Andrew's Communications Ltd. ("ACL") is pleased to provide its People's Telecoms Company Ltd (PTC) high-speed Internet access (the "PTC Online Service(s)") to you in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions of Service, ACL Internet Product Acceptable Use Policy and the ACL Customer Privacy Notice, as they may be changed from time to time.
Subscriber's use of the PTC Online Service(s) shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any user who does not agree to be bound by these terms should immediately stop their use of the PTC Online Service and notify the ACL Customer Service Department to terminate the account. This is a legal document.
- Subscriber or User: Each member of your household and any other individual who uses the Computer and PTC Online irrespective of the individual in whose name the account is in or who owns, rents or uses the premises on which the Computer is located.
- Computer: An electronic device that includes networking equipment including but not limited to routers, firewalls, switches surveillance systems that can store, receive and process data and which has the minimum requirements necessary to operate PTC Online as outlined in the consumer informational literature provided by ACL for PTC Online.
- Dynamic Domain Name Service ("DNS"): DDNS is available to PTC Online Basic Plus and PTC Online Premium Subscribers and is a service that maps internet domain name to changing IP addresses.
- Equipment: All equipment owned by PTC delivered to and installed in Subscriber's home, including but not limited to all cable wire, the Modem (unless purchased separately), routers, and certain software necessary to receive PTC Online Service.
- Modem: A device that converts and transmits computer data over cable lines.
- People's Telecoms Company Ltd: An electronic two way online information and communication service of Andrew's Communication Ltd (which includes proprietary products of PTC Online as well as Internet access) which is delivered over the air WiFi/WiMax system and accessed via the customer premises equipment and or aÂ modem to a computer. The service is provisioned with a single Dynamic IP address. The address will change periodically and without prior notification.
- PTC Online Basic Plus: An enhanced electronic two way online information and communication service of PTC (which may include proprietary products of PTC Online) which is delivered over the air WiFi/WiMax system and accessed via the customer premises equipment and or a modem to a computer.
- PTC Online Premium: An enhanced electronic two way online information and communication service of PTC (which may includes proprietary products of PTC Online) which is delivered over the air WiFi/WiMax system and accessed via customer premises equipment and or a modem to a computer. PTC Online Premium offers subscribers additional features that may be provided by authorized third party providers ("Premium Third-Party Provider(s)").
- PTC Online Service(s): Collectively, PTC Online, PTC Online Basic Plus, and PTC Online Premium and all ancillary features including but not limited to PTC WiFi/WiMax, PTC Online Video Services CCTV Backhaul, PTC Online Voice (VoIP), unless otherwise noted. Any third-party providers of co-branded services offered as part of or through the PTC Online Service shall be referred to, as Third-Party Provider (s) and such term shall include all PTC Online Basic Plus and PTC Online Premium third-party providers.
- PTC Online Video Service(s): PTC Online offers Subscribers to its PTC Online Basic Plus and PTC Online Premium service access to PTC Video Service (CCTV Backhaul).
- PTC Online Voice: Unlimited digital phone service within the Turks and Caicos Islands, United States, Puerto Rico and Canada with an optional international calling plan for direct-dialed calls made from the Subscriber's authorized service location to locations out of the United States, Puerto Rico and Canada.
- PTC WiFi: WiFi/WiMax Internet access made available to Subscribers of PTC Online.
2. Services Provided:
The PTC Online Service provides Internet access, as well as access to certain proprietary products of the PTC Online Service. Through access to the Internet, you also can subscribe to an assortment of services and transact other forms of electronic commerce. Subscriber acknowledges that Subscriber may incur charges while using the Services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings via the PTC Online Service or the Services.) All such charges owed to parties other than PTC, shall be paid by Subscriber to the Services and are not the responsibility of PTC.
