Master Terms & Conditions for all AVVANTA customers and for all users of AVVANTA websites. This Master Terms & Conditions Agreement (the "Master Agreement") is applicable to customers and users ("You" or "Your") of AVVANTA COMMUNICATIONS and all other AVVANTA affiliated entities ("AVVANTA"). AVVANTA'S offices are at 12842 Interurban Ave S, Seattle, Washington 98168.
This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service or website provided by AVVANTA. If You do not agree to be bound by the terms and conditions in this Master Agreement, do not use or access AVVANTA's site or services. AVVANTA provides its services subject to Your compliance with the terms and conditions herein.
If You have a separate signed contract with AVVANTA for specific services, that contract will be controlling over and supersede any inconsistent language in this Master Agreement.
This Master Agreement may be modified or terminated by AVVANTA at any time, without prior notification to You unless a separate agreement exists between You and AVVANTA which requires advance notification or approval of such changes. You agree to abide by the terms & conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Your continued use of the services provided by AVVANTA following AVVANTA's posting of any changes to this Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use AVVANTA services or this site. Failure to abide by these terms & conditions may, at AVVANTA's option, result in the termination of any or all services AVVANTA is providing to You.
You consent to receive communications from AVVANTA by electronic mail. AVVANTA's notification email address, which must be used in any official communication with AVVANTA, is firstname.lastname@example.org. It is Your responsibility to ensure that AVVANTA has a valid email address for You on file. AVVANTA's inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will waive AVVANTA's obligation to attempt to contact You.
If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms & conditions and shall not affect the validity and enforceability of any remaining provisions.
You may not enter into this Master Agreement (and thus may not use the services provided by AVVANTA) if You are less than 18 years old.
You acknowledge that AVVANTA may attempt to assist You by phone or email with a variety of technical issues but that You are solely responsible for Your equipment and internal network and for the cost of any consultants or vendors You engage to assist You with any issues You may have with regard to Your internet services from AVVANTA.
YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO BACK UP ALL DATA AND CODE ON YOUR SERVERS AND WEBSITES. You agree that AVVANTA has no responsibility to cache or maintain email or USENET news postings sent either to or from Your account. You agree that if You use an AVVANTA spam and/or virus filtering service that (a) You release AVVANTA from any obligation to cache or maintain such email, any responsibility for errors or omissions introduced when AVVANTA's services alter or delete such email, and/or any obligation to deliver such email either to or from Your account, and (b) You understand that such services are not perfect and that the use of such services or software will reduce, but not eliminate, spam and/or virus infected email You may receive. AVVANTA has the right, but not the obligation, to monitor any activity and content associated with its sites or services. AVVANTA may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
AVVANTA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials and regulatory agencies. In order to cooperate with governmental requests, to protect AVVANTA's systems and customers, or to ensure the integrity and operation of AVVANTA's business and systems, AVVANTA may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by AVVANTA.
AVVANTA PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AVVANTA FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. AVVANTA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
IF IN CONNECTION WITH YOUR ALLEGEDLY ILLEGAL ACTIVITIES, LAW ENFORCEMENT OFFICIALS SEIZE A SERVER IN AN AVVANTA DATA CENTER THAT YOUR WEBSITE IS RUNNING ON, YOU AGREE YOU ARE LIABLE FOR ALL DAMAGES SUFFERED BY AVVANTA AND OTHER CUSTOMERS AFFECTED AS A RESULT OF SUCH SEIZURE, AND YOU AGREE THAT AVVANTA SHALL HAVE NO LIABILITY TO YOU AS A RESULT OF THAT SEIZURE.
IN NO EVENT SHALL AVVANTA BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF AVVANTA'S SITE, SERVICES OR THIS AGREEMENT. AVVANTA'S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You agree that the location for any litigation arising out of this Master Agreement or Your use of AVVANTA services will be in King County, Washington and You agree to waive all rights to request or enforce a change of such location (venue). You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive its reasonable attorney's fees and court costs from the other party.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by AVVANTA, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings ("spam"), or any material designed to discover and/or breach the security systems of AVVANTA or any third party ("hacking"), or any content known to contain a software virus or Trojan horse ("infected material"), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America ("illegal content"). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content You transmit to or through the AVVANTA system ("spoofing"). Standard network techniques such as network address translation or e-mail proxies are not considered "spoofing." You agree not to knowingly attempt to cancel, supersede or otherwise interfere with email or Usenet posts other than those You originate ("cancel bots"). You agree not to use any third party site or service to promote any AVVANTA site or service in an abusive manner ("hostile redirection"). You agree not to place or store material on AVVANTA sites or services that infringe a third party's copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets.
AVVANTA reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of AVVANTA's Acceptable Use Policies, www.avvanta.com/AcceptableUsePolicies. You acknowledge AVVANTA's right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within any AVVANTA system. You grant AVVANTA power of attorney to take all legal and technical steps to prevent the transmission of any and all email to or through any AVVANTA equipment or server that AVVANTA determines, in AVVANTA's sole discretion, to be undesirable in any way and for any reason, including, without limitation, blacklisting, unsubscribing, opting out, and/or initiating legal actions against the senders of such email.
Per the Digital Millennium Copyright Act, AVVANTA is registered with the United States Patent and Trademark Office as an online service provider. AVVANTA's designated agent for notification of infringements can be contacted through email via email@example.com. As such, AVVANTA will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, AVVANTA will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, AVVANTA will re-instate access to the alleged infringing materials.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the Internet or to any network attached to the Internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of AVVANTA's sites and services, and that of third parties connected to AVVANTA's networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
You understand and agree that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. You access such materials at Your own risk. AVVANTA has no control over and accepts no liability or responsibility whatsoever for such materials.
AVVANTA's websites contain links to other external websites that may be useful to You. AVVANTA is not responsible for the privacy practices or the content of these external websites. AVVANTA will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes long distance charges incurred by calling a long distance phone number to receive customer support or to connect to AVVANTA sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any AVVANTA site or service to any third party without first entering into a written Reseller Agreement with AVVANTA.
If You purchase services from AVVANTA in one to three month increments, no pro-ration of Your prepaid fees will be made in the event of cancellation or termination of service after the 6th day of the month. If You purchase services from AVVANTA which included a rebate or a discount for length of contract and Your service is cancelled or terminated prior to the end of that period, the discount will be revoked and You will be billed for and will be responsible for immediately paying the difference. AVVANTA reserves the right to reduce any refund by offsetting expenses AVVANTA may have occurred as a result of damages You or Your equipment may have caused. All equipment owned by AVVANTA must be promptly returned to AVVANTA when Your service ends.
All termination or cancellation notices from You must be sent to firstname.lastname@example.org, and please check Your next billing to be sure Your cancellation email was received and processed. You agree to pay when due for the valid charges for AVVANTA services and agree that such timely payment is an essential condition for AVVANTA services. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to AVVANTA within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. AVVANTA reserves the right to bill You for any item that has not been billed to You and should have been.
For all payments received more than 10 days after the Billing Date AVVANTA reserves the right to assess a late fee equal to 1.5% of the amount due.
You agree to pay for any expenses incurred by AVVANTA with a third party vendor because of erroneous personal information You have provided to AVVANTA.
You agree not to offer any AVVANTA employee a commission, gratuity or any other emolument for or in connection with the performance of that employee's duties.
Your AVVANTA services are exclusive of all other telecommunications services (the "Telco") which may be required to establish connection for You to AVVANTA, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between You and any Telco provider.
You specifically waive Your right to sue AVVANTA or ability to assign Your rights for any losses relating to this contract. If You and AVVANTA enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supersede this clause.
If AVVANTA's direct out-of-pocket circuit costs for Customer increase more than 50%, AVVANTA may request price renegotiation, and if not mutually agreeable then AVVANTA may give a 30-day notice to cancel Your service.
AVVANTA provides Internet services on the basis of reasonable availability. It may, without notice, disconnect all or part of its network from external internet connections for maintenance, equipment replacement, or for network security. You agree that AVVANTA's failure to maintain uninterrupted or continuous connection to the internet at any rate of transmission including total service outage is not cause for termination of any service agreement You may have entered into with AVVANTA, nor is it cause for reimbursement of any damages or harm that may be caused by such interruptions. You agree that You understand that the nature of the internet and the TCP/IP network protocol used by internet services defines no specific quality of service, and that packets transmitted to or from AVVANTA and/or to or from the internet may be lost in transmission, misrouted by AVVANTA equipment or the equipment of third parties, or delayed by network latency. Time is of the essence with regard to all terms and conditions in this Master Agreement.
Because of credit and other constraints, You may not transfer or assign your service with AVVANTA without the prior written consent of AVVANTA.
AVVANTA will invoice You for any governmental taxes or fees it believes are applicable to Your services. If You fail to pay any such taxes/fees that are properly billed to You, You are solely responsible for payment of any such taxes/fees and penalties or interest. You agree that if there is any tax payable by You, but which is to be collected by AVVANTA which AVVANTA does not collect for any reason, upon assessment thereof by the applicable taxing agency, and demand by AVVANTA, You will immediately remit the same to AVVANTA or the agency, as directed by AVVANTA, even if such assessment arises after the termination of your service.
The language of this Master Agreement is protected by a federal copyright, and the trademark AVVANTA is protected by both state and federal trademark registrations. Unauthorized duplication of language in this Master Agreement and unauthorized use of AVVANTA's trademark is a violation of federal laws.
In the normal course of providing your TrueRing telephone service, AVVANTA maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your customer specific "Customer Proprietary Network information," or CPNI for short. Examples include the type of line you have, service features like Touch tone and Caller ID, class of service, telephone charges, long-distance and local service billing records, directory assistance charges, and historical call records and patterns. CPNI does not include things like customer name, address, or telephone number; aggregate information or data that is not specific to a single customer; customer premises equipment; and Internet access service. Under federal law, AVVANTA has a duty to protect your CPNI from unauthorized access or disclosure.
Currently, AVVANTA does not utilize CPNI to market additional services, nor do we sell customer information to any third party. However, the Federal Communications Commission has adopted rules stating that AVVANTA may not use your CPNI to market certain telecommunications related services or features to you if you have requested that the CPNI be considered "restricted/opt-out" for this purpose. If you wish to have your CPNI "restricted/opt-out," call the AVVANTA office at (888) 662-5274 during our normal business hours. Tell us that you wish to restrict our use of your customer information. The restriction will remain in effect until you notify us otherwise. Please note that restricting your CPNI will not eliminate all of our marketing contacts with you. You could still receive marketing contacts from us that are not based on your CPNI. Also, we are permitted to use your CPNI to contact you about additional local telephone and other services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission if you contact us and ask about them. If you choose not to "restrict/opt-out" then AVVANTA is presumed to have permission, 30-days after you receive this notification, to use CPNI to market services until such time as you withdraw that permission. You may withdraw your permission at any time by contacting AVVANTA at (888) 662-5274.
If You have questions or concerns about our terms & conditions, please send an e-mail to email@example.com.
You must give AVVANTA notice of any such service interruption or claim for service credits within 30 days of the event related to the claim. Absent other contract language, issuance of service credits is at the discretion of AVVANTA.
If AVVANTA registers a domain name for You, You agree that AVVANTA will do so with the understanding that AVVANTA is not responsible for the ownership, control, or use of the domain name. In addition to fees required by AVVANTA to perform such domain registration services, You will be also responsible for all fees of the certified registrar for its domain name services. You agree to comply with the rules and procedures of the applicable domain name registries, registrars or other authorities. You represent that neither the registration nor the use of its domain name will infringe on the rights of third parties.
You agree to the terms set out at http://www.avvanta.com/hosting and agree that any domain name dispute will be resolved in accordance with ICANN's Uniform Domain Name Dispute Resolution Policy.