YOU MUST READ AND ACCEPT THIS SERVICE AGREEMENT AS A CONDITION OF USING THE CURRENT INTERNET SERVICE.
1. AGREEMENT
This is an agreement (“Agreement”) between you (the "Subscriber” or “you”) and CURRENT Communications Services, LLC ("CURRENT" or “us”) to provide CURRENT Broadband® Internet service (the "Service”). By establishing an account, using CURRENT software, using a power line modem or the equipment provided by us for accessing the Service (“the Equipment”), or indicating agreement through the software or CURRENT’s Web Site, you agree to be bound by this Agreement and to use the Service in compliance with CURRENT’s Acceptable Use Policy and Terms of Use, and subject to CURRENT’s Privacy Policy, all of which can be found at www.current.net/OurPolicies. In addition, you agree that all users authorized by you to use your account to access the Service will read and be bound by this Agreement, and any references in this Agreement to you or the Subscriber include your authorized users.
2. TERM
The initial term of this Agreement is one month from the date that the Service is first provisioned and will continue on a month-to-month basis thereafter. CURRENT reserves the right to change the price of the Service at any time after the initial term upon thirty (30) days notice. CURRENT also reserves the right to change features of the Service at any time. Prices and features for the Service and other CURRENT services will be posted on our Web Site, the home page for which is www.current.net. Prices and features may also be obtained by calling 1-877-7PLUGIN.
3. SERVICE REQUIREMENTS
1. You represent and warrant that you are at least eighteen (18) years old and that you are responsible for all usage of the Service and any other services accessed through the Service on your account.
2. Any computer(s) you wish to use to access the Service must meet certain minimum requirements, which may be found on our Web Site.
3. Depending on which of the available billing options for your Service plan that you select, you may be required to provide and maintain a valid major credit card.
4. You must comply with the maximum bandwidth limitations and use restrictions for the level of CURRENT Service to which you subscribe. Using a residential account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Reselling the Service is prohibited. Additionally, your Service may limit the amount of data (“bandwidth”) that you can upload and/or download each month or may be priced according to the amount of bandwidth you use per month. Please see the limitations and restrictions associated with your particular Service by referring to the appropriate Service description included in the Acceptable Use Policy at www.current.net/OurPolicies for more information. These limitations and restrictions may also be obtained by calling 1-877-7PLUGIN. If during any month you exceed the maximum monthly bandwidth limit associated with your Service, then CURRENT may suspend your account or change your level of Service to one permitting such greater bandwidth use (as provided for in the Service description) and you agree to the standard fees CURRENT charges for such level of Service. CURRENT will provide you with thirty (30) days prior notice of any such change to your level of Service. If you do not agree to the new level of Service, CURRENT will cancel your Service.
5. You may be entitled to certain Service discounts CURRENT may offer from time to time. Such discounts may be listed on our Web Site at, or can be obtained by calling 1-877-7PLUGIN.
4. PAYMENT
You will be charged in advance a monthly charge for the Service, plus any applicable taxes and other fees. If you cancel your Service during a service month, you will not receive a refund for any unused portion of that month. Your monthly billing cycle will commence: (i) for residential accounts after you sign up for Service or (ii) for commercial accounts, when installation of your Service at your business location is complete. For all types of accounts, billing will commence whether or not you actually begin using the Service. Some Services may also include charges for hardware, shipping, activation or early cancellation as indicated on our Web Site. You must provide accurate billing information including legal name, address, telephone number, and credit card or other billing information (if a billing option other than credit card billing is available for the Service plan to which you subscribe), and report any changes to this information immediately by using our Web Site or calling 1-877-7PLUGIN. You are responsible for all charges to your account. By providing a telephone number as part of your billing information, you agree to receive calls from us at that number even if the number is assigned to a wireless phone or other service that may cause you to incur charges for incoming calls. You further agree that we may call you at such number about billing-related or service-affeting issues, even if the number you provide us is on an applicable "do not call" list.
For customers paying by credit card: If we are unable for any reason to obtain payment in full for all charges appearing on your CURRENT billing statement in any month using the credit card information you provided to us, your Service will be suspended while we attempt to resolve the problem with your billing. Your Service will be cancelled if we are unable to resolve all such problems following thirty (30) days of suspension. Credit card billing may fail for a variety of reasons, including but not limited to: if your card has been suspended, terminated or cancelled for any reason, including because it is reported as lost or stolen or as a fraud-prevention measure by your credit card company; if you have exceeded your credit limit; or if the credit card expiration date you provided to us has passed.
For customers who choose to receive paper bills (not all Service plans permit this billing option): If you choose billing and payment by paper bills and we do not receive payment in full by the due date specified on your bill, we will attempt to send you a reminder notice. Accounts with past-due balances may be suspended at CURRENT’s discretion, and may be cancelled if we do not receive payment in full within thirty (30) days following the billing due date. In addition, delinquent accounts may be directed to our Collections Department.