3. Payment of Charges:
- PTC Charges: Subscriber will be billed monthly in advance for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for other services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber agrees to pay all undisputed monthly charges and all applicable fees as itemized on the PTC monthly bill and notify PTC of disputed items within thirty (30) days of receipt, or longer as provided by applicable law. Failure to pay charges invoiced (including checks returned for insufficient funds) may result in discontinuance of service, the removal of all Equipment and/or the imposition of late payment or service charge. If the Subscriber has more than one account (Business and/or Residential) served by PTC, all PTC provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed. Rates for the PTC Online Service, Equipment, installation and all related services hereunder are subject to change in accordance with applicable law. Subscribers may incur additional charges for using certain PTC Online Service features that are not included in the PTC monthly subscription fees.
- Third-Party Provider Charges: Subscriber authorizes that any charges including, additional fees, incurred by Subscriber billed directly by a Third-Party Provider may be charged directly to Subscriber's credit card or in the event any Third-Party Provider is unable to charge such amounts to the credit card number Subscriber has provided, Subscriber remains responsible for any such charges and agrees to pay by another means acceptable to the affected Third Party Provider.
4. Computer Equipment:
Subscriber acknowledges and agrees that it has the minimum computer and system requirements necessary to operate the PTC Online Service and/or PTC Online Basic Plus and/or PTC Online Premium as outlined in the consumer informational literature provided by PTC.
5. Disruption of Service:
In no event shall PTC be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond PTC's reasonable control. Subject to applicable law, credit with respect to Subscriber's recurring monthly subscription fee shall be given for qualifying outages of the PTC Online Service. In any event, if there is a known service interruption in excess of twenty-four (24) consecutive hours (or in excess of such lesser time period pursuant to Turks and Caicos Islands law), PTC, upon prompt notification of such failure or interruption from Subscriber, shall provide Subscriber with a pro-rata credit for charges billed by PTC relating to such failure or interruption. Credits or billing adjustments for services billed by a Third-Party Provider shall be subject to the stated billing practices of that Third-Party Provider. In no event shall PTC or any Third-Party Provider be liable for any incidental or consequential damages.
- Repair of PTC Equipment:
- PTC will repair and/or replace defective Equipment in accordance with the applicable pricing schedule, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. PTC shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve-(12-) month period, or more than three times in any twenty-four-(24-) month period, and shall have no obligation to fulfill any such repair or replacement.
- PTC is not responsible for the maintenance or repair of Subscriber's Computer, Modem (if Subscriber-owned) or related Subscriber-owned equipment. A service charge may be imposed upon the dispatch of a technician, if there is damage to PTC's Equipment due to negligent use or abuse or if no fault is discovered in PTC's system or Equipment. PTC makes no warranties with respect to the Equipment or Modem's compatibility with Subscriber provided equipment.
6. Relocating Equipment:
PTC's system is highly sophisticated and sensitive. Any "break" in the integrity of the cable system will subject the system to "ingress" of radio signals, which will disrupt your service and may affect that of others. Accordingly, Subscriber agrees that Subscriber will not relocate, move or in any way tamper with or relocate the PTC Online Service. Notwithstanding the foregoing, upon receipt of a request by Subscriber, PTC shall relocate the PTC Online Service for Subscriber at Subscriber's premises at a time mutually agreed to by PTC and Subscriber. If the Subscriber moves premises, Subscriber shall notify PTC. In all cases, Subscriber shall notify PTC pursuant to Section 8 below. Subscriber may incur a charge for such relocation and should consult a current PTC Online schedule of rates and charges prior to requesting such relocation.
7. Contact Address:
For any inquiries or notices required in connection with this Agreement, Subscriber shall contact People's Telecoms Company Ltd by writing to:
People's Telecoms Company Ltd
Stubbs Diamond Plaza
Lower Bight, Providenciales, Turks and Caicos Islands
or alternatively by calling PTC at: (649)941-8006.
8. Subscriber Property:
PTC assumes no responsibility and shall have no liability for the condition or repair of any Subscriber provided equipment, and/or software. Subscriber is responsible for the repair and maintenance of all such Subscriber provided equipment and software. PTC is not responsible or liable for any loss or impairment of PTC's Service due in whole or in part to a malfunction, defects or otherwise caused by Subscriber-provided equipment and/or software.
