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Terms of Service
Juno Terms of Service
This Terms and Conditions statement will explain the following regarding our Site and Service:
Please read the Juno Terms of Service carefully. Together with the Guidelines for Acceptable Use and the Privacy Statement (collectively, the Agreement), it governs your use of the services and software provided by Juno Online Services, Inc. ("Juno"), including Internet access, e-mail, Satellite, DSL and Dial Up, and other information, communication and transaction services (collectively called the "Juno Services" or Services). This Terms of Service, the Guidelines and the Privacy Statement supersede all prior communications and agreements with regard to their subject matter; the most current version of each may be found at Juno's Web site at http://help.juno.com/policies.
- Your Obligations
- Software License
- No Warranties
- For Quebec Residents Only
1.1. By completing the enrollment process to become a subscriber of the Services or by downloading, installing or using any of the Services or any software provided by Juno ("Software") other than to read this Agreement, you agree to accept the terms of the Agreement as if you had signed it. Juno may change this Agreement at any time; such changes will be effective immediately upon transmission of notice by e-mail, postal mail, posting on the Juno Web site or any other means. Each time you use the applicable Service reaffirms your acceptance of the then-current Agreement. If you do not wish to be bound by this Agreement, you must discontinue using the Services, uninstall the Software and terminate your account.
1.2. Please refer to your initial signup disclosure for specific information with respect to your service levels. Juno may discontinue or alter any service level or aspect of the Services at any time, without notice, without liability and in Juno's sole discretion.
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2. Your Obligations
2.1. You agree to provide Juno with accurate, current and complete information, to the extent required by Juno for your registration as a subscriber of any of the Services or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete. You understand that Juno relies on the information you supply and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of the Juno Services. You agree to promptly notify Juno whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date). You agree in your enrollment and in your use of the Services not to impersonate any other person or entity, and you represent that you are either 13 years of age or older, or have obtained consent to use the Services from your parent or guardian.
2.2. You are responsible and liable for any activity by any person who uses your account with the Services. Other users of your account will be bound by this Agreement as if they were you. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you will immediately change your password and notify Juno by sending e-mail to firstname.lastname@example.org.
2.3. You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Services and for any telephone charges associated with connecting to and using the Services, including without limitation any telephone charges associated with the transmission to or from your computer of any information sent by or on behalf of Juno, including without limitation information of the types specified in Section 2.4 below. Depending on the access numbers you accept or select, your location and your calling plan, connecting to the access number(s) you accept or select may cause you to incur long distance or additional charges on your telephone bill. For a list of access numbers and their locations, call 1-800-654-JUNO or visit http://help.juno.com. To find out whether you will incur any charges and, if so, the amounts of such charges, please contact your local telephone company. You are solely responsible for all telephone charges incurred by your use of the Juno Services and Juno will not reimburse you for any such charges. Certain Juno Services require, but do not include, Internet access and you are responsible for obtaining, at your own expense, such access from Juno or another provider. For purposes of this Agreement, Equipment shall mean the modem, router and/or other equipment provided by Juno for use with Juno's DSL Service and Software shall mean the software provided by Juno in connection with the Juno Services.
2.4. You expressly permit and authorize Juno and its affiliates (and such third parties as may be authorized by Juno, subject to the Privacy Statement) to furnish you, electronically when you use the Services or by any other means selected by Juno, information or materials prepared by Juno or by (or on behalf of) other entities, including advertising information, solicitations and software downloads. You acknowledge that any such information, advertisements, solicitations and downloads are an inseparable part of the Services, and you understand and agree that the furnishing of such information, advertisements, solicitations and downloads to you cannot be terminated unless the Services are also terminated. Some third parties furnishing you with advertisements and solicitations through the Services may permit you to "opt out" of receiving such communications from them, in which case you can do so by following the instructions they provide. However, Juno is not responsible for any such party's failure to comply with its own "opt out" policies, nor does Juno endorse the views or content of any third party advertisements or solicitations. All such advertisements and solicitations will be understood to be requested by you through the act of using the Services, and each time you use your account reaffirms such request. Juno's policies relating to privacy and the collection and use of subscriber information are set forth in the Privacy Statement, which forms an integral part of this Agreement. Notwithstanding the foregoing, you may elect to not receive such information from third parties at the alternate e-mail address you may have provided to Juno and, if your Juno Service is a paid service (i.e., not for free), you may indicate in your personal profile that you do not wish to receive such information from third parties at your Juno e-mail address. Please click on the following link to update your email preferences (http://account.juno.com/s/updateoptins?r=update).
