Service Order Agreement: The agreement under which all service orders are submitted to Commercial Connectivity. 10.2 Acceptable Use Policy. The Customer undertakes to ensure that all uses of the Commercial Connectivity Equipment and/or services installed on its premises («Use») are lawful and reasonable. In particular, Customer agrees that all uses by Customer or any other person («User»), whether authorized by Customer or not, comply with all applicable laws, regulations and instructions for use. Commercial Connectivity reserves the right to terminate or suspend the Services immediately and without notice and/or to remove from the Services information submitted by or to Customers or Users if Commercial Connectivity (i) determines that such use or information does not meet the requirements set forth in this Agreement, (ii) determines that such use or information compromises Commercial Connectivity`s ability to provide the Services to Customers or others, (iii) has reason to believe that such use or information may violate any law, regulation or written and electronic instructions for use, or (iv) has reason to believe that Customer`s use of the Service will adversely affect or endanger the health and/or safety of Commercial Connectivity personnel or third parties. In addition, the Services are subject to one or more Acceptable Use Policies («AUPs») that may restrict use. The AUP and other policies relating to the Services will be posted on the Commercial Connectivity website(s) under Business. Commercial Connectivity.com/customer Notices / Acceptable Use Policy (or a successor URL) or on any other website through which Customer has been notified and are incorporated by reference into this Agreement. Commercial Connectivity may update the Acceptable Use Policy from time to time, and such updates will be effective seven (7) days after the update is posted. An ISP may choose to amend arbitration in the ISP agreement to resolve issues related to the contract.

13.11 Complete understanding. The Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement. The Agreement supersedes all prior agreements, proposals, representations, representations or understandings, written or oral, regarding the Services or the rights or obligations of the parties with respect to the Services. Any prior representations, promises, inducements or intent with respect to the Services not expressly provided for in this Agreement shall be null and void. The terms and conditions contained in an order or restrictive notices or other statements regarding any form of payment are null and void and have no force or effect. Only specifically authorized representatives of Commercial Connectivity may make changes to this Agreement or the form of this Agreement. No changes to the Form or this Agreement made by a representative of Commercial Connectivity who has not been expressly authorized to make such changes shall be binding on Commercial Connectivity. A subsequent agreement between the parties regarding the Services will not be effective or binding unless signed in writing by authorized representatives of both parties. The ISP List is a database of internet service providers and other online content providers that will help you get the information you need for your case. For each ISP listed, you will find the legal contact information and instructions needed to serve subpoenas, court orders, and search warrants. As part of the IAP model, new ISP agreements must be negotiated with contractors.

The shift from an IC model to an ISP model is largely fueled by previous legal questions about whether FedEx1 operators should be classified as employees or independent contractors. 8.1 Software License. If and to the extent Customer requires use of the Licensed Software to use the Services provided as part of a Service Order, Customer shall have a personal, non-exclusive, non-transferable, limited license to use the Licensed Software only in object code and only to the extent necessary to use such Service during the Service Term. Customer may not claim ownership or interest in any Licensed Software (or derivative works or enhancements thereof), and Customer must complete all documentation reasonably required by Commercial Connectivity, including, but not limited to, end user license agreements for the Licensed Software. Commercial Connectivity and its suppliers retain ownership of the Licensed Software, and Customer is not granted any rights other than a license to use the Licensed Software under the terms expressly set forth in this Agreement. Customer agrees that: (i) it will not copy the Licensed Software (or upgrades thereto or related written materials), except for emergency backup purposes or as permitted by Commercial Connectivity`s express written consent; (ii) reverse engineer, decompile or disassemble the Licensed Software; (iii) sell, rent, license or sublicense the Licensed Software; or (iv) create, write or develop derivative software or other software based on the Licensed Software. ISPs are in a slightly different position when one of their customers abuses someone else`s brand. In this case, the ISP may well be liable under the theory of indirect trademark infringement. Similar to indirect copyright infringement, liability for indirect trademark infringement may exist if the ISP causes or contributes to someone else`s infringing conduct if it has knowledge of the other party`s infringing activities. Although such a case has not yet been analyzed by any court, one can imagine a situation where an ISP is informed of a trademark infringement on one of its client`s websites and does not respond to this notification. By analogy with the Netcom decision discussed in recent ISP copyright cases, in this case, the ISP may indeed face a trademark infringement lawsuit. 11.1 Credit Allocations.

Unless otherwise provided in a Service Level Agreement accompanying this Agreement, Commercial Connectivity will provide a prorated credit toward future payment of net recurring monthly charges (excluding one-time charges, other one-time charges, per-call charges, metered fees, regulatory fees and surcharges, taxes, and other governmental and quasi-state charges) for a service disruption. except as otherwise provided below or as otherwise required by law («Credit»). «Service Interruption» means a transmission interruption that renders the Service unusable for transmission and reception. For credit purposes, the downtime period begins when the customer reports an interruption of the service portion to Commercial Connectivity, a trouble ticket is opened, and the service is released for commercial connectivity for testing and repair. The service interruption ends when the affected part of the service has been restored and Commercial Connectivity has closed the trouble ticket. Service downtime does not include interruptions of less than thirty (30) minutes. Credits are as follows: unavailability, delay or other deterioration of the Services or any failure to achieve the objectives of the Services through commercial connectivity. The total number of credits per month must not exceed the total recurring monthly charges for the relevant service. Credits will not be granted for less than $1.00, unless required by applicable law. To be eligible, Customer must request a credit from Commercial Connectivity within 30 days of the service disruption. A few years ago, the most burning legal issue related to the Internet was defamation (a broad term that includes defamation and defamation). This was the result of two court cases involving Prodigy and CompuServe.

An ISP may reject certain requests. This is described in detail in the PSI agreement. 13.10 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party has the right, power or authority to enter into any agreement for or on behalf of the other party or to enter into or bind any obligation or liability of the other party. Nothing in this Agreement shall be construed as creating or imposing any liability arising out of any association, agency, joint venture or partnership between the parties. We know that it can be difficult to get the information you need from Internet services and other online content providers. If you need help with this, please let us know through our Support and Training Center.

We can answer your questions about submitting a legal request and help you decipher the results. 13.2 Assignment and Transfer. Neither party may assign any right, duty or obligation, in whole or in part, or any other interest under this Agreement, without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, Commercial Connectivity may assign this Agreement to interested affiliates, affiliates or successors without Customer`s consent. In addition, Commercial Connectivity may assign its rights and obligations under this Agreement in part to any party that acquires from Commercial Connectivity all or substantially all of the assets of any cable franchise in which the Services are provided to Customer. All obligations and obligations of either party under this Agreement shall be binding on all successors and assigns of that party. Nevertheless, an ISP needs to be aware of copyright theories that a party can be held liable for infringement even if it is not directly involved in the reproduction or distribution of a work.