- People's Telecoms Company Ltd Rights:
- PTC has no obligation to monitor PTC Online Service content. However, Subscriber acknowledges and agrees that PTC has the right to monitor content and your use of the PTC Online Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate PTC Online Service properly, including, but not limited to, monitoring of a Subscriber's access to certain content provided by PTC and/or Third-Party Providers, or to protect itself, its Subscribers or any Third-Party Providers.
- Third-Party Providers may monitor Subscriber activity. When using an PTC Online Service provided by a Third-Party Provider, Subscriber is responsible for reviewing any Terms of Service or similar agreement as posted on the Third-Party Provider website which, to the extent not inconsistent with the provisions of this Agreement, shall bind the Subscriber. In the event of a conflict between this Agreement and any Third-Party Provider Terms of Service, Acceptable Use Policy or any other agreements or restrictions, the provisions of this Agreement shall govern.
9. Access to Subscriber Premises:
Subscriber authorizes PTC and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, maintain, inspect, and/or repair the Equipment, and upon the termination of the Service, to remove the same from the premises. PTC's failure to remove its Equipment shall not be deemed an abandonment thereof.
10. Assignment or Transfer:
The Agreement and the Equipment supplied by PTC are not assignable or otherwise transferable by Subscriber without specific written authorization from PTC.
11. Termination and Expiration:
- Termination by Subscriber: Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring service, Subscribers must call PTC Online at the number listed in Section 8 above, or provide a hardcopy written notice of termination to PTC Online delivered to the address listed in Section 8 above. Termination of a service offered for a separate charge billed directly by a Third-Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Subscriber and the Third-Party Provider.
- Termination for Bankruptcy: PTC shall have the right to terminate this Agreement immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
- Termination for Breach:In the event of any breach of this Agreement by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of PTC, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using the PTC Online Service, this Agreement may be, at PTC's option, terminated and PTC's Equipment removed. Failure of PTC to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to PTC in the event that PTC shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. PTC may terminate this Agreement or PTC or any Third-Party Provider may reject an application or block access to or use of any component of the PTC Online Service for any reason including, but not limited to, if
- Subscriber violated this Agreement as to this or another account of PTC or any Third-Party Provider of services or products,
- the information required in the registration process is or becomes incorrect, absent or incomplete,
- Subscriber's credit card issuer refuses a charge or any other payment method fails to compensate PTC or a Third-Party Provider,
- a violation, as determined in the sole discretion of either PTC or a Third-Party Provider, of the Terms of Service, Acceptable Use Policy or similar provisions or agreements with respect to any service, or
- the amount of technical support required to be provided to Subscriber is excessive in the sole judgment of PTC or an affected Third-Party Provider.
Subscriber further agrees that in the event of termination pursuant to subsections (b) or (c), PTC and all Third-Party Providers shall have no liability to Subscriber.
- Obligations Upon Termination:The Subscriber agrees that upon termination of this Agreement:
- Subject to 13(a), Subscriber will pay PTC in full for Subscriber's use of the Equipment and the Services up to the later of the effective date of termination of this Agreement and the date on which the PTC Online Service has been disconnected. The Subscriber agrees to pay PTC on a pro-rated basis for any use by the Subscriber of the PTC Online Service for a part of a month;
- Subscriber will promptly return all Equipment to PTC. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of this Agreement, Subscriber shall be liable to PTC in accordance with PTC's then current schedule of charges for non-returned Equipment.
- Effects of Termination:
- The termination of this Agreement for reasons other than Subscriber's bankruptcy shall not affect Subscriber's PTC television service.
- Should there be a termination or downgrade of PTC Online Basic Plus or PTC Online Premium, Subscribers will be provided with instructions pertaining to the transition from PTC Online Basic Plus or PTC Online Premium, respectively.
12. Renewal after Cancellation or Termination:
Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of PTC Online Service, Subscriber shall be subject to the pricing, warranties, and terms of PTC Online Service as are effective at the time of such renewal.
13. Change In PTC Online Service:
The PTC Online Service provided hereunder is subject to change in accordance with applicable law.