2.5. You agree in using the Services to comply with Juno's Guidelines for Acceptable Use. You acknowledge that the Services are provided only for personal use by you and members of your household, and not for corporate or excessive commercial use or for use by organizations or other groups of users.
2.6. You agree that Juno may establish general practices and limits concerning use of the Services. These may include, among others, the maximum number of days that unread e-mail messages will be retained by the Services, the maximum number of e-mail messages that may be sent from or received by an account on the Services, the maximum size of any e-mail message or attachment that may be sent from or received by an account on the Services, the maximum disk space that will be allocated on Juno's servers on a subscriber's behalf, and the maximum number of times (and the maximum duration for which) a subscriber may access the applicable Service in a given period of time. The Juno e-mail service and network including, without limitation, e-mail addresses, is owned by Juno. E-mail in inactive or terminated accounts may be deleted in accordance with Juno's policies. You agree to use Juno e-mail services only to send and receive personal messages. Juno prohibits unsolicited e-mail to be sent or received through the Services, and uses a variety of techniques to eliminate or minimize e-mail or attachments that Juno believes are unsolicited, inappropriate or harmful. In doing so, Juno may block or delete e-mail or attachments sent by you or to you, even though such e-mail or attachments may not be unsolicited, inappropriate or harmful. You understand that unless otherwise specified in your service level or plan terms, Juno does not utilize anti-virus software or services to scan for viruses. If your service level or plan terms do include anti-virus software or services, you understand that that not all viruses can be detected and/or cleaned. You are responsible for any damages caused by your decision to download any e-mail or attachments.
You agree that Juno is not responsible for any e-mail or attachments that are blocked or deleted for any reason and that you have no right, and Juno has no obligation, to retrieve or access any such deleted or blocked e-mail or attachments. You further agree that Juno is not responsible for any e-mail or attachments that it fails to block or delete, even if such e-mail or attachments contain viruses or are otherwise harmful to your computer. Without limiting the generality of Juno�s rights as set forth in this Agreement, Juno reserves the right to change your e-mail address and associated member ID if, in Juno's sole discretion, it is inappropriate or infringes on the rights of a third party.
You acknowledge that Juno may implement prioritization practices in connection with accessing certain internet access Services and that your ability to establish and maintain a connection to the applicable Service may be limited, in connection with such practices or otherwise. You acknowledge that any limits Juno establishes may differ for different portions of the Services, and in particular may be set at different levels for subscribers based on factors determined in Juno's sole discretion, which may or may not include, among others, a subscriber's chosen service level, specific usage patterns, geographic location, the particular telecommunications carrier through which a connection to the Services are attempted or established, and/or a subscriber's participation in certain programs designed to generate revenues for Juno. You acknowledge that Juno may restrict, limit or require the use of third party software or services in connection with the Services. You also acknowledge that Juno reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.7 System Management and Service Performance. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Juno Services and to operate your computer. You understand that bandwidth is provided on a per-line basis, and that the speed and bandwidth available to each computer or device connected to the network may vary depending upon the number, types and configuration of computers or devices using the Juno Services and the type of use (e.g., streaming media or downloading larger files, etc.), network or Internet congestion, and/or the condition of your telephone line and the wiring inside your location, among other factors.
2.8 Monitor of Network Performance. Juno and its third party service providers may measure and monitor network performance and the performance of your Internet connection. We also will access and record information about your computer's profile and settings and the installation of software we provide in order to provide customized technical support and you agree to permit us to access and record such data for the purposes described in this Agreement. You hereby consent to Juno's monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as they relate to the Juno Services, Software, or other services which we may offer from time to time.
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3.1. You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials may be accessible to you through your use of the Services. You acknowledge that, as a matter of policy, Juno does not pre-screen such materials, but that Juno has the right (but not the obligation) to remove from its computer servers materials (including, without limitation, materials created, posted, uploaded or transmitted by you) that Juno, in its sole discretion, determines to be in violation of the Guidelines. You further acknowledge, however, that Juno does not have the capability to monitor, review, restrict, edit or remove materials made available by third parties on the Internet, and you agree that you must evaluate, and bear all risks associated with, the use of any materials, including any reliance on the accuracy, completeness, or usefulness of such materials. The fact that Juno provides a link to a particular Web page is not an indication that we endorse that site's policies or the content or products available from that particular site.
3.2. You acknowledge that materials available through the Services may be protected by copyright, trademarks, and other intellectual property rights. You agree that your use of such materials is governed by all applicable laws and regulations, and by any further restrictions placed on such materials by their owners or licensors.
