Juno Terms of Service
This Terms and Conditions statement will explain the following regarding our Site and Service:
1.1. By completing the enrollment process to become a subscriber of the
Services or by downloading, installing or using any of the Services or any
software provided by Juno ("Software") other than to read this
Agreement, you agree to accept the terms of the Agreement as if you had signed
it. Juno may change this Agreement at any time; such changes will be effective
immediately upon transmission of notice by e-mail, postal mail, posting on the
Juno Web site or any other means. Each time you use the applicable Service
reaffirms your acceptance of the then-current Agreement. If you do not wish to
be bound by this Agreement, you must discontinue using the Services, uninstall
the Software and terminate your account.
1.2. Please refer to your initial signup disclosure for specific information
with respect to your service levels. Juno may discontinue or alter any service
level or aspect of the Services at any time, without notice, without liability
and in Juno's sole discretion.
2. Your Obligations
2.1. You agree to provide Juno with accurate, current and complete
information, to the extent required by Juno for your registration as a
subscriber of any of the Services or at any time thereafter, and to maintain and
to update this information as required to keep it accurate, current and
complete. You understand that Juno relies on the information you supply and that
providing false or incorrect information may result in provisioning or delivery
delays or the suspension or termination of the Juno Services. You agree to
promptly notify Juno whenever your personal or billing information changes
(including for example, your name, address, telephone number, and credit card
number and expiration date). You agree in your enrollment and in your use of the
Services not to impersonate any other person or entity, and you represent that
you are either 13 years of age or older, or have obtained consent to use the
Services from your parent or guardian.
2.2. You are responsible and liable for any activity by any person who uses your
account with the Services. Other users of your account will be bound by this
Agreement as if they were you. You are responsible for maintaining the
confidentiality of your password and for any liability resulting from disclosure
of your password. You agree that, upon becoming aware that your password or
account is (or possibly is) being used without authorization, you will
immediately change your password and notify Juno by sending e-mail to abuse@support.juno.com.
2.3. You are responsible for obtaining and maintaining the equipment and
telephone services necessary to access and use the Services and for any
telephone charges associated with connecting to and using the Services,
including without limitation any telephone charges associated with the
transmission to or from your computer of any information sent by or on behalf of
Juno, including without limitation information of the types specified in Section
2.4 below. Depending on the access numbers you accept or select, your location
and your calling plan, connecting to the access number(s) you accept or select
may cause you to incur long distance or additional charges on your telephone
bill. For a list of access numbers and their locations, call 1-800-654-JUNO or
visit http://help.juno.com. To find out
whether you will incur any charges and, if so, the amounts of such charges,
please contact your local telephone company. You are solely responsible for all
telephone charges incurred by your use of the Juno Services and Juno will not
reimburse you for any such charges. Certain Juno Services require, but do not
include, Internet access and you are responsible for obtaining, at your own
expense, such access from Juno or another provider. For purposes of this
Agreement, Equipment shall mean the modem, router and/or other equipment
provided by Juno for use with Juno's DSL Service and Software shall mean the
software provided by Juno in connection with the Juno Services.
2.4. You expressly permit and authorize Juno and its affiliates (and such third
parties as may be authorized by Juno, subject to the Privacy Statement) to
furnish you, electronically when you use the Services or by any other means
selected by Juno, information or materials prepared by Juno or by (or on behalf
of) other entities, including advertising information, solicitations and
software downloads. You acknowledge that any such information, advertisements,
solicitations and downloads are an inseparable part of the Services, and you
understand and agree that the furnishing of such information, advertisements,
solicitations and downloads to you cannot be terminated unless the Services are
also terminated. Some third parties furnishing you with advertisements and
solicitations through the Services may permit you to "opt out" of
receiving such communications from them, in which case you can do so by
following the instructions they provide. However, Juno is not responsible for
any such party's failure to comply with its own "opt out" policies,
nor does Juno endorse the views or content of any third party advertisements or
solicitations. All such advertisements and solicitations will be understood to
be requested by you through the act of using the Services, and each time you use
your account reaffirms such request. Juno's policies relating to privacy and the
collection and use of subscriber information are set forth in the Privacy
Statement, which forms an integral part of this Agreement. Notwithstanding the
foregoing, you may elect to not receive such information from third parties at
the alternate e-mail address you may have provided to Juno and, if your Juno
Service is a paid service (i.e., not for free), you may indicate in your
personal profile that you do not wish to receive such information from third
parties at your Juno e-mail address. Please click on the following link to
update your email preferences (http://account.juno.com/s/updateoptins?r=update).