PTC assumes no liability for and exercises no control over the content contained in the Internet, the Services or the content of the PTC Online Service to the extent such content is provided by any Third-Party Provider, including content that is pornographic, obscene, defamatory or otherwise inappropriate or offensive. Further, PTC shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the PTC Online Service, or the Services unless such products, merchandise or prizes are provided directly by PTC. Subscriber agrees that PTC is not liable for any action or inaction with respect to any such content accessible through the Internet, the Services or the content provided by any Third-Party Provider.
15. PTC Online Network:
The PTC Online Service utilizes a network that will allow bi-directional direct access to the Internet, i.e. Subscribers can directly access and respond to direct requests from Internet users outside the PTC Online Service network. The Network is not intended to protect Subscribers from hackers, computer viruses or malicious codes gaining access to their Computer and as such, Subscribers should not rely on it to provide such functions. PTC and Third-Party Providers shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to damage to the Subscriber or the Subscriber's Computer resulting from the actions of any other third party including, without limitation, downloaded software, hackers or computer viruses regardless of delivery method for example, but not limited to delivery by email, instant messenger, chat, newsgroups, disc, CD, or DVD.
16. Limitation of Liability:
- Subscriber expressly agrees that the use of PTC Online Services, software and Equipment, including that provided by Third-Party Providers, as well as the purchase, download, or use of any third-party service or product provided by or accessed through PTC Online Service, is at Subscriber's sole risk and Subscriber acknowledges that this service and these materials are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied. Neither PTC nor any third-party provider of services or products, including but not limited to any Third-Party Provider, makes any representations or warranties with respect to any product or service offered through the PTC Online Service or the Services, and PTC shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services.
- Unless otherwise specifically provided in this Agreement, PTC and any Third-Party Provider will not be liable to the Subscriber or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of PTC Online Service or provided third party services by the Subscriber or any other use of the Services including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use of the PTC Online Service or the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the PTC Online Service or the Services; and any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the PTC Online Service or the Services by the Subscriber or a third party infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of PTC, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against PTC in contract, tort or any other legal doctrine.
- PTC also does not guarantee continuous, uninterrupted or secure access to the Internet. PTC does not warrant that service will be available on a specified date or time or that the network will have the capacity to meet your demand during specific hours. Further, PTC does not guarantee or warrant any particular speed of connection. In addition, PTC expressly disclaims any and all liability arising from or relating to any failure to provide adequate bandwidth to any Subscriber. Access to the network cannot be guaranteed, and you may be unable to access the network at any time, and disconnections from the network may occur from time to time. In no event shall PTC have any liability arising from the reliability, ability or inability to connect to the Internet, or any other claim, loss, expense, fee or damage arising directly or indirectly from Subscriber's use of PTC WiFi/WiMax or any component thereof.
17. Multiple Users:
Subscriber acknowledges that by "clicking" the Acceptance icon below and/or by using the PTC Online Service, Subscriber is agreeing to the terms and conditions of this Agreement on behalf of all persons who use the PTC Online Service or the Services through Subscriber's Computer or other devices. Subscriber shall be responsible for ensuring that all Subscribers understand and comply with the terms and conditions of this Agreement. Subscriber acknowledges and agrees that the Subscriber is responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the PTC Online Service or Services.
18. Acceptable Use Policy:
Subscriber shall comply with all of PTC's standards for acceptable use with respect to the PTC Online Service and the Services and shall refrain from any and all illegal and/or inappropriate activities, including without limitation as outlined in the Acceptable Use Policy. The PTC Internet Product Acceptable Use Policy will be updated from time to time and the latest version will supersede all prior versions.
19. Additional Restrictions:
In addition to the prohibitions outlined in the Acceptable Use Policy, the following restrictions apply:
- PTC Online:
- Users may not register or point a domain, sub-domain, or hostname to any PTC Online IP address. Moreover, Users may not have traffic redirected to the PTC Online Service;
- Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of PTC. For example, Subscriber may not provide Internet access to others through PTC WiFi/WiMax, a dial up connection, wireless access or host shell accounts over the Internet, provide e-mail or news service, or send a news feed.