Pursuant to 17 U.S.C. � 512 as amended by Title II of the Digital Millennium Copyright Act, Juno will terminate the account of and/or remove User Generated Content provided by any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Juno and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, Juno will terminate the infringing subscriber's account. Juno may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has occurred. Juno will also terminate a subscriber's account if a subscriber is deemed to be a repeat infringer. A repeat infringer is a subscriber who has been notified of infringing activity more than twice and/or has had User Generated Content removed from the Juno Site or Services more than twice. In addition, pursuant to 17 U.S.C. � 512(c), Juno has implemented procedures as set forth herein for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Juno respects the intellectual property of others, and we ask our subscribers to do the same.
If you believe that your copyright has been infringed through the use of a Juno account or the Juno Services, please contact Juno's Copyright Agent in writing at:
Anthony DeToro, Esq. - Juno Online Services, Inc.
21301 Burbank Boulevard,
Woodland Hills, CA 91367
Fax: (818) 287-3010
You must provide us with all the information requested on the attached Notification of Infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). We therefore require from you:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
- Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Juno actual knowledge of facts or circumstances from which infringing material or acts are evident.
3.3. You acknowledge that the Services may provide certain public areas (e.g. message boards, newsgroups, forums, and public mailing lists), and that Juno is a distributor (and not a publisher) of information disseminated by persons using the Services. By posting, uploading or transmitting material to any such area, you are requesting Juno and/or its partners to make such material available to others, and you are acknowledging that placing such material in a public area will result in copies of such material being transmitted to others. By posting, uploading or transmitting material to any public area, you (i) grant to Juno and/or its partners a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license (including the waiver of any moral rights) to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from, such material (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above.
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4. Software License
Except as otherwise set forth in the End User License Agreement provided with the Equipment, the following will govern your use of the Services:
4.1. Juno grants to you a personal, non-transferable, non-exclusive license to use the Software (in object code form only) as part of the Services subject to the terms and conditions of this Agreement. The Software is licensed, not sold, to you by Juno and may be used only to connect to the Services from the United States of America and such other locations as Juno may authorize.
4.2. You may copy and archive the Software, and you may distribute copies of the Software to third parties, provided that all such copies contain the same copyright notice and proprietary markings as are on the original Software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, Juno may, at any time, and in its sole discretion, prohibit your distribution or your further distribution of the Software to third parties and require you to discontinue any such activity.
4.3. You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to the Services or disabling features of the Software or Services. Except as may be permitted by Juno, you agree not to access the Services by any means other than through the interface that is provided by Juno or its partners for use in accessing the Services.
4.4. The Software includes certain cryptographic software that may be subject to any applicable export controls, including the U.S. Export Administration Act. The Software may not be exported to any country or to any foreign entity or "foreign person" to the extent prohibited under applicable government regulations. By downloading or using the Software, you are acknowledging and agreeing to the foregoing limitations on your right to export or re-export the Software, and are also representing and warranting that you are neither on any applicable government's lists of export precluded parties nor otherwise ineligible to receive software containing cryptography that is subject to any applicable export controls.
4.5. You acknowledge and agree that (i) you are not acquiring the license granted hereunder on behalf of a government agency and (ii) the license granted hereunder is not being acquired pursuant to a government contract.
4.6. You acknowledge that Juno and its suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the Software, except as expressly licensed in this Agreement. All rights in the content, information and materials accessed through use of the Software are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that Juno's suppliers are direct and intended third party beneficiaries of this Agreement.
4.7 Any Software provided for the security suite including, without limitation, Norton Anti-Virus Online and Norton Internet Security Online, is provided by Juno on behalf of a Juno supplier, and in addition to the terms and conditions of this Agreement, you are subject to the software license agreement included with such Software with respect to such Software. Notwithstanding Section 4.2, you may not make any copies of such Software nor may you distribute such Software except as expressly allowed in the included software license agreement.
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5.1. As a subscriber of the Services you are solely responsible for any charges to your account and any activities conducted through your account, including, but not limited to a) applicable taxes, b) surcharges, c) recovery fees, d) telephone charges, e) activation fees, f) installation fees, g) set-up fees, h) equipment charges, i) terminations fees, j) other nonrecurring charges, k) fees for supplemental services or features, l) and purchase made through the use of Juno Services. The taxes, fees, and other charges detailed in this paragraph a) - d) may vary on a monthly basis; any variations will be reflected in your monthly charge. By using a credit card or other payment method to pay for any billable portions of the Services, you expressly authorize Juno or its agents to charge all fees and other charges incurred in connection with your service to the credit card or other payment method you have designated, and such authorization will remain valid unless revoked by you pursuant to Section 8.2. If you use a credit card and Juno does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by Juno. Fees are non-refundable, except as otherwise provided in this Agreement, as may be disclosed in the specific pricing terms for your Service or pursuant to applicable law.
