AT&T WORLDNET SERVICE AGREEMENT
Effective Date - March 2007
Notice Regarding Standard AT&T Worldnet Service
Agreement
Index to Service Agreement
- Acceptance of Terms
- Key Terms
- AT&T-Quality Customer Care
- AT&T's Online Privacy Policy
- Legal Conditions
- Requirements Regarding E-mail I.D., Start Page, Eligibility and Payment
- Our Rights and the Rights of Others
- ABCs of AT&T Worldnetiquette
- You're Responsible; Liability and Indemnification
1. ACCEPTANCE OF TERMS
Welcome! Thank you for choosing
AT&T Worldnet®
Service as your gateway to the Internet. We hope you enjoy
all the benefits of the
AT&T Worldnet Service Web
Site has to offer. We know you're anxious to begin using your Service,
but before you do we encourage you to familiarize yourself with our
key terms, our responsibilities, and yours.
This material, including all material reached through highlighted words
or phrases (known as "hypertext links") and information found
in the registration process, is the agreement that will apply to your
use of the
Service. Please be sure to click on
the highlighted hypertext links to view the additional terms and conditions
of this agreement. You may also read all of these terms and conditions
by continuously scrolling down through this entire document.
One more thing — from time to time we may
revise this Service Agreement, so check the Agreement
periodically by clicking on the "Terms and
Conditions" link at the bottom of the
AT&T
Worldnet Service Web Site to
stay
up to date. Your use of the Service will confirm
your agreement to these terms and conditions as
well as your acceptance of the changes we make
to the agreement. If at any time
after you
have read the Service Agreement and all of its
Components, you do not agree to be bound by
the Service Agreement you should immediately exit
registration or end your use of the Service,
cancel
your account, and return or destroy all copies
of software provided by AT&T, including any
third-party Software distributed by AT&T.
Thank you again for relying on AT&T.
Our Responsibilities
We agree to:
Your Responsibilities
You agree to:
2. KEY TERMS
"AT&T Worldnet
Service"/"Service"
The value-added Internet access service known
as
AT&T Worldnet Service, including
all Software, downloadable materials, and other
information that relates to
AT&T Worldnet
Service and the
AT&T Worldnet
Web Site.
"Software"
Any Software — AT&T or third-party owned
— that relates to your use of the Service,
that enables the Service to function or that we
make available to you in connection with the Service.
"AT&T"/"we"/"our",
and "us"
AT&T
Worldnet Service and all AT&T Inc. business
groups and affiliates authorized to provide you with the AT&T Worldnet
Service.
"Member"
A registered user of
AT&T Worldnet
Service identified in the account registration
process.
"You"/"Your"
Any member or other person or entity using the
Service or any part of the Service, including
but not limited to, using the
AT&T
Worldnet Web Site and the information or features
offered in or through the
AT&T Worldnet
Web Site.
"Third Parties who contribute to the Service"
AT&T's officers, directors, employees, agents, licensors, suppliers,
distributors, and any third-party distributors of the Service or Software
or third-party information providers to the Service (including any third
party sponsoring a Web Site that AT&T by agreement establishes as
a default home page for a member or otherwise provides a hyperlink to
from the Service)
"Stay up to date"
To keep you informed of changes to this agreement,
we'll notify you by posting the updated form of
this agreement on the
AT&T Worldnet
Web Site, or by e-mail, by U.S. mail, or by posting
a message to some area of the Service.
3. AT&T-QUALITY CUSTOMER CARE
a. Account Maintenance. If you are a
member and you have any questions, need to resolve problems with your
Service, believe someone is using your account improperly, or wish to
update the information you gave during registration, you may contact
our customer service department (
AT&T Worldnet
Customer Care) by the following methods:
- Online Help
- Use the
AT&T Worldnet Help Web pages at http://help.att.net.
From this site, you can access various aspects of online support
including Account Assistance and Technical Support.
- Use the
Member Services Web Site at https://memberservices.att.net.