- Users may not copy, distribute or sublicense any software provided by PTC, except that Subscriber may make one copy of each software program for back up or archival purposes only;
- PTC Online Basic Plus and PTC Online Premium:
- Users who opt to run a webserver must do so on port 80 only. Webservers running on any other port will be deemed a violation of these terms.
- Similarly, users who opt to run a mailserver (SMTP) must do so on port 25 only. Mailservers running on any other port will be deemed a violation of these terms.
- Users opting to run web or mail servers are expected to secure those services and maintain the security of those services on an ongoing basis. Mailservers are to be configured against open relay and third party exploitation.
- Users may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of PTC. For example, Subscriber may not provide Internet access to others through PTC WiFi/WiMax, a dial up connection, wireless access or host shell accounts over the Internet, provide e-mail or news service, or send a news feed.
- Users may not copy, distribute or sublicense any software provided by PTC, except that Subscriber may make one copy of each software program for back up or archival purposes only.
20. End User Licenses:
Subscriber agrees to comply with the terms and conditions of all end user license agreements relative to the PTC Online Service, the Services and any service provided by a Third-Party Provider which Subscriber accesses pursuant to the terms of this Agreement. All such agreements are incorporated in this Agreement by reference. Title and intellectual property rights to the Services are owned by PTC or any third-party provider of service or products, or otherwise by the owners of such material and are protected by copyright laws and treaties. The reverse engineering of software, copying, distribution, reselling or publication of any part of the PTC Online Service, the Services or any service provide by a Third-Party Provider without the written consent of PTC, an applicable third-party provider of service or products, and/or other owner of such material is prohibited.
21. Backup Requirements:
The Subscriber agrees to back up all existing computer files by compiling them to another storage medium prior to installation of the Equipment. PTC shall have no liability whatsoever for any damage to or loss or destruction of any of Subscriber's software, files, data, or peripherals.
PTC reserves the right to run virus checks or provide Subscribers with access to virus check software. Subscriber agrees that PTC provides such technology "as is" or "as available" and acknowledges and agrees that PTC does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses.
23. PTC Shall not be Liable for:
- Eavesdropping: Any information sent by the Subscriber using the PTC Online Service is sent at the Subscriber's sole risk, and PTC shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber.
- Multiple Computer Connections: When Subscriber's Computer is connected to PTC network, it constitutes a "local" segment. All Subscriber's Ethernet traffic on this local segment will be reflected as an unencrypted form onto the network and be subject to eavesdropping, as previously described in subsection i above.
- File and Print Sharing: Subscriber understands that users outside the Subscriber's authorized service location may be able to access Subscriber's Computer. Further, some software includes capabilities that permit other users across a network such as PTC Online and the Internet to gain access to the Subscriber's Computer and to the software, files and data stored on the Computer. Subscriber acknowledges, understands and accepts full risk that when using the Computer to access files through means such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol), Subscriber may open access to Subscriber's computer to other PTC Online users and Internet users. If Subscriber chooses to make use of such applications for file retrieval, Subscriber should take the appropriate security measures. Any Subscriber who, chooses to participate in the PTC Online Service using other than a single, stand-alone Computer connected to the local segment, if and when this capability is offered or chooses to enable capabilities such as file sharing, print sharing or other capabilities that allows users to gain access to Subscriber's Computer, hereby acknowledges and agrees that the Subscriber does so at the Subscriber's own risk.
Users must adhere to the PTC Online security policies set forth in theÂ Acceptable Use Policy.
- PTC reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes but is not limited to: port blocking, e-mail virus scanning, denying e-mail from certain domains, and putting limits on bandwidth and e-mail.
- Subscriber is solely responsible for any misuse of the PTC Online Service or the Services, as well as for the security of any device you choose to connect to the PTC Online Service, including any data stored on that device, all as detailed more fully in the Acceptable Use Policy.
25. Inappropriate Content:
There may be content on the Internet or otherwise available through the PTC Online Service or the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic or offensive, particularly for children. Neither PTC nor any Third-Party Providers can assume any responsibility for the content contained on the Internet or otherwise available through the Services. Subscriber must assume the risk of accessing content through the Service, and neither PTC nor any Third-Party Providers shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider.