5.2 You may change your designated payment method by contacting Juno in the manner specified for that purpose on Juno's Web site or by calling the Juno customer service number (which is 1-800-654-5866 as of the date of this Agreement). Set up fees, activation fees, installation fees, other non-recurring fees, and equipment charges, if applicable, will be included in your first month�s bill. Juno reserves the right to accept other forms of payment or to modify the forms of payment it will accept. If Juno elects to authorize alternative or additional methods of payment, your designation of such a method of payment will be deemed to be an authorization to Juno to bill you, in a manner appropriate to your designated payment method, for all fees and other charges incurred in connection with your service.
5.3. Service Ready Date. Billing for your Juno Dial-Up Service will automatically begin upon registration of your service. Billing for your Juno DSL Service and Satellite Service will automatically begin on the date provisioning of your DSL Service or Satellite Service is complete ("Service Ready Date"). Please note that the Service Ready Date is not determined by the date you install and/or initially use the DSL Service or Satellite Service, but rather the date the DSL Service or Satellite Service is provided to your location by Juno�s service provider.
5.4. If Juno does not receive the amount of your account balance within 30 days of the applicable invoice date, an additional 1.5% (or the highest amount permissible by law, if less) per month of the amount outstanding may be added to your invoice as a late charge. You will be liable for all attorney and collection fees arising out of Juno's efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, you must notify Juno within 90 days after the date of the relevant account statement from your credit card issuer or financial institution or such amounts will be deemed to have been accepted by you. You agree to release Juno from any liability for any error or discrepancy that is reported to Juno after such period.
5.5. Your subscription to any billable portion of the Services will continue and renew automatically, unless terminated by Juno or until you notify Juno pursuant to Section 8.2 of your decision to terminate your subscription to a portion of the Services. Juno reserves the right at any time to change its fees and charges for use of portions of the Services, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges. Although Juno expects to provide e-mail or other notice to you prior to increasing the price you pay for the Services, Juno shall not be required to do so before making any of the changes described. You may obtain current pricing information for different service levels, as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges (i) by calling the Juno customer service number (which is 1-800-654-5866 for Dial-Up Service, DSL Service and for Satellite Service as of the date of this Agreement), (ii) through Juno's Web site, or (iii) by sending e-mail to email@example.com. Juno may modify the means of accessing rates and billing information in its sole discretion.
5.6 In addition to fees for your subscription to any billable portion of the Services, you agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Services or goods or services that you purchase through the Services.
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6. No Warranties
6.1. You agree that use of the Services is at your sole risk. You acknowledge that some of the Services may provide access to the Internet, but that the Internet is not owned, operated or managed by Juno.
6.2. With respect to information, goods and services provided or accessed on or through the Services or otherwise available on the Internet, Juno (i) has no responsibility or obligation with respect to (and does not endorse) any information, good or service, (ii) makes no warranties whatsoever (express or implied) with regard to any information, good or service (including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, safety or fitness for a particular purpose), (iii) will not be a party to a transaction between you and any other user of the Services and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. Juno does not assume liability to subscribers or others for any failure to enforce the Guidelines.
6.3. JUNO AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. JUNO DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JUNO DOES NOT WARRANT THAT JUNO SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR JUNO SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY JUNO, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
6.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL JUNO OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICES OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. JUNO'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING THE SOFTWARE THAT JUNO DEEMS TO BE DEFECTIVE OR THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, JUNO'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
The Juno DSL Service may not be available in all areas, may not be available at the rates, speeds, or bandwidth generally marketed, and some telephone lines may not qualify for Juno DSL Service even if initial testing showed that your line was qualified. Juno or its suppliers may, at any time, without notice or liability, restrict the use of Juno DSL Service or limit their time of availability in order to perform maintenance activities and to maintain session control.
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You agree to indemnify and hold harmless Juno and its affiliates and their respective officers, directors, employees and agents against any liability, damages or other expenses (including attorneys' fees and costs) arising from your use of the Services (including, without limitation, your dissemination of any information on the Services).
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8.1. Juno may terminate your access to the Services and your account at any time, for cause or for no cause, with or without written (including electronic) notice. Upon termination, you will have no right to continue to use the Services or access any stored content on the Services (and any such content will be forfeited). You acknowledge that if an account on the Services is terminated (or if you delete your account from Juno's central computers), any unread e-mail sent prior to termination (or deletion of your account) may be deleted from the Services.
