BY USING THE ISP SERVICE, YOU AGREE TO BE BOUND BY THIS ACCEPTABLE USE POLICY. YOUR REMEDY FOR DISSATISFACTION WITH THE ISP SERVICE IS TO STOP USING IT. YOUR AGREEMENT WITH OPERATOR REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE ISP SERVICE.
Greenlight Networks (“Operator”) seeks to create and foster an on-line community that can be used and enjoyed by all its customers across all ISPs offered by Operator. To further that goal, Operator has developed this Acceptable Use Policy. We reserve the right to change the Acceptable Use Policy from time to time with or without notice to you. The most current version will always be at www.greenlightnetworks.com. You acknowledge and agree that it is your responsibility to review the Acceptable Use Policy periodically and to be aware of any modifications. Your continued use of the ISP Service (defined below) after such modifications, or after implementation of any other new policy constitutes acknowledgement and acceptance of such change or policy and agreement to abide and be bound by the Acceptable Use Policy, as modified.
Although much of what is included here is common sense, Operator takes these issues very seriously and will enforce its rules to ensure enjoyment by all of its members. Operator may in its sole discretion suspend or cancel a subscriber’s account, with or without notice and for any reason, including, without limitation breach of this Acceptable Use Policy, or for engaging in inappropriate conduct, subject to the terms of your Subscription Agreement. (Subscribers, of course, also remain legally responsible for any such acts.) Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the ISP Service immediately ceases, and you acknowledge and agree that Operator may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the ISP Service. Operator shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by it in connection therewith.
In using the services of any ISP as provided over Operator’s network (the “ISP Service”), subscribers accept this non-exhaustive list of restrictions as well as those set forth in Operator’s Subscription Agreement, which are incorporated herein by reference, and agree to use the ISP Service only in compliance with this Acceptable Use Policy and all applicable local, state, national, and international laws, rules and regulations, and not to use or allow others to use the ISP Service in violation of any of the foregoing. We reserve the right to modify or discontinue the ISP Service at any time in our sole discretion, with or without notice to you, subject to the terms of the Subscription Agreement.
Unless you have specifically subscribed for commercial grade service, the ISP Service is provided to you for personal, non-commercial use only. The service cannot be used for any enterprise purpose whatsoever whether or not the enterprise is directed toward making a profit. If it is your intention to use this service for these purposes, please contact Operator to inquire whether commercial grade service programs are available. If Operator determines in its sole discretion that your use of the ISP Service without subscription through a commercial grade service program is for such purposes it may immediately terminate your access to the ISP Service.
The ISP Service may not be used to engage in any conduct that interferes with Operator’s ability to provide service to others, including, without limitation, conduct which results in the use of excessive bandwidth.
The ISP Service may not be used in a manner that interferes with Operator’s efficient operation of its facilities, the provision of services or the ability of others to utilize the ISP Service in a reasonable manner.
The ISP Service may not be used to breach or attempt to breach the security, the computer, the software or the data of any person or entity, including Operator, to circumvent the user authentication features or security of any host, network or account, to use or distribute tools designed to compromise security, or to interfere with another’s use of the ISP Service through the posting or transmitting of a virus or other harmful item to deliberately overload or flood that entity’s system.
In using the ISP Service, you may not use an IP address or client ID not assigned to you, forge any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting or probe, scan or test the vulnerability of any system or network.
We respect the intellectual property of others, and we ask you to do the same. To review Operator’s copyright infringement and Digital Millenium Copyright Act (“DMCA”) notice and takedown policies, please see Operator’s Abuse Reporting: Copyright Infringement Complaints, which is incorporated herein by reference. The Operator will terminate your account and access to the ISP Service if you are determined to be a repeat copyright infringer.
Your use of the ISP Service is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the ISP Service. By using any interactive service that may be available to you through the ISP Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:
Without limiting the generality of the foregoing, the ISP Service may not be used to post or transmit illegal content, including without limitation any content that violates child pornography statutes or contains graphic visual depictions of sexual acts or sexually explicit conduct involving children, or other depictions of children, the primary appeal of which is prurient. Complaints regarding the posting, distribution, or availability of child pornographic material should be submitted to email@example.com.
You may not engage in any of the above activities using the service of another ISP, while channeling such activities through your ISP Service account or using this account as a mail drop for responses.
You acknowledge that Operator may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with this Acceptable Use Policy (“Network Management Tools”) in its sole discretion, and use of such tools may at any time interrupt your use and enjoyment of the ISP Service. The Network Management Tools include, without limitation, detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups and such other Network Management Tools as Operator may from time to time determine appropriate in its sole discretion.
You understand and agree that temporary interruptions of the ISP Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the ISP Service, and therefore, delays and disruption of other network transmissions are completely beyond our control .
You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of third-party websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
THE ISP SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, OPERATOR MAKES NO WARRANTY THAT (A) THE ISP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (B) THE QUALITY OF THE ISP SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
USE OF THE ISP SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM ANY ACTIVITIES PERFORMED THROUGH YOUR USE OF THE ISP SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPERATOR OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, OR GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE ISP SERVICE (DUE TO FAILURE OR DELAY; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED THROUGH USE OF THE ISP SERVICE; (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; or (iv) THE PERFORMANCE OR NON-PERFORMANCE OF ANY AFFILIATE IN CONNECTION WITH THE ISP SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Operator, you agree to defend, indemnify, and hold Operator and its affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the ISP Service. Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with it in asserting any available defenses.
The statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the ISP Service. You (i) agree and hereby submit to the exclusive personal jurisdiction and venue of the United States District Court for the Western District of New York (or, if subject matter jurisdiction in that Court is not available, in any State Court located in Monroe County, New York, with respect to such matters, (ii) agree that all claims in respect of such dispute or preceding may be heard and determined in such courts, and (iii) waive, to the fullest extent permitted by applicable law, any objection which you may now have or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient form in connection therewith.
THIS ELECTRONIC DOCUMENT IS A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) AND DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH GREENLIGHT NETWORKS, LLC (“Greenlight” or “we”) WILL PROVIDE YOU (“you, “Customer” or “Subscriber”) WITH INTERNET SERVICE (“Service” or “Broadband Service”). BY USING OR PAYING FOR GREENLIGHT BROADBAND SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
THIS AGREEMENT REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS, OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW.
(a) You must pay in accordance with our billing practices for all Services you receive, whether authorized by you or someone else with access to the Services provided pursuant to your Greenlight account. The amount due will include any and all fees associated with those Services along with any installation charges and other applicable fees and taxes.
(b) Bills will be available each month via your Greenlight Networks Customer Portal. We will send required notices by email to the address you provided to us for your Greenlight account. You agree to pay recurring monthly service fees in advance of the month in which you will receive the Services. You authorize us to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. You must bring any billing errors to our attention within 30 days of the day you receive the bill or you will waive your right to a refund or credit.
(c) If a payment collection is denied due to insufficient funds or for any other reason, your bank or credit card issuer refuses to pay us amounts you have previously authorized us to charge to your account or if any portion of your bill is not otherwise paid by the due date, Greenlight may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of 1.5% per month, or the highest rate permitted by law. If Greenlight uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. You confirm that such fees are reasonable in light of our costs in collecting past due amounts.
(d) If we suspend any of your Services for failure to pay amounts you owe us or for violating our Customer Agreements or Acceptable Use Policy, we may require that you pay us a fee for restoring your Service.
(e) We may verify your credit standing through credit reporting agencies.
(f) We are not required to notify you of offers we make available to others, or to lower your rates to equal those contained in such offers.
(g) Since tax and regulatory rules are subject to interpretation, we have complete discretion in deciding what fees, taxes and surcharges to collect from you. You waive a refund of any fees that we collect from you and pay to any government or agency. You can receive a list of the fees, taxes and surcharges we collect from: Greenlight Networks, LLC, 1777 E. Henrietta Road, Suite #120, Rochester, NY 14623.
(h) You cannot settle amounts you owe us by writing “paid in full” or any other message on your bill or check. (i) If you provide us with a credit or debit card for billing or deposit purposes and the issuer gives you a new card on the account with a different expiration date, you authorize us to update our records to reflect the new expiration date and to continue to use the account as before.
(j) If a third party sues Greenlight based on your use of our Services (for example, claiming theft or copyright violation based on something you posted on-line using our Broadband, you will indemnify us for any losses, including without limitation, reasonable attorneys’ fees, that we suffer.
(k) You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement.
Restrictions on Use
The Service is intended for personal use and others with whom you share your residence (including, within reason, guests who are visiting you). Unless Greenlight agrees in a separate agreement with you to the contrary, you may not resell, re-provision or rent the Service, (either for a fee or without charge) or allow third parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot), use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). Notwithstanding the foregoing, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single Greenlight-issued IP address. You also may not use the Service to host any type of server. Violation of this section may result in suspension or termination of your Service.
Service Speed and Availability
(a) The Broadband Service speeds identified in Greenlight’s marketing materials and other communications with you reflect service capability speeds “up to” the noted speed and are not a speed guarantee.
(b) Actual speeds will vary and depend on a multitude of factors including but not limited to, destination and traffic on the Internet, interference, wiring inside your home, office or apartment, the capacity or performance of your computer or router, the server with which you are communicating, internal network factors, and the networks you and others are using when communicating.
(c) Service is not available in all areas.
(d) Installation options vary and charges may apply.
(e) In order to utilize Service, you must have a computer with sufficient Internet-compatible equipment and software.
Equipment and Security
(a) You will allow us to enter your premises to install, configure, maintain or replace Equipment and to make sure our Services are operating and being delivered properly to you and your neighbors. You confirm that you are authorized to grant the rights described in this paragraph. You also agree that any person present inside your premises may grant access and authorize us to perform installation services in and around your residence, and that such authorization will have the same effect as if you had authorized the installation services yourself. You also agree that we may use, and that you have the necessary permissions to approve Greenlight’s use of, existing facilities, including existing wiring in and around your residence, in performing the installation services.
(b) After we install or Equipment or wiring on your premises, you are responsible for any repairs or cosmetic corrections you wish to make. We have an obligation to make such repairs only if we performed our work negligently and your property was damaged as a result.
(c) We can make changes to Equipment and Software through downloads from our network or otherwise. (d) You may not move our Equipment to any location other than the location where you initially received the Service. This is true even if you have moved to a new location and continue to pay us for the Service. You may not remove or alter our logos or other identifying information (for example, serial numbers) on the Equipment.
(e) You must return the Equipment to us in good condition when the Services are terminated and, if you fail to do so, we have your permission to retrieve the Equipment from your premises at your expense. You are responsible for applicable fees until we receive the Equipment. If we do not receive the Equipment within a reasonable amount of time after the Services are terminated, we are entitled to assume that you have lost the Equipment.
(g) All equipment provided by us or installed by or on our behalf remains the property of Greenlight.
(h) You must return all other equipment in the same condition as when provided, normal wear and use excepted, upon termination of Service. Failure to do so will result in a charge to be determined with reference to Greenlight’s then current schedule of equipment charges. You agree to pay such charge(s) whether such equipment is lost (through theft or otherwise) or destroyed.
(i) You are responsible for the security of your computer, hardware, software applications, data and files. Greenlight shall have no liability for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with the Service does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.
Limitation of Liability, Indemnification, and Disclaimer of Warranties
We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within the complete control of Greenlight, including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.
OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES TO US YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR
ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY’S FEES.
GREENLIGHT MAKES NO REPRESENTTION OR WARRANTY REGARDING THE EQUIPMENT PROVIDED TO YOU OR THE SERVICES AND SPECIFICALLY DOES NOT MAKE ANY REPRESENTATION OR WARRNTY REGARDING THE ACTUAL SPPED OF THE BROADBAND SERVICES. GREENLIGHT FURTHER DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. You agree that Greenlight will not be liable or responsible for any third-party claims or damages that arise from your use or another person’s use of the Service. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney’s fees. This provision will continue to apply after this Agreement ends.
We may discontinue or terminate Service at any time, in our sole discretion, with or without reason, and may require you to pay certain fees for early termination in the event that we terminate Services for any of the following reasons:
(a) If you do not honor any provision of this Agreement (including payment obligations to Greenlight for these or any other services);
(b) If you use the Service in a manner that adversely affects service to other customers or harasses our customers or employees;
(c) If you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so; or
(d) Any regulatory agency, legislative body or court restricts or otherwise prevents Greenlight from furnishing the Service.
You may terminate the Services at any time, and in such event you may also be required to pay certain fees for early termination. YOU MAY ALSO TERMINATE THE SERVICE WITHOUT PAYING FEES IF WE DO NOT REMEDY ANY ONGOING BREACH OF THE TERMS AND CONDITIONS IN THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER GREENLIGHT’S RECEIPT OF WRITTEN NOTICE FROM YOU OF SUCH BREACH, WHICH IS YOUR EXCLUSIVE REMEDY FOR A BREACH BY GREENLIGHT. This limitation of your remedies applies to, but is not limited to, any dispute related to or arising from (a) a term of this Agreement, or Greenlight’s interpretation, enforcement or application of this Agreement; (b) the information available on the Greenlight Website or any changes that are made to the Website; (c) your ability to access or use the Service; or (d) the amount or type of fees, taxes and or other charges made, or changes in such fees, taxes, or other charges. Should this limitation of your remedy be held to be invalid or unenforceable, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) years after such claim or cause of action arose or be forever barred.
Internet Acceptable Use Policy
You agree not to use or to allow others to use the Service, for illegal or inappropriate activities, including but not limited to invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. You agree to comply with Greenlight’s Acceptable Use Policy (“AUP”), which Greenlight may modify at any time. The current AUP is available for review at the following address, subject to change: www.greenlightnetworks.com/legal. You are responsible for all activity on the Services provided to you by Greenlight, whether such activity is undertaken by you or someone else.
Dispute Resolution by Binding Arbitration
Greenlight encourages you to contact our Customer Service department if you have concerns or complaints about your Service or Greenlight. Generally, customer complaints can be satisfactorily resolved in this way. If you are not able to resolve your concerns through our Customer Service department, each of us agree to submit all disputes and claims between us including, but not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement to binding arbitration or, if permitted, a small claims court, rather than lawsuits, jury trials, or class actions. Notwithstanding the foregoing agreement, Greenlight agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. In addition, by agreeing to resolve disputes pursuant to this provision, you and Greenlight agree to each unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action even if otherwise permitted under the AAA rules or your claim proceeds in court rather than through arbitration.
Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys’ fees if the law allows.
Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court’s authority. In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf.
The Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the agreement is terminated. In person arbitrations will take place in Rochester, New York. In addition, the arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes or by separate mutual agreement by the rules of another arbitration institution (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. No AAA Rule will apply if it conflicts with the provisions of this Agreement. In addition, notwithstanding any contrary provision in the AAA Rules, the arbitrator will be bound to apply legal principles and the laws that govern this Agreement, and does not have the power to award any relief that is not authorized by such laws. Procedure, rule and fee information is available from the AAA online at adr.org, by calling the AAA at 1-800-778-7879, or by calling Greenlight at (585) 351-6600.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Greenlight agrees to pay your AAA filing, administration, and arbitrator fees for claims for damages of up to $10,000 and for claims for non-monetary relief up to the value of $10,000, as measured from either your or Greenlight’s perspective. In addition, Greenlight will not pay your share of the AAA fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
If Greenlight offers to settle your dispute prior to appointment of the arbitrator and you do not accept the offer, and the arbitrator awards you an amount of money that is more than Greenlight’s offer but less than $5,000, then Greenlight agrees to pay you double the arbitrator’s award up to, but not more than, $5,000. If Greenlight does not offer to settle your dispute prior to appointment of the arbitrator, and the arbitrator awards you an amount of money, then Greenlight agrees to pay you double the arbitrator’s award up to, but not more than, $5,000. If the arbitrator awards you more than $5,000 then we will pay you that amount. Although Greenlight may have a right to an award of attorneys’ fees and expenses if it prevails, Greenlight agrees that it will not seek such an award.
You may opt out of this Agreement’s arbitration provision. If you do so, neither you nor Greenlight can require the other to participate in an arbitration proceeding. To opt out, you must notify Greenlight in writing within 30 days of the date that you first became subject to this arbitration provision. You must use one of these addresses: Greenlight Networks, LLC, 1777 E. Henrietta Road, Suite #120, Rochester, NY 14623 or firstname.lastname@example.org.
You must include your name, address and Greenlight account number, and a clear statement that you wish to opt out of this Agreement’s arbitration obligation.
You and Greenlight agree to seek only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either you or Greenlight have suffered or may suffer. In particular, if either you or Greenlight seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Greenlight. You and Greenlight agree that we each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Greenlight makes any change to this arbitration provision, you may reject that change and require Greenlight to adhere to the language in this provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Consent to Phone and Email Contact and Electronic Notices and Communications
(a) We may call any number you provide to us for any purpose including marketing of our Services. This is true even if your numbers are included on state or federal “do not call” lists. However, if you ask to have your number placed on our “do not call” list, we will not call you at that number for marketing purposes. To have your number placed on our “do not call” list, contact us at email@example.com.
(b) We may email or text you using any address you provide to us for any purpose, including marketing of our Services. You are responsible for any related charges (for example, charges for incoming text messages on your wireless phone). If you ask to have your address placed on our “do not email” list, we will not email or text marketing messages to you at that address. To have your address placed on our “do not email” list, contact us at firstname.lastname@example.org..
(c) We may use automated dialing systems or artificial or recorded voices to call you.
(d) Greenlight may provide notices to you using any method we determine appropriate, including by electronic means (for example, email or online posting).
(a) If any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force. No waiver of any breach of this Agreement will be deemed a waiver of any future breach.
(b) This agreement will be governed by the laws of the State New York, without regard to its choice of law rules.
(c) This agreement shall not provide any third party with a remedy, claim or right of reimbursement.
(d) We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent. (e) If you are using the Services in a location you do not own or control (such as an apartment or hotel), you may have agreements related to the Services with property owners, managers, or other third parties that are not included in this Agreement; Greenlight is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
Our Right to Make Changes
UNLESS OTHERWISE PROHIBITED BY LAW, GREENLIGHT MAY CHANGE THE TERMS AND CONDITIONS OF YOUR SERVICE AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THE GREENLIGHT WEBSITE. YOU ACCEPT THE CHANGES IF YOU PAY FOR OR USE THE SERVICES AFTER NOTICE IS PROVIDED.
This Agreement together with the service order and any specific agreement regarding a term commitment and price agreed upon by you and Greenlight are the entire agreement between you and Greenlight, which may only be amended as described above. This Agreement supersedes any inconsistent or additional promises made to you by any of our employees or agents. If you have signed (including electronically) an agreement with Greenlight including Service terms and conditions, in the event of a conflict between that agreement and this Agreement, the signed agreement shall control.
What do we collect and how to use the information we gather?
Greenlight Networks will not share your personally identifiable information with third parties for their marketing purposes without your consent nor will we sell your information. Greenlight Networks may share your information with its affiliates, service providers and other third parties that help to operate our business and this website and deliver the products and services available on or through the website. We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law.
When using our website, we may collect information including, but not limited to, the type of browser being used, the type of operating system, the domain name of the visitor’s internet service provider, and IP Address. This information is used to allow web pages to be optimized for a visitor as well for internal and administrative purposes.
We collect personally identifiable information when a visitor registers, subscribes, or otherwise submits personally identifiable information through the website. The personally identifiable information collected may include: name, contact information such as postal address, phone number, and email address, and interests/preferences/selections regarding our services being requested. We require this information to understand your needs and provide you with a better service and, in particular, for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive. Cookies track where you travel on our website and what you look at. All of these purposes serve to improve and personalize your experience on our website.
Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the website or certain areas or features of the website.
Links to other websites
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Greenlight Networks, and is protected by intellectual property rights and unfair competition laws.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Greenlight Networks reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Greenlight Networks server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Greenlight Networks, including any Greenlight Networks account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Greenlight Network’s systems or networks, or any systems or networks connected to the Site or to Greenlight Networks.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Greenlight Networks on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
GREENLIGHT NETWORKS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GREENLIGHT NETWORKS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GREENLIGHT NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GREENLIGHT NETWORKS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GREENLIGHT NETWORKS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GREENLIGHT NETWORKS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Greenlight Networks reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Greenlight Networks be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Greenlight Networks has been advised of the possibility of such damages.
You agree to indemnify and hold Greenlight Networks, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Greenlight Networks by any third party due to or arising out of or in connection with your use of the Site.
You agree that Greenlight Networks may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Any feedback you provide at this site shall be deemed to be non-confidential. Greenlight Networks shall be free to use such information on an unrestricted basis.