Subscriber is solely responsible for any information that Subscriber publishes or otherwise distributes using the Services, on the web or on other Internet services. Subscriber must ensure that the recipient of the content is appropriate. For example, Subscriber must take appropriate precautions to prevent minors from receiving inappropriate content. PTC and any Third-Party Providers reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
By using the PTC Online Service or the Services to publish, transmit or distribute content, a Subscriber is warranting that the content complies with this Agreement and authorizes PTC and all Third-Party Providers to reproduce, publish, distribute, and display such content worldwide.
Subscriber also agrees not to store, distribute or otherwise disseminate any material or content over the PTC Online Service in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyrights. PTC reserves the right take action at its own discretion and as required by the applicable laws, rules or regulations, or court order including but not limited to termination of a Subscriber's access to the PTC Online Service.
26. Violation of Acceptable Use Policy/Terms of Service:
PTC does not routinely monitor the activity of accounts for violation of these Terms of Service or the Acceptable Use Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our PTC Online Service.
Neither PTC nor any of its distribution affiliates has any obligation to monitor transmissions made on the PTC Online Service or the Services. However, PTC and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with these terms and conditions.
You hereby authorize PTC and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include PTC providing the username, IP address, or other identifying information about a subscriber.
Upon termination of an account, PTC is authorized to delete any files, programs, data, and e-mail messages associated with such account.
The failure of PTC or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. The terms of this Policy and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the Turks and Caicos Islands.
27. Bandwidth, Data Storage and Other Limitations:
Subscriber agrees to comply with PTC's bandwidth, and other limitations of the PTC Online Service as established and modified by PTC from time to time. Subscriber agrees that its activity will not improperly restrict, inhibit or degrade any other Subscriber's use of PTC Online Service, nor represent (in the sole judgment of PTC) an unusually large burden on the network itself. In addition, Subscriber agrees that its activity will not improperly restrict, inhibit, disrupt, degrade or impede PTC's ability to deliver and monitor PTC Online Service, backbone, network nodes, and/or other network services. PTC and any Third-Party Provider reserve the right to implement processes to manage, shape, or optimize traffic on its network.
28. Third-Party Premium Services:
PTC Online Service may offer additional third-party services to subscribers at no extra cost or for an additional fee. Subscribers agree to the following restrictions pertaining to third party services:
- In addition to the Service Terms of Service and Acceptable Use Policy, Subscriber must adhere to the third party's terms and policies to the extent such terms and policies are not inconsistent with the provisions of this Agreement or PTC's Acceptable Use Policy.
- See section 18 for the statement of PTC's and certain third-parties' liability.
- Use of included third party services is limited to Subscribers in good standing. Accounts that are not in good standing are subject to restricted or suspended access to these third party services.
- Abusive use, in PTC's sole opinion of third party services may result in corrective action as outlined in the Acceptable Use Policy.
- PTC does not represent, warrant, or covenant that installation modifications, including installing network cards or similar computer equipment, and modification of computer files such as INI, BAT, SYS, .DLL and other system configuration files will not disrupt the normal operations of the Subscriber's Computer. PTC shall have no liability whatsoever for any damage resulting from the above or other file modifications
- Upon Subscriber's request, PTC or its agents will install certain software, a Modem and associated equipment. PTC will also provide a user's manual and instructions on how to use PTC Online Service. If installed by PTC, PTC shall use reasonable efforts to install the PTC Online Service to a fully operational status.
- All installation services performed by PTC shall be subject to PTC's applicable service charges, if any.
PTC may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. PTC may notify Subscriber of any such changes to this agreement by posting notice of such changes on the PTC website, or sending notice via e-mail or postal mail. The Subscriber's continued use of the PTC Online Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using the PTC Online Service and notify PTC that Subscriber is terminating this Agreement in accordance with Section 13 of this Agreement. Additionally, this Agreement may be superseded by an PTC Online user subscription agreement subject to your approval, which shall be indicated by your use of the PTC Online service described herein.
31. Additional Terms for PTC WiFi/WiMax: