain the property of bright.net, shall be used by You only so long as You are obtaining the personal Web page Feature from bright.net hereunder, and may be subject to change by bright.net or applicable Internet domain name registry or granting authority from time-to-time. bright.net reserves the right to approve subscriber Uniform Resource Locator (URLs) that will be used in conjunction with a bright.net registered domain name and personal Web page Feature. URLs registered using a bright.net owned domain name are not transferable by subscribers upon account termination and will be retained by bright.net. You agree that if notified by bright.net, or any person or entity authorized by bright.net to contact users of the personal Web page service, as stated above in paragraph 14(a), that You must cease and desist adding to, changing, or removing material from Your personal Web page, You agree to allow bright.net or law enforcement personnel to take possession of and operate Your personal Web page without notice to any third party, and You will not disclose or make reference in any way to this use of Your personal Web page.
You acknowledge, agree, warrant and represent:
(a) that the primary function of bright.net’s personal Web page Feature as it relates to Your personal Web page is to facilitate access by end users to the information provided through Your personal Web page;
(b) that bright.net has no proprietary, financial, or other interest in any of the content or information that may be described in or made available through Your personal Web page;
(c) that You are solely responsible for the content, quality, performance, and all other aspects of the information or other content contained in or provided through Your personal Web page; and
(d) that You will own or have the right to use and offer all such information or other content in the manner in which the same will be used, offered or provided in connection with Your personal Web page prior to posting it on Your personal Web page. You shall indemnify and hold harmless bright.net from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Your personal Web page or an end user’s use thereof, or any act, error, or omission of Yours in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; fraud or deceptive trade practices; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any applicable law, rule, or regulation.
H. bright.net Copyright Policy
The bright.net Copyright Policy is a part of this Agreement and is incorporated herein by reference.
If bright.net has reasonable suspicion that your account has been used for possible copyright infringement (i.e. uploading, downloading, or sharing any copyrighted movies, songs, videos, documents or any other media without the permission of the copyright holder), or if bright.net receives a notification that your account has been used in such a manner, bright.net reserves the right to temporarily suspend or otherwise restrict your access to the account. This suspension will continue until you have remedied the condition that resulted in the account suspension and have contacted us regarding the remedy and your continued use of the account.
All product and service marks contained on or associated with the Service that are not bright.net marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply bright.net’s endorsement, sponsorship. or recommendation of the third party, information, product or service. Because bright.net has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, You acknowledge and agree that bright.net is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; and (3) the goods or services offered via these third-party sites. Accordingly, You acknowledge and agree that bright.net shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Web sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
You are responsible for obtaining and maintaining at Your expense all equipment and services needed to access bright.net Services. If You are using bright.net’s dial-up access, You are responsible for any telephone charges You may incur by accessing bright.net Services. The use of any bright.net access number is the same as making a telephone call to that number and thus may result in additional charges on Your telephone bill depending on Your location and calling plan. The locations and area codes listed in connection with these numbers are not necessarily indicative of whether a call will be local or toll free for You. You should select Your bright.net access numbers carefully. Please call Your local phone company to ensure that the access number(s) You select will be local calls for Your calling plan. This is especially important if there have been changes in area code designations, in Your telephone service providers, or in Your calling plan. bright.net has no information on whether Your use of a particular access number will result in phone charges.
You are also responsible for any communications charges You may incur by accessing bright.net Services through a third-party network, such as a cable or wireless carrier. Your carrier may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), Web browsing and other services that require the use of airtime and wireless data services. Check with Your carrier to verify the fees that may apply to You.
A. Force Majeur
bright.net shall not be responsible for any delay in delivery or performance of any of its duties hereunder due to acts of God, acts or omissions of any telephone network or any other occurrence commonly known as force majeure, or because of bright.net’s cooperation with law enforcement.
B. Account Not Transferable
Your right to use the Service is not transferable and is subject to any limits established by bright.net, and by Your credit card company if billing is through a credit card. Moreover, You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service.
C. Limitation Of Actions
No action, regardless of form, arising out of the Service or this Agreement may be brought by You or any party claiming by, through or under You more than one year after the cause of action has arisen.
D. Governing Law And Applicable Forum
This Agreement and the Service shall be governed by the laws of the State of Ohio, without regard to its conflicts of law provisions. By using the Service, You agree that any disputes between You and bright.net shall be brought exclusively in the State of Ohio or the United States District Court for the Northern District of Ohio and consent to jurisdiction therein.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
F. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and bright.net. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
G. Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
Individual notices to you may be made via either e-mail to your primary bright.net e-mail address, regular mail, or fax.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
If You use unmetered dial-up Internet Protocol Connectivity (“UDIPC”) as Your means of connecting to bright.net, Your access to the Service shall be dependent upon the limitations of Your access network as defined below:
bright.net Dial-up Network (red network): If You access bright.net through a Local bright.net owned and operated Point-of-Presence (POP), UDIPC shall mean unlimited dial-up access usage during a calendar month, subject to the restrictions defined in paragraph 1. In addition, You shall be entitled to free roaming to other POPs on the bright.net Dial-Up Network, which are primarily located in Ohio, as such may be designated, added, or subtracted from time-to-time by bright.net in its sole discretion.
Global Access Dial-Up Network(s) (blue, orange and yellow networks): If You access bright.net through a Global Access owned and operated Point-of-Presence (POP), You shall be allowed UDIPC access up to a specified maximum limit for dial-up access usage during a calendar month, subject to the restrictions defined in paragraph 1. In addition, You shall be entitled to free roaming to other POPs on the same Global Access Network (same color network) that are available throughout the world as well as roaming access on the bright.net Dial-Up Network, as such may be designated, added, or subtracted from time- to-time by bright.net in its sole discretion.
Global Access Networks Monthly Usage Limit
Yellow Network 300 Hours Max. per Month
Blue Network 200 Hours Max. per Month
Orange Network 200 Hours Max. per Month
Local Access Versus Roaming Access: At any time when less than 50% of Your monthly dial-up access usage is from the local access POP indicated at the time of sign-up, bright.net reserves the right to evaluate Your roaming dial-up access usage and reassign You to the Access Network and/or Local Access POP being used for a majority of Your online access time.
Customer Agreement Unaffected: Unless specifically stated herein, Your Agreement with bright.net is not changed, modified, or altered in any way by Your choice of UDIPC or any actions taken hereunder by bright.net.
Additional information relevant to Your specific account, including additional billing and payment information for the Services provided by the bright.net family of companies, shall be set forth on the Web site listed below for Your particular Internet service provider. Please go to the relevant Web site for further information regarding Your technical support, billing and payment information for Your Services.