- Mail
AT&T Global Imaging Center
ATTN: AT&T Worldnet
P.O. Box 16795
Mesa, AZ 85211-6795
- Phone
Call us at 1 800 400-1447
b. Your Cancellation of Services.
You may cancel your
AT&T Worldnet Service
using any one of the following methods:
- Online
Go to:https://memberservices.att.net/ and follow
the instructions.
- Fax*
Send the request to 1 800 972-1126.
- Mail*
Send a letter to:
AT&T Global Imaging Center
ATTN: AT&T Worldnet
P.O. Box 16795
Mesa, AZ 85211-6795
- Phone
You can call us at 1 800 400-1447 and follow the prompts.
* For all fax and written cancellation requests,
please include the following information for security
purposes:
- Your full name
- Your home telephone number
- Your e-mail I.D. (example: yourname@Worldnet.att.net
or yourname@att.net)
- The last five (5) digits of the credit card
you use to pay for AT&T Worldnet
Service with the expiration date.
- And, if your AT&T Worldnet Service
is billed with your AT&T Residential Long
Distance Service, please include the account
number that begins with the letter “P”.
If your AT&T Worldnet Service is billed
to a credit card, you do not need to include
your account number.
c. Technical Support. If you are a member
and have questions about the use of the Service
or need help resolving a problem with your Service
you may use the following for assistance:
- Online
- Visit our AT&T Worldnet
Service Help Web pages at: http://help.att.net/
From this site, you can access online support including Account Assistance.
- You can chat with an agent at
http://helpchat.att.net.
The AT&T Worldnet Service Help newsgroups are public bulletin boards
and are an excellent place to get help. The AT&T Worldnet Service
newsgroups offer help that may not be covered by other support options. Topics like Personal
Web Pages, Linux, Home Networking, and E-mail spam are supported via the Help newsgroups.
For a complete listing of our help newsgroups visit:
http://help.att.net/care/index/newsgroups_list.html.
- The AT&T Worldnet
User’s Reference desk (aka WURD) is dedicated to
providing AT&T Worldnet members the very best information available
about AT&T Worldnet Service and how to use third-party software. Visit
the WURD site at http://www.wurd.com.
- Phone
You can call us at 1 800 400-1447 and follow the prompts.
- Mail
While we encourage you to use one of the methods described above to reach us, you may
also communicate with us by sending a first class, postage paid letter via courier or
US mail to:
AT&T Global Imaging Center
ATTN: AT&T Worldnet
P.O. Box 16795
Mesa, AZ 85211-6795
d. E Mail Opt Out. Members who
do not wish to receive future marketing information
from
AT&T Worldnet Service
by e-mail may remove themselves from the marketing
information mailing list by submitting their e-mail
I.D. at https://wmdb.website.att.net/removeme
or by writing to the mailing address below:
Attn: Email Customer Service
AT&T Worldnet Service
4 Sperry Road
Fairfield, NJ 07004
AT&T Worldnet Service reserves
the right to contact members with other important
and general notices when necessary. For more information
about AT&T Privacy Policy, please visit
http://www.att.com/privacy.
e. Other Communications. While
we encourage you to use one of the methods described
above to reach us, you may also communicate with
us by sending a first class, postage paid letter
via courier or US mail to:
AT&T Global Imaging Center
ATTN: AT&T Worldnet
P.O. Box 16795
Mesa, AZ 85211-6795
California residents with complaints may also contact:
State of California, Department of Consumer Affairs
Division of Consumer Services, Complaint Assistance Unit
P.O. Box 942507
Sacramento, CA 94258-0507
Phone: 1 800 952-5210
4. AT&T's ONLINE PRIVACY POLICY
As an
AT&T Worldnet Service member,
you give us information about yourself that we
use to conduct our daily business with you.
With AT&T's Online Privacy Policy, we
want to assure our members that we keep such customer-identifiable
information as confidential as possible. To view
AT&T's Online Privacy Policy
go to
http://www.att.com/privacy.
5. LEGAL CONDITIONS
There is a wide variety and quantity of information
available through the Internet using
AT&T
Worldnet Service. While we hope you'll take
full advantage of the Internet, please note that
we don't have control over most of what's accessible
through the Service — in other words,
you're
responsible for protecting yourself from
harmful or inaccurate information.
In the event that a legal dispute arises concerning
this Agreement, please be aware that these rules
apply:
DISPUTE RESOLUTION. IT IS IMPORTANT THAT
YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION
PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL
AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR
INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH
A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS
TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY
AGENCY.
a. Binding Arbitration. The arbitration
process established by this section is governed
by the Federal Arbitration Act ("FAA"),
9 U.S.C. §§ 1-16. You have the right
to take any dispute that qualifies to small claims
court rather than arbitration. All other disputes
arising out of or related to this Agreement (whether
based in contract, tort, statute, fraud, misrepresentation
or any other legal or equitable theory) must be
resolved by final and binding arbitration. This
includes any dispute based on any product, service
or advertising having a connection with this Agreement
and any dispute not finally resolved by a small
claims court. The arbitration will be conducted
by one arbitrator using the procedures described
by this Section. If any portion of this Dispute
Resolution Section is determined to be unenforceable,
then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted
in accordance with the American Arbitration Association's
("AAA") Supplementary Procedures for
Consumer-Related Disputes, as modified by this
Agreement, which are in effect on the date a dispute
is submitted to the AAA. You have the right to
be represented by counsel in arbitration. In conducting
the arbitration and making any award, the arbitrator
shall be bound by and strictly enforce the terms
of this Agreement and may not limit, expand, or
otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT,
OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER
PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE
ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED
BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES
OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES
ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND
AT&T BOTH WAIVE ANY CLAIMS FOR AN AWARD OF
DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
b. Arbitration Information and Filing Procedures. Before you
take a dispute to arbitration or to small claims court, you must first
contact our customer account representatives at the customer service
number on your AT&T bill for the Services, or write to us at AT&T,
P.O. Box 944078, Maitland, Florida 32794-4078, and give us an opportunity
to resolve the dispute. Similarly, before AT&T takes a dispute to
arbitration, we must first attempt to resolve it by contacting you.
If the dispute cannot be satisfactorily resolved within sixty days from
the date you or AT&T is notified by the other of a dispute, then
either party may then contact the AAA in writing at AAA Service Center,
134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration
of the dispute. Information about the arbitration process and the AAA's
Arbitration Rules and its fees are available from the AAA on the Internet
at
www.adr.org http://www.adr.org/,
or by contacting us at
http://www.serviceguide.att.com/ACS/ext/index.cfm
or AT&T, P.O. Box 944078, Maitland, Florida 32794-4078. The arbitration
will be based only on the written submissions of the parties and the
documents submitted to the AAA relating to the dispute, unless either
party requests that the arbitration be conducted using the AAA's telephonic,
on-line, or in-person procedures. Additional charges may apply for these
procedures. Any in-person arbitration will be conducted at a location
that the AAA selects in the state of your primary residence. Arbitrations
under this Agreement shall be confidential as permitted by federal law.
By notifying AT&T within twenty days after commencing an arbitration
proceeding, you may elect to relieve both parties to the arbitration
of confidentiality obligations.
c. Fees and Expenses of Arbitration.
You must pay the applicable AAA filing fee when
you submit your written request for arbitration
to the AAA. The AAA's filing fee and administrative
expenses for a document arbitration will be allocated
according to the AAA's Rules, except as stated
herein, for claims of less than $10,000, you will
only be obligated to pay a filing fee of $20 and
we will pay all of the AAA's other costs and fees.
For claims between $10,000 and $75,000, you will
pay a fee to the AAA of no more than $375, and
we will pay all of the AAA's other costs and fees.