8.2. You may cancel billing for your Service at any time by calling Juno's customer service number (which is 1-800-654-5866 for Juno Dial-Up Service, DSL Service, and Satellite Service as of the date of this Agreement) or by using such other means as Juno may make available from time to time, provided that you will remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this Agreement or any terms, policies, or practices of Juno in operating the Services, any content available through the Juno Services, or any change to any of the foregoing, your sole recourse is to cancel your service and uninstall the Software. Deleting your account from Juno's central computers or removing the Software from your computer will not cancel billing for your service. Activation or set-up fees paid at the initiation of your Juno Service, if any, are not refundable, except during the thirty (30) day money-back guarantee period.
8.3 Early Termination Fee. Your Service may include a minimum term commitment (see your service plan description). Your minimum term begins on the billing start date as described in the foregoing section titled "Service Ready Date". IN THE EVENT THAT YOU TERMINATE YOUR SERVICE BEFORE SATISFYING THE MINIMUM TERM COMMITMENT UNDER YOUR PLAN, THEN YOU AGREE TO PAY JUNO UPON DISCONTINUANCE OF THE SERVICE A TERMINATION FEE AS SET FORTH IN YOUR PLAN DESCRIPTION (THE "EARLY TERMINATION FEE"). In addition to any applicable Early Termination Fee, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. If you terminate Service at your location, your existing plan may not be carried over to a new location.
8.4 Money Back Guarantee. Juno may provide a thirty (30) day money back guarantee for some of the Juno Services (see your service plan description). If your plan includes a money back guarantee, your thirty (30) day money-back guarantee begins upon the date Juno begins billing you for the Juno Service as described in the previous section. During this thirty (30) day period you may cancel the Juno Service and receive a full refund of the monthly charge you have actually paid to Juno as well as any activation charges paid to Juno; provided, however, in order to receive your refund you must return all Equipment to Juno in good working condition within thirty (30) days of termination. Juno will provide you with a pre-paid mailing label and instructions for the return of your Equipment. In the event you fail to return the Equipment within thirty (30) days, you will be unable to receive your refund. Early termination fees will not apply to Juno Service terminated within the thirty (30) day money-back guarantee period. The thirty (30) day money-back guarantee does not apply to customers who change between monthly, annual, bundled or other Juno Service pricing plans. The money-back guarantee is limited to one per subscriber per address.
8.5 Regulatory Compliance. In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes Juno to believe that this Agreement may be in conflict with such rules, regulations, and orders, Juno may terminate or modify the Juno Services and/or this Agreement immediately without notice.
8.6 Events that could cause Termination of your DSL Service. Your DSL service is tied to the broadband connection into your house or building. As such, certain actions you take that impact your broadband connection could result in the termination of your DSL service. Such actions include, but are not limited to, changing your telephone service provider, changing your telephone number, or ordering a service that impacts or changes your underlying broadband connection (such as ordering cable television service from a telephone company). ANY SUCH TERMINATION WILL BE TREATED AS TERMINATION OF YOUR DSL SERVICE BY YOU AND MAY RESULT IN AN EARLY TERMINATION FEE. ADDITIONALLY, YOUR DSL SERVICE IS NOT PORTABLE. SHOULD YOU MOVE, YOU WILL NEED TO CANCEL YOUR DSL SERVICE (WHICH MAY RESULT IN AN EARLY TERMINATION FEE) AND REORDER IT.
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9.1. The failure of either you or Juno to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and Juno nor trade practice will act to modify any provision of the Agreement.
9.2. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect.
9.3. This Agreement and its enforcement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflicts-of-law principles. You consent to the exclusive jurisdiction of the state and federal courts situated in the State of New York in connection with any action arising under this Agreement or relating to the Services or Software, and to having any judgment or order from such jurisdiction recognized in any other court, tribunal or other governmental body in order to have the same enforced against you. Any cause of action brought by or on behalf of you with respect to this Agreement, the Services or Software must be commenced within one year after the claim or cause of action arose.
9.4. Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
9.5. For the purposes of this Agreement, references to including shall mean "including, without limitation," unless such language is already set forth.
9.6 Fair Access for Satellite Service. Juno's satellite Internet access service provider may assign a download threshold to each satellite Internet access service plan in order to limit the amount of data that may be continuously downloaded. The small percentage of subscribers who exceed this limit will experience a temporary reduction of speed in their satellite Internet access.
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10. For Quebec Residents Only
C'est á la demande expresse des parties que la présente convention a été rédigée en langue anglaise; the parties to this Agreement have specifically requested that it be drafted in the English language.
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Last update: 07-21-2008, v.7.7