diff --git a/Earthlink/Terms of Service.md b/Earthlink/Terms of Service.md index b6002d02b1c..428634b24cf 100644 --- a/Earthlink/Terms of Service.md +++ b/Earthlink/Terms of Service.md @@ -675,4 +675,589 @@ EarthLink will send you a welcome email as written confirmation of your order. E **5\. BILLING AND PAYMENT** -You agree to pay (i) the recurring monthly fees in your billing plan due in advance of the month incurred or the one-time prepaid fee for the fixed period set forth in your prepaid billing plan, whichever is applicable; (ii) any applicable set-up fees; and (iii) any applicable method of payment fees. Also, you will be responsible for paying all taxes, surcharges, and fees required by any applicable government entity including taxes in connection with any purchases made from your website. All payments will be \ No newline at end of file +You agree to pay (i) the recurring monthly fees in your billing plan due in advance of the month incurred or the one-time prepaid fee for the fixed period set forth in your prepaid billing plan, whichever is applicable; (ii) any applicable set-up fees; and (iii) any applicable method of payment fees. Also, you will be responsible for paying all taxes, surcharges, and fees required by any applicable government entity including taxes in connection with any purchases made from your website. All payments will be made in US dollars. + +You must provide accurate billing information including legal name, address, telephone number, and credit or debit card number and expiration date and report all changes to this information promptly to EarthLink. + +Charges may be billed on or after your billing cycle date to your method of payment on file each month for the Services including any additional charges incurred (e.g. usage, taxes and fees). EarthLink is not responsible for any fees resulting from charges billed by EarthLink including, but not limited to, overdrawn accounts or exceeding credit card limits. + +For monthly subscription billing plans, you will be able to use the Services for any consecutive monthly period that has been paid in advance as described in the acceptance materials that you received as part of you sales transaction or on your order confirmation. For example, if your billing cycle begins on the sixth day of the month, then your payment due date (i.e. the date that the amount of your full monthly Service fee, including any and all applicable taxes, must be received by EarthLink) will be on the fifth day of the next month and of each month thereafter. + +If you provided EarthLink with a valid credit or debit card, you agree to maintain valid and current credit or debit card information with EarthLink at all times. If you authorized EarthLink to automatically deduct (“ACH Debit”) your monthly Service fees and any other charges, fees, or taxes billed to you, from your checking or savings bank account, then you hereby reaffirm your agreement to the [Recurring Automatic Bank Draft Authorization Agreement](http://www.earthlink.net/about/policies/ach-signup-auth.faces). You acknowledge and agree that you authorize EarthLink and that EarthLink does not need to obtain any additional authorization from you for any recurring payments or automatic billing options. In addition, if your credit or debit card company provides updated credit or debit card information to EarthLink, you acknowledge that EarthLink does not need to obtain authorization from you for EarthLink to use such information to update your credit or debit card. + +If payment by check has been accepted by EarthLink, then payments by check must be received by EarthLink by the due date listed in your monthly paper invoice. EarthLink will charge a processing fee each time you pay your monthly billing invoice. When you pay your fees by check, you also authorize EarthLink to electronically process your payment. If your check is processed electronically, your checking account may be debited on the same day that EarthLink receives your check and neither your check nor a copy of your check will be included with your checking account statement. + +EarthLink will charge a fee for returned checks or returned bank drafts from your financial institution. + +EarthLink will email an e-invoice to your primary EarthLink email address selected by or assigned to you during the subscription process (“Contact Email Address”) each month or if you designated a different billing email address, EarthLink will email the e-invoice to such billing email address each month. You may request through [https://myaccount.earthlink.net/cam/billing\_info.jsp](https://myaccount.earthlink.net/cam/billing_info.jsp) or by calling EarthLink Customer Service that EarthLink mail a paper invoice to your billing mailing address each month. EarthLink will charge your account a fee for each paper invoice. If you elect to have EarthLink mail you your monthly invoice, you may request that EarthLink also email your monthly invoice your Contact Email Address or if you designated a different billing email address, to such billing email address. There is no charge for e-invoices. + +Delinquent accounts may be suspended or canceled at EarthLink’s sole discretion; however charges will continue to accrue until the account is canceled. If you pay your monthly Service fee to a third party provider, your account also may be suspended for non-payment if your account is delinquent. + +Your account will be automatically inactivated if you put a stop payment on your account with your financial institution in connection with the payment of your monthly bill. + +If