If you elect an arbitration process other than
a document ("desk") or telephone arbitration,
you must pay your allocated share of any higher
administrative fees and costs for the process
you select. If you request such an alternative
process, or for claims of $10,000 or greater,
AT&T will also consider, upon receiving your
request and on a case-by-case basis, paying some
or all of the AAA's fees and expenses that you
would otherwise be allocated under the AAA's rules.
You also may ask the AAA about the availability
of a pro bono arbitrator and/or a waiver or deferment
of fees and expenses from the AAA; more information
about the AAA's rules and policies is available
at the AAA's website, which is www.adr.org. Unless
applicable substantive law provides otherwise,
each party will pay its own expenses to participate
in the arbitration, including attorneys' fees
and expenses for witnesses, document production
and presentation of evidence. If you prevail before
the arbitrator, however, you may seek to recover
the AAA's fees and the expenses of the arbitrator
from us. If we prevail before the arbitrator,
and if we show that you acted in bad faith in
bringing your claim, then we may seek to recover
the AAA's fees and expenses of the arbitrator
from you.
6. REQUIREMENTS REGARDING EMAIL, START PAGE,
ELIGIBILITY, AND PAYMENT
E-mail I.D.:
During registration, we'll ask you to enter the
name or number you want as your e-mail I.D. If
the e-mail I.D. you choose is already in use,
or if we cannot accept it for any other reason,
we'll ask you to enter another, change it, or
give one to you. Upon completing the registration
process for the Service you will receive an e-mail
I.D. password and may also receive a secure word.
You are solely responsible for all use of your
AT&T Worldnet Service account
and for the security of your identification codes
and any security lock code that you use to protect
access to your data, your file name(s) and files,
network and user access, and any other information
you disseminate through use of the Service or
through other Internet services. Therefore, you
should secure your computer equipment so that
only authorized users can gain access to your
Service account. You may not transfer or permit
people outside your household to use your Service
account. You agree to (a) immediately notify AT&T
of any unauthorized use of your password or account
or any other breach of security, and (b) ensure
that you exit from your account at the end of
each session.
Start Page: (this section applies only
to i495 Offer, $10.95 Plan and AT&T Internet
Family Plan Guest Account members.)
By enrolling in the Service under the i495 Offer,
or as an AT&T Internet Family Plan Guest Account
holder, you agree that we can set your Internet
access Start Page, and if we do, you will not
be able to change the AT&T established Start Page.
Eligibility:
To become a member, you have to be at least eighteen
years old. You must register using your own name.
If you use a credit card for payment, you must
provide a credit card account number which is
issued in your name or which you are authorized
to use.
Payment:
a. You must pay all charges related to your account
(including all applicable taxes and all charges
associated with connecting to the Service through
an available access number whether imposed on
AT&T or directly on you) and provide all equipment
necessary to use your Service. AT&T shall
have the right to terminate or suspend your account
for failure to pay your bill in a timely manner.
In addition, upon advance notice, AT&T shall
have the right to terminate or suspend your account
for failure to pay AT&T for any current or
prior services you may have or had with AT&T,
including payments for late fees or any other
required additional charges. AT&T shall have
the right to use alternate means to collect unpaid
charges to your account in the event of non-payment.
AT&T Worldnet Service is billed a
month in advance. With respect to combined bill
payment, this means your first bill, which you
will receive in accordance with your AT&T
Residential Long Distance Service bill cycle,
includes your monthly AT&T Worldnet Service
charges for a one month period which starts on
the first day following the bill date of your
AT&T Residential Long Distance bill. Regardless
of payment method, partial credit is not given
to customers who change their price plan to another
price plan, disconnect, cancel or are suspended
from the service during a billing month.