Questions regarding charges to an account should be directed to our Customer Service Department at 1-877-7PLUGIN. All charges will be considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for any charges unless CURRENT receives such timely written notice.
CURRENT is not responsible for any charges or expenses, such as overdrawn accounts or exceeded credit card limits that result from charges billed by CURRENT. You agree to maintain valid and current billing information on file with CURRENT at all times.
Charges will continue to accrue until an account is canceled. CURRENT may impose an additional charge to reinstate a suspended account, for late payments, or for checks or other payments that are not honored by your bank. You may be charged late fees if (i) for any reason we do not receive from you any required payment for the Service by the date on which the payment is due; or (ii) you pay less than the full amount due for all services on your CURRENT bill. The charges imposed for late payment will be the greater of five dollars ($5.00) or interest on the outstanding balance at one and one-half percent (1.5%) per month, or such lesser amount as is required by law.
You agree to pay for the Service on a timely basis. CURRENT does not extend credit to customers. Any late fees and related fees, charges, and assessments due to late payment or nonpayment are not interest, credit service charges, or finance charges. Such fees, charges, and assessments are not penalties; they are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments. These costs will be difficult to calculate or to predict at the time such late fees and related fees, charges, and assessments are set, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis; (b) if you do pay late, when you will pay; and (c) what costs we will incur because of your late payment.
If we are required to use a collection agency, attorney or other party to collect money owed by you or to recover equipment you have failed to return as required by this Agreement, you agree to pay the reasonable costs of collection or other action. These costs include but are not limited to any collection agency's fees, reasonable attorneys' fees, and arbitration or court costs.
5. YOUR ACCOUNT, PASSWORD AND SECURITY
You will select a username and password when you sign up for Service. You are responsible for keeping your account information confidential so that no one else accesses the Service through your account. You should notify CURRENT immediately upon discovering any unauthorized use of your account.
Email accounts that exceed allotted storage will be inactivated until you reduce the size of the mail being stored below the allotted storage limit for your subscribed level of Service. Any free web site provided by CURRENT that exceeds the allotted amount of disk space may be suspended until you purchase additional space or reduce the disk space usage below the allotted disk space limit for your subscribed level of Service. Email storage and web site space limits are posted on our Web Site. These limits may also be obtained by calling 1-877-7PLUGIN.
6. INSTALLATION
Service provided to residential locations is generally provisioned through Subscriber self-installation. For business locations, a CURRENT field technician must make a site visit. If you request or require installation assistance, you may call customer service at 1-877-7PLUGIN. If you require on-site installation assistance or other on-site service in your home or business, the following rules apply.
- Unless CURRENT waives such charges in connection with a promotion or other special offer, you will be responsible for all costs and scheduling associated with installation by CURRENT and its employees, agents, contractors, and representatives, as well as by any third party you use for such installation assistance.
- CURRENT has no obligation to install, support, maintain, repair or replace any computer owned by you.
- If you are not the owner of the premises where the Service will be installed, you warrant that you have obtained the consent of the owner of the premises for CURRENT and/or its agents to enter the premises to install or perform other work on the Service. You indemnify and hold CURRENT harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
- The installation, use, inspection, maintenance or repair of the Service and Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all existing computer files.
- CURRENT and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals.
- You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card).
- You acknowledge that Service is available on an address by address basis. Moving to another location will require the Service to be re-provisioned at the new address if Service is available there.
CURRENT DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR BY ANY OTHER PARTY WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, OR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, CURRENT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICE BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
CURRENT will use reasonable efforts to provide the Service. Because of the complex nature of broadband over power line service and other components of our network, it may not be possible to provide the Service to everyone. In its sole discretion, CURRENT may cancel the installation process and refund any money that you have paid. CURRENT will notify you of its intent to cancel as soon as reasonably possible. In some cases it may take thirty (30) or more days to determine if CURRENT is able to provide Service. CURRENT shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
7. SOFTWARE LICENSE
Software provided by or on behalf of CURRENT, if any, shall be licensed according to the terms and conditions of the license provided with the software.
8. WEB SITE USAGE
Our site on the World Wide Web with its home pages in the domain www.current.net or any other site operated by CURRENT (the “Web Site”) is a complimentary information service offered by CURRENT at no charge to Service subscribers and others.
Our Web Site may provide access to certain web sites or services that may impose a one-time fee or a recurring subscription charge in addition to our monthly charges for the Service ("Premium Services"). Your use of any Premium Service is governed by this Agreement, CURRENT’s Acceptable Use Policy and Terms of Use, and any other CURRENT policies applicable to your use of the Service, as well as any agreements or terms that may be specifically required as a condition of using a particular Premium Service. Unless otherwise stated, Premium Services are provided by third parties who offer services that we believe may be of interest to our subscribers; Premium Services are not controlled or operated by CURRENT, although CURRENT may provide billing or other services in connection with them.
We may provide links on our Web Site to other web sites which are not under our control. In general, any web site which has an address (or URL) which does not contain www.current.net is such a web site. These links are provided for convenience only and are not intended as an endorsement by CURRENT of the organization or individual operating the web site or a warranty of any type regarding the web site or the information on the web site.
You may provide a hypertext link to our Web Site on another web site, provided that: (a) the link must be clearly marked “CURRENT Communications”, (b) the link must direct a user clicking on it to the URL http://www.current.net and not to any other pages within the Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by CURRENT, (e) the link, when activated by a user, must display our Web Site full-screen and not within a “frame” on the linked web site, and (f) CURRENT may, in its sole discretion, revoke consent to link to our Web Site at any time. All other hypertext links to our Web Site must be approved in writing by CURRENT.
9. MONITORING THE SERVICES.
CURRENT has no obligation to monitor the Service, but may do so and disclose information regarding use of the Services for any reason if CURRENT, in its sole discretion, believes that it is reasonable to do so to satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Privacy Policy. CURRENT may immediately remove your material or information from CURRENT's servers, in whole or in part, which CURRENT, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or Terms of Use.
10. CANCELLATION
If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your only remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that may apply. CURRENT may be providing Equipment to you at no charge for your use of the Service, or may provide Equipment at a special 'upgrade' price in lieu of Equipment available at no charge. Cancellation of the Service by you within the first year following your receipt of such Equipment will not result in a charge for such Equipment, provided that you return all materials provided to you by CURRENT in the original packaging or equivalent within thirty (30) days of cancellation with all components and accessories intact and with no more than reasonable wear and tear. You bear all risk of damage, loss or theft for any Equipment that CURRENT provides or sells to you. Any equipment that you purchase or receive from CURRENT is subject to the CURRENT Communications Equipment Return Policy, which is posted at our web site at www.current.net/ourpolicies.
To cancel the Service you must call: 1-877-7PLUGIN. Cancellation will be effective at the end of the billing period in which notice of cancellation is received. Upon cancellation, email service will be terminated and all your files stored on CURRENT servers will be deleted. CURRENT may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if CURRENT, in its sole discretion, believes you have violated the Agreement, or the CURRENT Terms of Use or Acceptable Use Policy, or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service or to your billing address if different from your Service address.
11. DATA FROM INTERNET PURCHASES
You can purchase products and services and/or register to receive materials, such as a brochure, product information, etc., at many web sites. In order to do so, you will be asked to provide contact information, such as your name, address, email address, phone number, and billing information. CURRENT does not maintain this information when it is sent over CURRENT’s network and has no control over any third party's use of any personal information you provide when placing such an order. You should exercise care when doing so.
12. DISCLAIMERS
YOUR SERVICE SPEED MAY VARY DEPENDING ON LOCATION, LINE QUALITY, INSIDE WIRING, INTERNET TRAFFIC, AND OTHER FACTORS BEYOND THE CONTROL OF CURRENT. CURRENT DOES NOT GUARANTEE UPLOAD OR DOWNLOAD SPEEDS.
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH CURRENT TO YOU AT NO ADDITIONAL CHARGE. CURRENT WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO EFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION CURRENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN FROM CURRENT A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF CURRENT'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN CURRENT OR ITS AUTHORIZED DEALERS.
CURRENT RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURRENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. CURRENT MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH CURRENT OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CURRENT OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY. NEITHER CURRENT NOR ITS EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CURRENT'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING A ONE-YEAR PERIOD.
CURRENT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE; ANY MISTAKE, OMISSION, INTERRUPTION, DELETION OF FILES, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE; THE USE OF THE EQUIPMENT OR SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION OBTAINED, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED, THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF CURRENT, ITS OFFICERS, EMPLOYEES,AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION,WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST CURRENT IN CONTRACT,TORT OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE LAST DATE YOU ENTER INTO THIS AGREEMENT WITH CURRENT.
13. JURISDICTION
This Agreement is governed by the laws of the State of New York without regard to conflicts of law provisions. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by the laws of the State of New York, without regard to conflicts of law provisions, and will be held in Rochester, New York. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this Agreement. Except as may be otherwise provided by law, any action or claim you may have with respect to the Service must be commenced as herein provided within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.
14. REVISIONS
This Agreement, the CURRENT Acceptable Use Policy, Terms of Use and Privacy Policy are posted on CURRENT's Web Site and represent the entire agreement between you and CURRENT with respect to your use of the Service. CURRENT may revise, amend, or modify each Agreement as provided in that Agreement. Notice of any revision, amendment, or modification will be posted on our Web Site at www.current.net/ourpolicies or on another portion of our Web Site, or may be sent via email to your current.net email address or an alternate preferred email address which you provided to us, or via U.S. mail or overnight delivery service to your mailing address as it appears in CURRENT's records. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of CURRENT.
15. MISCELLANEOUS
If one or more provisions of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. CURRENT will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CURRENT as reflected in the original provision. The waiver by either party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. CURRENT may subcontract any work, obligations or other performance required of CURRENT under this Agreement without your consent.
Version effective: 10/16/07