you have a prepaid billing plan, EarthLink will automatically renew your prepaid billing plan on the prepaid billing plan anniversary date unless your Service is canceled or you change to the monthly billing plan. If you have the monthly billing plan, EarthLink will charge you the monthly fee each month until your Service is canceled or you change to the prepaid billing plan. + +All charges are considered valid unless disputed in writing within thirty (30) days of the billing date and mailed to 1: + +> EarthLink, LLC +> +> Customer Service +> +> 1439 Peachtree Street NE +> +> Atlanta, Georgia 30309 + +Adjustments will not be made for charges that are disputed more than thirty (30) days after the billing date. + +If you upgrade from the Design Your Own to the Professional Design Service, there will not be any cost for upgrading except for the difference in the monthly fees. If you downgrade from the Professional Design Service to the Design Your Own prior to the end of your 12 month term, you will be charged the applicable early termination fee. However, if you downgrade from the Professional Design Service to the Design Your Own after the 12 month term, you will not be charged the early termination fee. Such upgrade or downgrade will take effect immediately and the new monthly fee will take effect as of the date of such change. + +If you change from your existing plan within the Design Your Own to another plan within the Design Your Own (e.g. Website Plus to Business Website Plus), there will not be any cost for this change except the difference in the monthly fees. If you change from your existing plan within the Professional Design Service to another plan within the Professional Design Service (e.g. Premium Design and Marketing Website to Standard Design and Marketing Website) prior to the 12 month term, you will be charged the early termination fee. But if you change from your existing plan within the Professional Design Service to another plan within the Professional Design Service after the 12 month term, you will not be charged the early termination fee. The new plan will start immediately and the new monthly will take effect as of the date of such change. + +EarthLink reserves the right (i) to change the fees associated with your Services and institute new fees upon email notice at least 30 days prior to the effective date of such new monthly fee to your Contact Email Address and (ii) to change the fees associated with your account upon email notice at least 30 days prior to the effective date of such new fee to your Contact Email Address or your billing email address if different from your Contact Email address. + +EarthLink may use various means to recover monies due. If EarthLink retains a collection agency or takes legal action to collect monies due on your account, you agree to pay all costs and expenses of collection incurred by EarthLink, which may include reasonable attorney’s fees and collection agency fees which may be based on a percentage of the amount owed, up to a maximum of 25%, where permitted by applicable law. + +**6\. CANCELLATION AND TERMINATION** + +You may cancel your Services only as follows: + +> Telephone Cancellation: EarthLink toll-free number at 800-955-0186. + +EarthLink will issue a confirmation number to you by email as proof of cancellation of your Services. Accounts are set to close at the end of the current billing period. If you cancel by one of the prescribed methods listed above and are mistakenly billed for your Services after the end of the billing period, EarthLink will refund any erroneous charges upon proof of such cancellation. + +The Professional Design Service’s monthly payment billing plan has a twelve (12) month commitment. If you cancel the Professional Design Service prior to completing the twelve (12) payments, EarthLink will bill you for the remaining unpaid monthly payments. After your (12) month commitment is completed and fully paid, you may cancel at any time, and EarthLink will only bill you up to the end of the current month. + +Except for the EarthLink Domain Name Registration Service and the Professional Design Service, EarthLink will provide you with a full refund if you cancel any of the other Services within the first thirty (30) days of your subscription. + +Except as described in this Agreement, EarthLink does not grant refunds or credits for any prior use including partial use of the Service during the last month of cancellation, and EarthLink does not issue pro rata refunds for fees paid in advance. + +If EarthLink waived the registration fee of your domain name and you cancel either the Design Your Own or the Professional Design Service prior to the 90th day after your account billing start date or whichever start date is set forth in your billing plan, then EarthLink may charge you for the registration fee for your domain name. + +Upon any termination by you, EarthLink will permit you to download or otherwise copy electronic materials, data, and files comprising your website, as well as any emails residing on EarthLink’s servers until the end of the current billing cycle. However, you may request immediate removal of such information. EarthLink will try to satisfy your request but will not be under an obligation to do so. EarthLink will not be liable for such deleted electronic materials, data, files or emails. EarthLink reserves the right to retain certain technical information about your website such as logs and statistics for a period of time as needed for technical and legal reasons. + +EarthLink may terminate your account for the