Note: Unless otherwise stated, if we increase
the price of your plan, we'll notify you and allow
you to stay with your old plan for at least one
more billing cycle.
b. Method of Payment. Unless you are registered
under a plan offering a specialized payment method,
all new customers must provide a credit card account
number which is issued in your name or which you
are authorized to use when registering for the
Service. All payments shall be made pursuant to
the terms of the pricing and other information
relating to the Service, which is available during
the registration process, or on the
AT&T
Worldnet Web Site and incorporated by reference
in this Agreement, including the provisions of
the billing option you selected. You authorize
AT&T to charge any amounts payable by you
in connection with your use of the Service automatically
to the credit card you provided in the registration
process or such credit card number you provide
thereafter, subject to the terms and conditions
of the combined bill or the agreement between
you and your credit card issuer.
It is your
responsibility to update the credit card information
that you use to pay for the Service. If you
bill your use of
AT&T Worldnet Service
to your credit card, your right to use the Service
is subject to any limits established by your credit
card issuer.
If you do not update your
credit card information, AT&T may suspend
your use of the Service or at AT&T's option,
may automatically move you onto a combined bill
with your AT&T Residential phone service or
other paper bill payment arrangement. AT&T
may also make other billing options available.
If AT&T makes other billing options
available you agree to abide by terms and conditions
applicable to those options.
For those members who already receive a combined
bill and elect to pay for the Service using a
combined bill, payment of all
AT&T
Worldnet Service charges is due 20 days after
the date of your bill and must be made in U.S.
currency. Time is of the essence for payment.
Therefore, at our option, interest charges may
be added to any past due amounts at the lower
of 1.5% per month or the maximum rate allowed
by law, prorated for each day payment is past
due. Acceptance of late or partial payments (even
if marked "Paid in Full" or with other
restrictions) shall not waive any of our rights
to collect the full amount of your
AT&T
Worldnet Service charges. We may assess an
additional fee for any check returned for nonpayment.
Notice of any disputes must be in writing and
received by us within 30 days after you received
your bill or you will waive any objection. You
agree to reimburse us for reasonable attorney's
fees and any other costs associated with collecting
delinquent or dishonored payments.
In addition, if you have the combined bill option,
you authorize us to ask consumer reporting agencies
or trade references to furnish us with employment
and credit information, and you consent to our
checking and reporting personal and/or business
payment and credit history. We may require a deposit
to establish or maintain Service(s). The deposit
will be held as a partial guarantee of payment.
It cannot be used by you to pay your bill or delay
payment. Unless otherwise required by law, deposits
will earn a simple interest rate of six percent
annually. We may require you to increase your
deposit at any time to reflect your estimated
monthly charges based on actual usage or our reevaluation
of your ability to pay. Establishment of a prompt
payment record or credit may result in a partial
or total refund of the deposit to you or credit
to your account. If you default or terminate your
registration with the Service, we may, without
notice to you, apply any deposit towards payment
of charges due. After 90 days following such termination,
any remaining deposit or other credit balance
in excess of $10 will be returned without interest
to you at your last known mailing address.
c. Please note:
- Use of our 800 and 888 access numbers to
reach the Service is NOT free.
- If we change your price plan, we'll notify
you and allow you to stay with your old plan
for at least one more billing cycle.
- Access Numbers/800 and 888 Numbers/Associated
Costs. You are responsible for all amounts
charged by your telephone company or AT&T
for all charges associated with connecting to
the Service through an available access number.
You are also responsible for determining whether
or not you will incur a charge from your telephone
company for connecting to the Service using
the access numbers. Please note that an access
number that shares your area code or appears
to be located in your general geographic area
may not necessarily be a local number to you.
Access numbers that share your area code may
still result in charges to you. Please check
with your local telephone company before selecting
a number. Significant toll charges may apply
to numbers that you do not verify as local to
your individual area or calling plan.
- Monthly recurring charges are not prorated.
Partial credit is not given to customers who
change their price plan to another price plan,
disconnect, cancel or are suspended from the
service during a billing month.
- All billing functions are performed
in Greenwich Mean Time (GMT)
7. OUR RIGHTS AND THE RIGHTS OF OTHERS
AT&T Worldnet Service enables you
to contribute to and gain from a wealth of materials —
some
owned by AT&T, others
owned by third parties. In order to preserve everyone's
rights, you must:
- print and download material from the Service
for your own, non-commercial
purposes only;
- limit the number of copies
you make of Service-related materials;
- not alter any
aspect of the Service;
- comply with the terms and conditions of third
parties who provide you with materials, including
Software; and
- not deliberately or accidentally export
the Software to countries that the U.S. prohibits export to.
AT&T Worldnet Service is continuously
working to improve service for all of our members
through careful and efficient management of its
network, especially during periods of peak demand.
In order to assist us in balancing user loads,
we reserve the right to manage maximum session
length and terminate sessions that exceed the
maximum length even if you are actively using
your connection. In the event your session has
been terminated, you may immediately dial back
in to reconnect.
Owned by AT&T
All aspects of the Service are copyrighted as
a collective work under U.S. copyright laws and
are owned by AT&T — including AT&T
trademarks, service marks, and logos.
AT&T also has a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to
sublicense, to use in any way any ideas or materials
that you submit to AT&T or the Service.
Owned by third parties
Trademarks, service marks, and logos owned by
third parties remain the property of those third parties.
License
AT&T gives you a revocable, non-exclusive,
non-assignable right and license to use the Service,
in accordance with these terms and conditions.
Number of copies
Unless you have the express written consent of
the copyright owner, you are limited to making
one machine readable copy, one backup copy, and
one print copy of any AT&T-provided materials
available from the Service.
Alter
For example, you may not modify the Software in
any way, or change or delete any copyrights, trademarks,
service marks and logos on the Service. In addition,
you may not reverse assemble, reverse compile
or reverse engineer the Software.
Export the Software
The words "export" and "re-export"
mean transferring or releasing the Software to
another country or to a national of another country.
You certify that you are a U.S. citizen, U.S.
resident alien, or Canadian citizen if you've
received or installed:
- Software that carries a label restricting
its export outside the U.S. or Canada; or
- Software including the Microsoft® Internet
Explorer browser and a message in the Help/About
Internet Explorer box that the Software supports
"U.S. security"; or
- Any other Software that contains language
in or on the Software restricting its export
outside of the U.S. or Canada.
If you are not a U.S. citizen, U.S. resident
alien, or Canadian citizen and have received this
Software, please return it to us and call 1-800-WORLDNET
for an "exportable" version.
Please note that the Software is provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of Commercial Computer Software Restricted
Rights at 48 CFR 52.227-19, as applicable. The manufacturer of the AT&T
Software is AT&T Corp., 340 Mt. Kemble Avenue, Morristown, New Jersey
07962.
8. ABCs OF AT&T WORLDNETIQUETTE
To maintain an informative and valuable service,
AT&T has established the ABC's of
AT&T
Worldnetiquette. While it is not our
intent to control your online communication or
monitor its content, we may edit or remove content
that we become aware of and determine to be harmful,
offensive, or otherwise in violation of these
ABC's.
Violation of these ABC's may also
result in the termination or suspension of your
account. These ABC's apply to all content
provided to or through the Service, including
e-mail messages, newsgroup postings, chat, and
personal web pages.
Act responsibly
a. Don't use the Service to interfere
with others' use of the Service or of the Internet
in general, to conduct illegal or abusive activity,
or to submit materials that violate the rights
of others. Specifically:
- don't send messages, data, images and programs
that are libelous, defamatory, obscene, pornographic,
threatening, abusive, or hateful;
- don't send materials that contain viruses,
worms, or any other destructive elements; and
- don't interfere with or infringe the copyrights,
trademarks, logos, service marks, or confidential
information of others.
b. You may not use or attempt to use the
Service to violate its security or the security
of systems accessible through it.
c. You're responsible
for the use of your Service Account. Remember
that anyone who has unprotected access to your
computer will be able to use your Service account
freely. Therefore, you should secure your computer
equipment so that only authorized users can gain
access to your Service account.
Be fair
a. You understand and acknowledge
that the Service is intended for your periodic
and legitimately active use.