2.5. You agree in using the Services to comply with Juno's Guidelines for
Acceptable Use. You acknowledge that the Services are provided only for personal
use by you and members of your household, and not for corporate or excessive
commercial use or for use by organizations or other groups of users.
2.6. You agree that Juno may establish general practices and limits concerning
use of the Services. These may include, among others, the maximum number of days
that unread e-mail messages will be retained by the Services, the maximum number
of e-mail messages that may be sent from or received by an account on the
Services, the maximum size of any e-mail message or attachment that may be sent
from or received by an account on the Services, the maximum disk space that will
be allocated on Juno's servers on a subscriber's behalf, and the maximum number
of times (and the maximum duration for which) a subscriber may access the
applicable Service in a given period of time. The Juno e-mail service and
network including, without limitation, e-mail addresses, is owned by Juno.
E-mail in inactive or terminated accounts may be deleted in accordance with
Juno's policies. You agree to use Juno e-mail services only to send and receive
personal messages. Juno prohibits unsolicited e-mail to be sent or received
through the Services, and uses a variety of techniques to eliminate or minimize
e-mail or attachments that Juno believes are unsolicited, inappropriate or
harmful. In doing so, Juno may block or delete e-mail or attachments sent by you
or to you, even though such e-mail or attachments may not be unsolicited,
inappropriate or harmful. You understand that unless otherwise specified in your
service level or plan terms, Juno does not utilize anti-virus software or
services to scan for viruses. If your service level or plan terms do include
anti-virus software or services, you understand that that not all viruses can be
detected and/or cleaned. You are responsible for any damages caused by your
decision to download any e-mail or attachments.
You agree that Juno is not responsible for any e-mail or attachments that are
blocked or deleted for any reason and that you have no right, and Juno has no
obligation, to retrieve or access any such deleted or blocked e-mail or
attachments. You further agree that Juno is not responsible for any e-mail or
attachments that it fails to block or delete, even if such e-mail or attachments
contain viruses or are otherwise harmful to your computer. Without limiting the
generality of Juno?s rights as set forth in this Agreement, Juno reserves the
right to change your e-mail address and associated member ID if, in Juno's sole
discretion, it is inappropriate or infringes on the rights of a third party.
You acknowledge that Juno may implement prioritization practices in connection
with accessing certain internet access Services and that your ability to
establish and maintain a connection to the applicable Service may be limited, in
connection with such practices or otherwise. You acknowledge that any limits
Juno establishes may differ for different portions of the Services, and in
particular may be set at different levels for subscribers based on factors
determined in Juno's sole discretion, which may or may not include, among
others, a subscriber's chosen service level, specific usage patterns, geographic
location, the particular telecommunications carrier through which a connection
to the Services are attempted or established, and/or a subscriber's
participation in certain programs designed to generate revenues for Juno. You
acknowledge that Juno may restrict, limit or require the use of third party
software or services in connection with the Services. You also acknowledge that
Juno reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
2.7 System Management and Service Performance. You are solely responsible for
obtaining, installing, configuring, and maintaining suitable equipment and
software, including any necessary system or software upgrades, patches or other
fixes, which are or may become necessary to access the Juno Services and to
operate your computer. You understand that bandwidth is provided on a per-line
basis, and that the speed and bandwidth available to each computer or device
connected to the network may vary depending upon the number, types and
configuration of computers or devices using the Juno Services and the type of
use (e.g., streaming media or downloading larger files, etc.), network or
Internet congestion, and/or the condition of your telephone line and the wiring
inside your location, among other factors.
2.8 Monitor of Network Performance. Juno and its third party service providers
may measure and monitor network performance and the performance of your Internet
connection. We also will access and record information about your computer's
profile and settings and the installation of software we provide in order to
provide customized technical support and you agree to permit us to access and
record such data for the purposes described in this Agreement. You hereby
consent to Juno's monitoring of your Internet connection and network
performance, and the access to and adjustment of your computer settings, as they
relate to the Juno Services, Software, or other services which we may offer from
time to time.