Services at any time for any reason, including, without limitation, if (i) your account is delinquent because charges on your method of payment were refused for any reason, (ii) you failed to make payment when due or you did not provide EarthLink with your credit or debit card’s expiration date or expiration date of any other method of payment before the existing expiration date; (iii) EarthLink, in its sole discretion, believes you have breached this Agreement or any other EarthLink agreements or policies; or (iv) your use of the Services are prohibited by law. A termination notice will be sent to you via (i) Contact Email Address or (ii) U.S. Mail to the billing address for your EarthLink account. Accounts are set to close at the end of the current billing period. Upon termination by EarthLink under its sole discretion, EarthLink may immediately remove your website, including all of your materials, data, files and emails from EarthLink’s servers and you will have no right to copy or download such information. + +If you terminate your EarthLink Web Hosting Service, you can keep your EarthLink Domain Name Registration Service. Likewise, If terminate your EarthLink Domain Name Registration Service, you can keep your EarthLink Web Hosting Service. You must terminate each of these Services individually. + +If you cancel your EarthLink account or if your EarthLink account becomes inactive for any reason, such as lack of timely payment or abuse, both your EarthLink Web Hosting Service and your EarthLink Domain Name Registration Services will be canceled. If your account is canceled by you or terminated by EarthLink, it cannot be reactivated. + +**7\. YOUR ACCOUNT, PASSWORD, AND SECURITY** + +Upon registration, you will receive a username, a password, and other account information. You are responsible for (i) maintaining the confidentiality of both your username, password and other account information, and (ii) the use of your Services by any person who uses your username and password to access the Services, whether or not you specifically authorize such person’s use. You must notify EarthLink immediately upon discovering any unauthorized use of your Services or other breaches of security. Usernames, passwords, email addresses and IP addresses are EarthLink’s property and EarthLink may alter or replace them at any time. + +You are solely responsible for the computer and software necessary to use the Services including responsibility for (i) maintaining the security of your computer and data, including protection of your username and password, (ii) the management of your information on your website including back up and restoration of your data, (iii) the encryption of data, and (iii) back-up and restoration of your computer and data. EarthLink recommends that you use anti-virus, anti-spyware and firewall software including appropriately updating such software. + +**8\. MONITORING THE SERVICES** + +EarthLink has no obligation to monitor the Services but may do so to (i) comply with laws, regulations, or governmental or legal requests; (ii) protect the overall integrity of the Services (including the EarthLink network); (iii) operate the technical aspects of the Services in a proper, effective, and reasonable manner; (iv) protect itself, its employees, or others as described in the Privacy Policy; and (v) to enforce or prevent breaches of this Agreement or other EarthLink agreements or policies. + +EarthLink will only disclose information regarding your use of your Services in accordance with the Privacy Policy. EarthLink may immediately remove your material or information from EarthLink’s servers, in whole or in part, if EarthLink reasonably believes it infringes another’s property rights or violates other EarthLink agreements or policies, or any laws or regulations. + +EarthLink will use commercially reasonable efforts to schedule any maintenance outages in a way that minimizes the impact on subscribers; however, EarthLink cannot guarantee that your Services will not be interrupted and cannot always provide advance notice of such outages. + +**9\. DISCLAIMERS AND LIMITATIONS OF LIABILITY** + +THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARTHLINK AND ITS SUPPLIERS AND VENDORS DO NOT WARRANT THAT (I) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS OR (II) THE ACCURACY, SPELLING OR GRAMMAR OF ANY OF THE CONTENT ON YOUR WEBSITE. EARTHLINK AND ITS SUPPLIERS AND VENDORS MAKE NO EXPRESS WARRANTIES REGARDING THE SERVICES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, PRODUCT, EQUIPMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. + +EARTHLINK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY “EARTHLINK PARTIES”) WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH THE SERVICES RESULTING FROM: (I) YOUR WEBSITE (INCLUDING ALL CONTENT AND ANY END USERS’ USE OF YOUR WEBSITE; (II) OTHER PARTIES ACCESSING YOUR DEVICE; (III) SECURITY BREACHES; (IV) EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (V) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE) OF THE SERVICES; (VI) YOUR RELIANCE ON OR USE OR MISUSE OF THE SERVICES; (VII) THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES OR DATA (INCLUDING PERSONALLY-IDENTIFIABLE INFORMATION), ERRORS OR DEFECTS, DELAYS OR ERRORS IN OPERATION, TRANSMISSIONS, SERVICE INTERRUPTIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICES; (VIII) INABILITY TO ACCESS THE SERVICES DUE TO CONNECTIONS, INTERNET ROUTING, HACKING, SPAMMING OR ANY OTHER CIRCUMSTANCE OUTSIDE THE CONTROL OF THE EARTHLINK PARTIES; OR (IX) THE USE OF THE SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES A THIRD PARTY’S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS. THE EARTHLINK PARTIES WILL NOT BE OBLIGATED TO COMPENSATE YOU FOR ANY DOWNTIME OF YOUR WEBSITE, WHETHER CAUSED BY YOU OR AN EARTHLINK PARTY. + +THE EARTHLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE FROM YOUR FAILURE TO COMPLY WITH THESE SECURITY OBLIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE EARTHLINK PARTIES BE LIABLE, IN ANY WAY, FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS. + +THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE EARTHLINK PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY EARTHLINK PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE AND ONLY REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH IN THIS AGREEMENT. + +THE CUMULATIVE LIABILITY OF ANY EARTHLINK PARTY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. + +YOU MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. + +**10\. INDEMNIFICATION** + +You agree to defend, indemnify and hold the EarthLink Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney’s fees and expenses that an EarthLink Party may sustain or incur by reason of your use or misuse of the Services or the use or misuse of the Services by anyone else through your account including, but not limited to, use or misuse of the Services (i) in violation of applicable laws or regulations or the terms of this Agreement or any other EarthLink agreement or policy; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; or (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data). + +**11\. GENERAL LICENSE AND USE OF THE SERVICES** + +The names of EarthLink, the Services and other EarthLink products and services, and their related logos, are trademarks of EarthLink (“EarthLink Marks”). Except for the “powered by EarthLink” logo on the bottom of the pages of your website hosted by EarthLink, if applicable, you agree not use any EarthLink Marks on your website or anywhere without the prior written permission of EarthLink. + +Except as expressly granted herein, nothing in this Agreement grants to or confers in you any license or right of ownership. You will not reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the tools (“Tools”) or Server-Ready EarthLink Digital Content, defined in Section 12.2, found on the EarthLink Web Hosting Service’s online control center that you can access after you log into control.earthlink.net (“Control Center”), except pursuant to reasonable backup procedures, or for use in your website pursuant to this Agreement, nor create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering, decompiling or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement. This license will automatically terminate upon the termination of this Agreement. + +You agree to use the Services only for lawful purposes. You are solely responsible for the content, materials, files, data and links on your website (“Content on Your Website”). You will not use the network resources of EarthLink to impersonate another person or misrepresent authorization to act on behalf of others or EarthLink. Any emails sent in connection with your Services must correctly identify the sender. Violations of any of these terms may result in termination of your use of the Services with or without notice. + +**12\. SECTION 12 APPLIES ONLY TO THE EARTHLINK WEB HOSTING SERVICE** + +12.1 Hosting Your Website + +EarthLink will host your website according to the terms of the EarthLink Web Hosting Service selected by you provided that you comply with the terms and conditions set forth in this Agreement. EarthLink will provide email boxes, web hosting storage and associated services as specified in the EarthLink Web Hosting Service plan you selected. EarthLink has the right to remove or reassign the IP addresses of your website. From time to time EarthLink may impose reasonable rules and regulations regarding the use of the EarthLink Web Hosting Service. EarthLink reserves the right to change or reject any of the features, content or applications of or relating to the EarthLink Web Hosting Service at any time with or without notice to you. + +12.2 Access to Server-Ready EarthLink Digital Content + +The EarthLink Web Hosting Service will provide you with access to materials and data in a “server-ready” condition through the Control Center, that it will not require consultation or any additional manipulation by EarthLink to host your website. Such materials and data may include, but are not limited to, (i) images, photographs, templates, graphics, animations, video, audio, music, sound, text, data, software, trademarks, trade names, logos and other intellectual property as well as “applets”, and “online” or electronic documentation, (ii) supplemental software code and supporting materials as part of the support services for such objects (“Supplemental Software Code and Supporting Materials”), and (iii) executable scripts known as CGIs or any other web application software that makes a website more interactive (collectively, items (i)-(iii) are referred to as “Server-Ready EarthLink Digital Content”). You may use the Server-Ready EarthLink Digital Content only in conjunction with the EarthLink Web Hosting Service and in accordance with this Agreement. + +EarthLink may, at its option and at any time, reject certain Server-Ready EarthLink Digital Content even after it has been put on one of the EarthLink servers. EarthLink will notify you of its refusal of such Server-Ready EarthLink Digital Content, and provide you with the opportunity to amend or