As a consumer-oriented
dial-up service it is not intended, nor is it
designed, to provide an "always on"
or "always connected" capability. In
order to make the Service available fairly to
all our members, we reserve the right to terminate
members' sessions after an extended period.
In addition, if you leave your Service idle for
a period of time we may disconnect you. You may
not take action for the purpose of defeating our
"idle timeouts" or similar mechanisms.
In the event your session has been terminated
for any reason, you may immediately dial back
in to reconnect.
b. Members may register for
multiple
AT&T Worldnet Service accounts.
Only one user may be logged into
AT&T Worldnet
Service for any single account at any time. In
the event that more than one user is logged into
an
AT&T Worldnet Service account at
any time, AT&T may terminate such account
immediately and/or charge the account holder the
full Standard price applicable to
AT&T
Worldnet Service Member Pricing (without any
discount under any
AT&T Worldnet Service
offer) for each simultaneous user.
c. You may not use your
AT&T
Worldnet Service dial-up connection to
host a dedicated Internet server site.
d. Violation of these fairness
principles may result in the termination or suspension
of your account.
e. The restrictions in paragraphs a and
b above may not apply to your use of the Service
in connection with an AT&T Worldnet
High Speed service offer via fixed wireless, cable
or digital subscriber line service.
Be honest
a. You may not resell or otherwise redistribute
the Service or profit in any other way by providing
access to others.
b. Don't allow others outside of your
household to use the Service.
c. Messages posted to our help newsgroups
must contain a valid
AT&T Worldnet
Service e-mail I.D. Anonymous postings are not allowed.
d. You must abide by the terms and conditions
applicable to your use of specific features of
the Service that may be published on the
AT&T
Worldnet Web Site, as well as terms and conditions
applicable to other products or services that
are available through the Service.
Communicate, don't inundate
a. Don't post any single message to more
than five online forums or newsgroups ("Spam
Newsgroup Postings"), and please make sure
your message doesn't deviate from the topic or
violate the rules of those forums or newsgroups.
b. Don't send: 1) a piece of unsolicited
commercial e-mail to any person; or 2) any other
unsolicited e-mail to more than 10 people if such
e-mail could reasonably be expected to provoke
complaints from its recipients (either shall be
"Unsolicited E-Mail"). Don't
engage in any of the foregoing activities by using
the service of another provider, by channeling
such activities through an
AT&T Worldnet
Service or
AT&T Worldnet Service account,
re-mailer, or otherwise through an AT&T service,
using an
AT&T Worldnet Service or
AT&T
Worldnet Service account, as a mail-drop for
responses or in any way indicating to recipients
that an
AT&T Worldnet Service or
AT&T
Worldnet Service account, was involved in
the transmission of the Unsolicited E-Mail. We
reserve the right not to deliver any outbound
e-mail, or any posting which violates the above guidelines.
A note on relay spam: Sometimes someone who is
not a member of the Service will attempt to relay
large numbers of e-mail, in bulk, off of or through
one of our servers. We reserve the right to discard
that bulk relay e-mail because it is an unauthorized
use of our Service. Any e-mail addressed to you
in care of the Service that is included may not
be delivered to you.
c. Submit promotional materials only in
areas of the Service designated for that purpose.
d. Don't submit charity requests, petitions
for signatures, or any chain mail related materials.
e. Don't engage in any of the foregoing
acts prohibited by these ABC's using another service provider.
Spam Filtering and E-mail Delivery
AT&T is committed to protecting your inbox
from spam. To do this, we may use a variety of
screening and filtering techniques. Occasionally,
legitimate e-mail sent from a server that is also
generating spam may be screened out.
There are many reasons why e-mail is not delivered
in any e-mail system, including addressing errors
and software problems, as well as spam-fighting
techniques. AT&T tries to deliver noncommercial
e-mail while preventing your mailbox and our system
resources from being overwhelmed by unsolicited
commercial e-mail. Please remember, though, that
delivery of e-mail can never be guaranteed.
If you believe you have not received an e-mail
that was sent to you, please ask the sender to
try again or to contact his or her mail system
administrator, who may be able to explain or solve
the problem. To learn more about how AT&T
protects you from spam and how you can protect
yourself, go to
http://www.att.net/features/spamcenter/.
Content; Your Conduct And Use Of The Service
a. There is a wide variety and quantity of information
available through the Internet using
AT&T
Worldnet Service. While we hope you'll take
full advantage of the Internet, please note that
we don't have control over most of what's accessible
through the Service — in other words,
you're
responsible for protecting yourself from harmful
or inaccurate information. Therefore, by registering
for and accessing the Service you understand and
agree that all information, data, text, messages,
postings, or other materials including links to
other sites ("Content"), whether publicly
posted or privately transmitted, are the sole
responsibility of the person from whom such Content
originated.
This means that you, and not AT&T,
are entirely responsible for all Content that
you upload, post, or otherwise transmit via the
Service. AT&T does not control the Content
posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of
such Content. You understand and agree that
by using the Service, you may be exposed to Content
that is offensive, indecent, sexually explicit
or objectionable. You understand that the technical
processing and transmission of the Service, including
your Content, may involve 1) transmissions over
various networks; and 2) changes to conform and
adapt to technical requirements of connecting
networks or devices; and that under no circumstances
will AT&T be liable in any way for any Content,
including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind
incurred as a result of the use of any Content
posted, or otherwise transmitted via the Service.
b. Monitoring and Removal of Content.
AT&T does not pre-screen Content, but AT&T
and its designees shall have the right (but not
the obligation) to monitor any and all traffic
routed though the Service, and in their sole discretion
to refuse, block, move or remove any Content that
is available via the Service. Without limiting
the foregoing, we shall have the right to remove
any Content that violates this Agreement or is
otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with,
the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge
that you may not rely on any Content created by
us or submitted to us.
c. Investigation of Unlawful Conduct.
AT&T cooperates fully with federal and state
enforcement officials investigating unlawful behavior
on
AT&T Worldnet Service's system,
and members are required to do the same. You acknowledge
and agree that AT&T Worldnet Service may preserve
Content and may disclose Content if required to
do so by law or in the good faith belief that
such preservation or disclosure is reasonably
necessary to: 1) comply with legal process; 2)
enforce this Agreement; 3) respond to claims that
any Content violates the rights of third-parties;
or 4) protect the rights, property or personal
safety of AT&T, its users and the public.
9. YOU'RE RESPONSIBLE; LIABILITY AND INDEMNIFICATION
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SERVICE AND OF YOUR ACCOUNT —
AT&T AND THIRD PARTIES WHO CONTRIBUTE TO THE
SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE
OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU
OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR
DUE TO YOUR USE OR INABILITY TO USE THE SERVICE.
IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU
FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SERVICE, OUR LIABILITY IS LIMITED TO
THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT
SHALL AT&T'S LIABILITY OR THE LIABILITY OF
THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED
(1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY
OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO
THE PROPERTY OR PERSON, OR (2) FOR ALL OTHER CLAIMS,
ACTIONS OR DAMAGES PERMITTED UNDER THIS AGREEMENT,
OUR SERVICE CHARGES DURING THE AFFECTED PERIOD.
AT&T AND THIRD PARTIES WHO CONTRIBUTE TO
THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES
(INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT,
AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR
ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE,
OR ANY THIRD-PARTY MATERIAL AVAILABLE THROUGH
THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE
ARE PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS — WE DO NOT WARRANT THAT THEY WILL
BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS
WILL BE CORRECTED.
FINALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND
HOLD HARMLESS AT&T AND THIRD PARTIES WHO CONTRIBUTE
TO THE SERVICE FROM ANY LOSS, DAMAGE, OR COST
(INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR
VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED
TO YOUR ACCOUNT.