3. Content
3.1. You acknowledge that information, communications, photographs, video,
graphics, software, music, sounds and other materials may be accessible to you
through your use of the Services. You acknowledge that, as a matter of policy,
Juno does not pre-screen such materials, but that Juno has the right (but not
the obligation) to remove from its computer servers materials (including,
without limitation, materials created, posted, uploaded or transmitted by you)
that Juno, in its sole discretion, determines to be in violation of the
Guidelines. You further acknowledge, however, that Juno does not have the
capability to monitor, review, restrict, edit or remove materials made available
by third parties on the Internet, and you agree that you must evaluate, and bear
all risks associated with, the use of any materials, including any reliance on
the accuracy, completeness, or usefulness of such materials. The fact that Juno
provides a link to a particular Web page is not an indication that we endorse
that site's policies or the content or products available from that particular
site.
3.2. You acknowledge that materials available through the Services may be
protected by copyright, trademarks, and other intellectual property rights. You
agree that your use of such materials is governed by all applicable laws and
regulations, and by any further restrictions placed on such materials by their
owners or licensors.
Pursuant to 17 U.S.C. ? 512 as amended by Title II of the Digital Millennium
Copyright Act, Juno will terminate the account of and/or remove User Generated
Content provided by any subscriber who uses his or her account privileges to
unlawfully transmit copyrighted material without a license, valid defense or
fair use privilege to do so. After proper notification by the copyright holder
or its agent to Juno and later confirmation through court order or an admission
by the subscriber that an account has been an instrument of unlawful
infringement, Juno will terminate the infringing subscriber's account. Juno may
also in its sole discretion decide to terminate a subscriber's account
privileges prior to that time if it has good faith belief that infringement has
occurred. Juno will also terminate a subscriber's account if a subscriber is
deemed to be a repeat infringer. A repeat infringer is a subscriber who has been
notified of infringing activity more than twice and/or has had User Generated
Content removed from the Juno Site or Services more than twice. In addition,
pursuant to 17 U.S.C. ? 512(c), Juno has implemented procedures as set forth
herein for receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. Juno respects the
intellectual property of others, and we ask our subscribers to do the same.
If you believe that your copyright has been infringed through the use of a Juno
account or the Juno Services, please contact Juno's Copyright Agent in writing
at:
Copyright Agent:
Anthony DeToro, Esq. - Juno Online Services, Inc.
21301 Burbank Boulevard,
Woodland Hills, CA 91367
Fax: (818) 287-3010
You must provide us with all the information requested on the attached Notification
of Infringement. The information requested is intended to substantially
conform to the requirements set forth in the Digital Millennium Copyright Act,
17 U.S.C. Section 512 (c)(3)(A). We therefore require from you:
4. Software License
Except as otherwise set forth in the End User License Agreement provided with
the Equipment, the following will govern your use of the Services:
4.1. Juno grants to you a personal, non-transferable, non-exclusive license to
use the Software (in object code form only) as part of the Services subject to
the terms and conditions of this Agreement. The Software is licensed, not sold,
to you by Juno and may be used only to connect to the Services from the United
States of America and such other locations as Juno may authorize.
4.2. You may copy and archive the Software, and you may distribute copies of the
Software to third parties, provided that all such copies contain the same
copyright notice and proprietary markings as are on the original Software; and
provided further that you do not sell, transmit or otherwise dispose of any copy
for compensation or as part of a commercial offer. Notwithstanding the
foregoing, Juno may, at any time, and in its sole discretion, prohibit your
distribution or your further distribution of the Software to third parties and
require you to discontinue any such activity.
4.3. You agree not to translate, reverse engineer, reverse compile, disassemble
or make derivative works from the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the Software including,
without limitation, for the purpose of obtaining unauthorized access to the
Services or disabling features of the Software or Services. Except as may be
permitted by Juno, you agree not to access the Services by any means other than
through the interface that is provided by Juno or its partners for use in
accessing the Services.
4.4. The Software includes certain cryptographic software that may be subject to
any applicable export controls, including the U.S. Export Administration Act.
The Software may not be exported to any country or to any foreign entity or
"foreign person" to the extent prohibited under applicable government
regulations. By downloading or using the Software, you are acknowledging and
agreeing to the foregoing limitations on your right to export or re-export the
Software, and are also representing and warranting that you are neither on any
applicable government's lists of export precluded parties nor otherwise
ineligible to receive software containing cryptography that is subject to any
applicable export controls.
4.5. You acknowledge and agree that (i) you are not acquiring the license
granted hereunder on behalf of a government agency and (ii) the license granted
hereunder is not being acquired pursuant to a government contract.
4.6. You acknowledge that Juno and its suppliers retain all title, rights
(including, without limitation, intellectual property rights) and interest in
the Software, except as expressly licensed in this Agreement. All rights in the
content, information and materials accessed through use of the Software are the
property of the applicable content owner and may be protected under intellectual
property and other applicable laws. You agree that Juno's suppliers are direct
and intended third party beneficiaries of this Agreement.
4.7 Any Software provided for the security suite including, without limitation,
Norton Anti-Virus Online and Norton Internet Security Online, is provided by
Juno on behalf of a Juno supplier, and in addition to the terms and conditions
of this Agreement, you are subject to the software license agreement included
with such Software with respect to such Software. Notwithstanding Section 4.2,
you may not make any copies of such Software nor may you distribute such
Software except as expressly allowed in the included software license agreement.
5. Fees
5.1. As a subscriber of the Services you are solely responsible for any
charges to your account and any activities conducted through your account,
including, but not limited to a) applicable taxes, b) surcharges, c) recovery
fees, d) telephone charges, e) activation fees, f) installation fees, g) set-up
fees, h) equipment charges, i) terminations fees, j) other nonrecurring charges,
k) fees for supplemental services or features, l) and purchase made through the
use of Juno Services. The taxes, fees, and other charges detailed in this
paragraph a) - d) may vary on a monthly basis; any variations will be reflected
in your monthly charge. By using a credit card or other payment method to pay
for any billable portions of the Services, you expressly authorize Juno or its
agents to charge all fees and other charges incurred in connection with your
service to the credit card or other payment method you have designated, and such
authorization will remain valid unless revoked by you pursuant to Section 8.2.
If you use a credit card and Juno does not receive payment from the card issuer
or its agents, you agree to pay all amounts due upon demand by Juno. Fees are
non-refundable, except as otherwise provided in this Agreement, as may be
disclosed in the specific pricing terms for your Service or pursuant to
applicable law.
5.2 You may change your designated payment method by contacting Juno in the
manner specified for that purpose on Juno's Web site or by calling the Juno
customer service number (which is 1-888-839-5866 as of the date of this
Agreement). Set up fees, activation fees, installation fees, other non-recurring
fees, and equipment charges, if applicable, will be included in your first
month?s bill. Juno reserves the right to accept other forms of payment or to
modify the forms of payment it will accept. If Juno elects to authorize
alternative or additional methods of payment, your designation of such a method
of payment will be deemed to be an authorization to Juno to bill you, in a
manner appropriate to your designated payment method, for all fees and other
charges incurred in connection with your service.
5.3. Service Ready Date. Billing for your Juno Dial-Up Service will
automatically begin upon registration of your service. Billing for your Juno DSL
Service and Satellite Service will automatically begin on the date provisioning
of your DSL Service or Satellite Service is complete ("Service Ready
Date"). Please note that the Service Ready Date is not determined by the
date you install and/or initially use the DSL Service or Satellite Service, but
rather the date the DSL Service or Satellite Service is provided to your
location by Juno?s service provider.
5.4. If Juno does not receive the amount of your account balance within 30 days
of the applicable invoice date, an additional 1.5% (or the highest amount
permissible by law, if less) per month of the amount outstanding may be added to
your invoice as a late charge. You will be liable for all attorney and
collection fees arising out of Juno's efforts to collect any unpaid balance of
your account. If you believe that a billing discrepancy has occurred, you must
notify Juno within 90 days after the date of the relevant account statement from
your credit card issuer or financial institution or such amounts will be deemed
to have been accepted by you. You agree to release Juno from any liability for
any error or discrepancy that is reported to Juno after such period.
5.5. Your subscription to any billable portion of the Services will continue and
renew automatically, unless terminated by Juno or until you notify Juno pursuant
to Section 8.2 of your decision to terminate your subscription to a portion of
the Services. Juno reserves the right at any time to change its fees and charges
for use of portions of the Services, to institute new or additional fees, and to
change its policies, methods, and procedures with respect to pricing, billing,
cancellations, and surcharges. Although Juno expects to provide e-mail or other
notice to you prior to increasing the price you pay for the Services, Juno shall
not be required to do so before making any of the changes described. You may
obtain current pricing information for different service levels, as well as
information about policies, methods and procedures with respect to pricing,
billing, cancellation and surcharges (i) by calling the Juno customer service
number (which is 1-888-839-5866 for Dial-Up Service, 1-888-213-9093 for DSL
Service and 1-888-213-9093 for Satellite Service as of the date of this
Agreement), (ii) through Juno's Web site, or (iii) by sending e-mail to billing@service.juno.com.
Juno may modify the means of accessing rates and billing information in its sole
discretion.
5.6 In addition to fees for your subscription to any billable portion of the
Services, you agree to pay all sales, use, value-added, personal property or
other governmental taxes or levies imposed on fees for the Services or goods or
services that you purchase through the Services.
6. No Warranties
6.1. You agree that use of the Services is at your sole risk. You acknowledge
that some of the Services may provide access to the Internet, but that the
Internet is not owned, operated or managed by Juno.
6.2. With respect to information, goods and services provided or accessed on or
through the Services or otherwise available on the Internet, Juno (i) has no
responsibility or obligation with respect to (and does not endorse) any
information, good or service, (ii) makes no warranties whatsoever (express or
implied) with regard to any information, good or service (including, without
limitation, warranties of accuracy, completeness, usefulness, merchantability,
safety or fitness for a particular purpose), (iii) will not be a party to a
transaction between you and any other user of the Services and (iv) will not be
liable, under any circumstance, for any loss, cost or damage arising directly or
indirectly from any act or omission of any person or from any information, good
or service; except to the extent the foregoing may not be disclaimed under law.
Juno does not assume liability to subscribers or others for any failure to
enforce the Guidelines.
6.3. JUNO AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF
THE SERVICE. JUNO DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF
TIME OR AT ANY SPEED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER
(EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. JUNO DOES NOT WARRANT THAT JUNO SERVICES ARE
COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY
CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH
ANY INTERNET SERVICE OR JUNO SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN
(INCLUDING ELECTRONIC) INFORMATION PROVIDED BY JUNO, ITS EMPLOYEES, AFFILIATES,
AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY,
NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
6.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL
JUNO OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICES OR SOFTWARE BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES
FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF. JUNO'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE OR THE SERVICE WILL BE REPLACEMENT
OF MEDIA CONTAINING THE SOFTWARE THAT JUNO DEEMS TO BE DEFECTIVE OR THE TOTAL
AMOUNT OF SERVICE FEES PAID BY YOU FOR THE APPLICABLE SERVICE FOR THE PRIOR
MONTH, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS
AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS,
JUNO'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS
LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
The Juno DSL Service may not be available in all areas, may not be available at
the rates, speeds, or bandwidth generally marketed, and some telephone lines may
not qualify for Juno DSL Service even if initial testing showed that your line
was qualified. Juno or its suppliers may, at any time, without notice or
liability, restrict the use of Juno DSL Service or limit their time of
availability in order to perform maintenance activities and to maintain session
control.
7. Indemnification
You agree to indemnify and hold harmless Juno and its affiliates and their respective officers, directors, employees and agents against any liability, damages or other expenses (including attorneys' fees and costs) arising from your use of the Services (including, without limitation, your dissemination of any information on the Services).
8. Termination
8.1. Juno may terminate your access to the Services and your account at any
time, for cause or for no cause, with or without written (including electronic)
notice. Upon termination, you will have no right to continue to use the Services
or access any stored content on the Services (and any such content will be
forfeited). You acknowledge that if an account on the Services is terminated (or
if you delete your account from Juno's central computers), any unread e-mail
sent prior to termination (or deletion of your account) may be deleted from the
Services.
8.2. You may cancel billing for your Service at any time by calling Juno's
customer service number (which is 1-888-811-5866 for Juno Dial-Up Service,
1-888-213-9093 for DSL Service, and 1-888-213-9093 for Satellite Service as of
the date of this Agreement) or by using such other means as Juno may make
available from time to time, provided that you will remain liable for any fees
to which you have committed at the time of registration. If you are dissatisfied
with this Agreement or any terms, policies, or practices of Juno in operating
the Services, any content available through the Juno Services, or any change to
any of the foregoing, your sole recourse is to cancel your service and uninstall
the Software. Deleting your account from Juno's central computers or removing
the Software from your computer will not cancel billing for your service.
Activation or set-up fees paid at the initiation of your Juno Service, if any,
are not refundable, except during the thirty (30) day money-back guarantee
period.
8.3 Early Termination Fee. Your Service may include a minimum term commitment
(see your service plan description). Your minimum term begins on the billing
start date as described in the foregoing section titled "Service Ready
Date". IN THE EVENT THAT YOU TERMINATE YOUR SERVICE BEFORE SATISFYING THE
MINIMUM TERM COMMITMENT UNDER YOUR PLAN, THEN YOU AGREE TO PAY JUNO UPON
DISCONTINUANCE OF THE SERVICE A TERMINATION FEE AS SET FORTH IN YOUR PLAN
DESCRIPTION (THE "EARLY TERMINATION FEE"). In addition to any
applicable Early Termination Fee, you will be required to pay the remaining
balance of the charges applicable to your Service through the effective date of
termination. If you terminate Service at your location, your existing plan may
not be carried over to a new location.
8.4 Money Back Guarantee. Juno may provide a thirty (30) day money back
guarantee for some of the Juno Services (see your service plan description). If
your plan includes a money back guarantee, your thirty (30) day money-back
guarantee begins upon the date Juno begins billing you for the Juno Service as
described in the previous section. During this thirty (30) day period you may
cancel the Juno Service and receive a full refund of the monthly charge you have
actually paid to Juno as well as any activation charges paid to Juno; provided,
however, in order to receive your refund you must return all Equipment to Juno
in good working condition within thirty (30) days of termination. Juno will
provide you with a pre-paid mailing label and instructions for the return of
your Equipment. In the event you fail to return the Equipment within thirty (30)
days, you will be unable to receive your refund. Early termination fees will not
apply to Juno Service terminated within the thirty (30) day money-back guarantee
period. The thirty (30) day money-back guarantee does not apply to customers who
change between monthly, annual, bundled or other Juno Service pricing plans. The
money-back guarantee is limited to one per subscriber per address.
8.5 Regulatory Compliance. In the event there is a ruling, regulation, or order
issued by a judicial, legislative or regulatory body that causes Juno to believe
that this Agreement may be in conflict with such rules, regulations, and orders,
Juno may terminate or modify the Juno Services and/or this Agreement immediately
without notice.
8.6 Events that could cause Termination of your DSL Service. Your DSL
service is tied to the broadband connection into your house or building. As
such, certain actions you take that impact your broadband connection could
result in the termination of your DSL service. Such actions include, but are not
limited to, changing your telephone service provider, changing your telephone
number, or ordering a service that impacts or changes your underlying broadband
connection (such as ordering cable television service from a telephone company).
ANY SUCH TERMINATION WILL BE TREATED AS TERMINATION OF YOUR DSL SERVICE BY YOU
AND MAY RESULT IN AN EARLY TERMINATION FEE. ADDITIONALLY, YOUR DSL SERVICE IS
NOT PORTABLE. SHOULD YOU MOVE, YOU WILL NEED TO CANCEL YOUR DSL SERVICE (WHICH
MAY RESULT IN AN EARLY TERMINATION FEE) AND REORDER IT.
9. Miscellaneous
9.1. The failure of either you or Juno to insist upon or enforce strict
performance by the other of any provision of the Agreement will not be construed
as a waiver of any provision or right. Neither the course of conduct between you
and Juno nor trade practice will act to modify any provision of the Agreement.
9.2. If any provision of this Agreement is held to be unenforceable for any
reason, that provision will be reformed only to the extent necessary to effect
the original intentions of the parties, and the remainder of this Agreement will
remain in full force and effect.
9.3. This Agreement and its enforcement will be governed by, and construed in
accordance with, the laws of the State of New York, without regard to
conflicts-of-law principles. You consent to the exclusive jurisdiction of the
state and federal courts situated in the State of New York in connection with
any action arising under this Agreement or relating to the Services or Software,
and to having any judgment or order from such jurisdiction recognized in any
other court, tribunal or other governmental body in order to have the same
enforced against you. Any cause of action brought by or on behalf of you with
respect to this Agreement, the Services or Software must be commenced within one
year after the claim or cause of action arose.
9.4. Information for California Residents. Under California Civil Code
Section 1789.3, users that are residents of California are entitled to the
following consumer rights information: the Complaint Assistance Unit of the
Division of Consumer Services may be contacted in writing at 400 R Street, Suite
1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
9.5. For the purposes of this Agreement, references to including shall mean
"including, without limitation," unless such language is already set
forth.
9.6 Fair Access for Satellite Service. Juno's satellite Internet access
service provider may assign a download threshold to each satellite Internet
access service plan in order to limit the amount of data that may be
continuously downloaded. The small percentage of subscribers who exceed this
limit will experience a temporary reduction of speed in their satellite Internet
access.
10. For Quebec Residents Only
C'est á la demande expresse des parties que la pr?sente convention a ?t? r?dig?e en langue anglaise; the parties to this Agreement have specifically requested that it be drafted in the English language.