modify such materials to satisfy the server-ready requirements. If you fail to modify such materials, as directed by EarthLink, within a reasonable period of time, your account will be deemed to be terminated. + +You may incorporate the Server-Ready EarthLink Digital Content into your own original work, and you may modify and publish the Server-Ready EarthLink Digital Content in your website for viewing purposes as long as you pay for the EarthLink Web Hosting Service. The Server-Ready EarthLink Digital Content will only function on EarthLink’s servers. + +12.3 Specific Terms for the Professional Design Service + +If you signed up for the Professional Design Service, EarthLink will send you one or more emails with: (i) a purchase summary; (ii) login link, and login credentials to access the Control Center; and (iii) login link, and login credentials to access the project center (“Project Center”) that includes the website design electronic form (“Website Specification Summary Form”). You will have access to numerous template website designs as well as the Server-Ready EarthLink Digital Content through the Control Center. + +An EarthLink website expert (“EarthLink Website Expert”) will contact you during business hours to assist you in completing the Website Specification Summary Form. Within five (5) business days after the date that the EarthLink Website Expert contacts you, you will complete the Website Specification Summary Form including selecting a template website design and uploading the text and images that you want displayed on certain pages in your website. The Control Center includes sample text and images that you may select for display on your website. The EarthLink Website Expert will design your website (“Created Website”) based on the information you provided in your completed Website Specification Summary Form. + +The EarthLink Website Expert will provide the first draft of the Created Website to you in a subfolder in your Project Center for you to access through your username and password. For thirty (30) days after the first draft of the Created Website is posted, you can work with the EarthLink Website Expert to make up to three (3) minor changes to the Created Website to finalize it for deployment. The list of minor changes and major changes is located under the Frequently Asked Questions tab in the Project Center. The Created Website will remain in the subfolder until you approve it. After your approval, the Created Website will be published on the EarthLink server. If you want an EarthLink Website Expert to make additional changes to your website after such thirty (30) day period, you may purchase a maintenance agreement from EarthLink. + +In the event that you do not submit a completed Website Specification Summary Form to EarthLink within the five (5) business day period described above, the EarthLink Website Expert will create a limited design of your website with (i) a template selected by the EarthLink Website Expert and (ii) text based on information you initially provided to EarthLink when you registered for the Professional Design Service (“Limited Website Design”). Upon completion of your Limited Website Design by the EarthLink Website Expert, the EarthLink Website Expert will send you an email informing you that the Limited Website Design has been posted in your Project Center for your review. You will have five (5) business days from the date this email was sent to review your Limited Website Design. + +If you do not ask for any changes to the Limited Website Design during that five (5) business day period, EarthLink will post the Limited Website Design on your URL provided that you do not have any live site on your domain name’s URL. In the event that you have a site posted on your domain name’s URL, the Limited Website Design will remain in your Project Center for as long as your account remains active on the Professional Design Services. + +After your review of such Limited Website Design, you may select a different template if necessary. After the EarthLink Website Expert receives your feedback regarding your selected template and all the content you want on your website, the EarthLink Website Expert will rebuild your website. Such rebuilt website will be considered your Created Website. After the new website design is completed, the EarthLink Website Expert will send you an email informing you that the new website design has been posted in your Project Center for your review. + +You will use the Created Website or the Limited Website Design, as applicable, as one website only, displayed at a single IP address, with the exception that you may create one duplicate of the Created Website or Limited Website Design for back-up purposes. + +12.4 License + +During the term of this Agreement and upon payment of all fees due and owing to EarthLink, EarthLink hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the following pursuant to the terms and conditions set forth herein (i) the Tools; (ii) the Server-Ready EarthLink Digital Content; (iii) if you signed up for the Professional Design Service, the content for your website provided by the Professional Design Service and any supplemental software code and supporting materials provided as part of the support services for the Professional Design Service (collectively, the “Professional Design Service Materials”); and (iv) the “powered by EarthLink” logo on the bottom of the pages of your website, if applicable. + +Any rights not expressly granted herein will be reserved for EarthLink and its licensors. All source code is specifically excluded from the license granted hereunder. EarthLink and its licensors will, at all times, retain ownership of all right, title and interest to any and all intellectual property rights in all their intellectual property, including but not limited to: (i) any and all EarthLink software used or accessed in conjunction with the Services, including all updates, improvements, modifications and enhancements; (ii) the Tools; (iii) the Server-Ready EarthLink Digital Content; (iv) the Professional Design Service Materials, and (v) the “powered by EarthLink” on your website, if applicable. + +In addition, you are not permitted to (i) use the Server-Ready EarthLink Digital Content or the Professional Design Service Materials in a web page design whereby the Server-Ready EarthLink Digital Content or the Professional Design Service Materials is in a format designed or intended for storage or re-use by others; (ii) use or permit the use of the Server-Ready EarthLink Digital Content or the Professional Design Service Materials or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Server-Ready EarthLink Digital Content or the Professional Design Service Materials or any part thereof; (iii) use the Server-Ready EarthLink Digital Content or the Professional Design Service Materials with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service; (iv) translate, reverse engineer, decompile, or disassemble the Server-Ready EarthLink Digital Content or the Professional Design Service Materials; or (v) rent, lease, assign, transfer or redistribute the Server-Ready EarthLink Digital Content or the Professional Design Service Materials. + +12.5 Intellectual Property Warranty + +You warrant that you have the right to use the content, materials, files, data, links, trademarks and any other intellectual property displayed on your website that EarthLink did not explicitly provide to you as part of the Server-Ready EarthLink Digital Content or the Professional Design Service Materials (“Additional Content on Your Website”). You agree and warrant that the Additional Content on Your Website and the transmission of any data, images or materials from your website will not violate (i) any federal, state, local or foreign laws, rules or regulations, or (ii) the rights of any person, group or entity including the intellectual property rights protected by copyright, trade secret, patent, or other intellectual property laws or regulations. You understand and agree that EarthLink cannot support the Additional Content on Your Website. + +EarthLink will not be responsible for validating any of the text you display on your website for spelling, grammar or accuracy. EarthLink may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize EarthLink to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you. + +EarthLink reserves the right to reject any Additional Content on Your Website at any time with or without notice to you. + +12.6 Additional Indemnities + +In addition to your indemnification obligations set forth in Section 10, you agree to defend, indemnify and hold the EarthLink Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (including, but not limited to, direct, indirect and consequential), attorney’s fees and expenses that an EarthLink Party may sustain or incur in connection with the Additional Content on Your Website. + +12.7 Data Transfer and Storage Limits + +Your EarthLink Web Hosting Service plan sets forth your monthly data transfer and storage limits. The EarthLink Web Hosting Control Center provides you with usage data on your bandwidth (data transfer) and disk space (storage). EarthLink will send you a warning message email that your monthly data transfer is approaching its limit and you will be charged overage fees if your monthly data transfer exceeds its limit. If your website reaches its monthly storage limit, you will not be able to upload additional documents. In such event you can delete some of the stored documents or upgrade to an EarthLink Web Hosting Service plan with a higher monthly storage limit. + +12.8 Restrictions of Use + +You will not attempt to undermine the security or integrity of the EarthLink Web Hosting Service or the EarthLink network including, but not limited to, port scanning, vulnerability probing or denial of service attacks of any kind. In addition, running excessively CPU intensive CGIs such as IRC bots and utilities, Bit Torrent clients, and any application that acts as a server and listens for inbound network connections are prohibited. Software that acts as proxy server/scripts also is not permitted. If your processes are adversely affecting server or network performance, EarthLink reserves the right to terminate and disable the offending processes even if such action causes disruption to your website. EarthLink restricts run time of any customer’s CGI process to five minutes. + +Using the EarthLink Web Hosting Service to send unsolicited bulk emails or usenet postings (spam) is also prohibited. Engaging in activities pertaining to Black Hat SEO, spandexing and so-called “scraper sites” is prohibited. EarthLink reserves the right to disable any portion of your website if EarthLink determines, at its sole discretion, that your website is being used for spamming, hacking or any other type of illegal activity. + +**13\. SECTION 13 APPLIES ONLY TO THE EARTHLINK DOMAIN NAME REGISTRATION SERVICE** + +13.1 ICANN + +The Internet Corporation for Assigned Names and Numbers (“ICANN”) develops and implements policies regarding the registration and renewals of domain names (“ICANN RULES”). Only ICANN accredited registrars can register and renew domain names. EarthLink provides the EarthLink Domain Name Registration Service through the domain registrar services provided by OpenSRS (“Registrar”) which is an ICANN accredited registrar, and as such you agree that EarthLink is limited to providing the EarthLink Domain Name Registration Service in accordance with the terms located at [https://www.opensrs.com/wp-content/uploads/Master\_Services\_Agreement.pdf](https://www.opensrs.com/wp-content/uploads/Master_Services_Agreement.pdf). Registrar and EarthLink are bound by the ICANN Rules. EarthLink may modify this Agreement in order to comply with changes or updates to the ICANN rules. + +Under the ICANN Rules, you have the (i) rights and responsibilities set forth on the ICANN webpage located at [http://www.icann.org/en/resources/registrars/registrant-rights/educational](http://www.icann.org/en/resources/registrars/registrant-rights/educational) and (ii) benefits and additional responsibilities set forth on the ICANN webpage located at [http://www.icann.org/en/resources/registrars/registrant-rights/benefits](http://www.icann.org/en/resources/registrars/registrant-rights/benefits). + +The Uniform Domain Name Dispute Resolution Policy (the “UDRP”), as amended from time to time, has been adopted by ICANN and is hereby incorporated and made a part of this Agreement and can be found at [http://www.icann.org/dndr/udrp/policy.htm](http://www.icann.org/dndr/udrp/policy.htm). The UDRP sets forth the terms and conditions in connection with a dispute between you and any party other than EarthLink or Registrar over the registration and use of a domain name registered by you. UDRP has been adopted by all ICANN-accredited registrars. + +13.2 How to Register Your Domain Name + +You acknowledge and agree that EarthLink does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, because EarthLink cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or related databases, including the various WhoIs databases. + +You further acknowledge and agree that EarthLink may elect to accept or reject your application for registration for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name. You also acknowledge and agree that EarthLink is not liable or responsible in any way for any errors, omissions or any other actions by Registrar arising out of or related to your application for, registration of, renewal of, or failure to register or renew a particular domain name. + +13.3 Registration Requirements for TLDs + +EarthLink registers and manages the following top level domains (TLDs) for new customers: .com, .net, .org, .biz, .asia, .club, .info, .mobi, .name, .tel, .us and .cc. EarthLink also manages the .ca TLD for existing customers. A summary of the registration requirements for these TLDs is set forth below. + +There are no restrictions on who may register the following: .com, .net, .info, .tel and .cc. + +The .org TLD and the .club TLD are restricted to groups, organizations, assemblies, and communities. + +The .name TLD is the only global TLD authorized by ICANN exclusively for private individuals. Registration of .name TLD must include a personal name which is either a person’s legal name or a name by which that person is commonly known. “A name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor. + +The .asia TLD is restricted to companies, organizations, and individuals based in the region of Asia, Australia, and the Pacific. + +If you are registering the .biz TLD, you agree that as of the date your register you domain, your registered domain will be used primarily for a bona fide business or commercial purpose. A bona fide business purpose is one of the following: (i) to exchange goods, services, or property of any kind in the ordinary course of trade or business; or (ii) to facilitate the exchange of goods, services, information, or property of any kind in the ordinary course of trade or business. You also agree that the .biz TLD will not be used exclusively for personal use; or solely for the purposes of (i) selling, trading or leasing the domain for compensation, or (ii) the unsolicited offering to sell, trade or lease the domain for compensation. + +The .mobi TLD is limited to mobile-compatible sites. + +The .us TLD is limited to (i) U.S. citizens or permanent residents in the U.S.; (ii) entities or organizations that are incorporated in the U.S.; (iii) U.S. federal, state or local government; and (iv) foreign entities with a bona fide presence in the United States. If you are registering the .us TLD, you acknowledge and agree that you have a presence in the United States and that you are not permitted to purchase private or proxy .us registrations. + +The .ca TLD is restricted to companies, organizations, and individuals with a presence in Canada. If you have a .ca TLD registered, you acknowledge and agree that you have a presence in Canada as defined by the Canadian Internet Registration Authority (“CIRA”) and that you shall continue to be subject to the CIRA’s registrant agreement that can be found at [http://www.cira.ca](http://www.cira.ca/). + +More detailed information about the registration requirements of the above TLDs can be found at [http://opensrs.com/site/resources/agreements](http://opensrs.com/site/resources/agreements). + +Your domain name application process will not be effective until the domain name registration information you provide to EarthLink is delivered to Registrar and Registrar puts into effect your domain name registration. + +13.4 WhoIs Information + +You are required by ICANN, Registrar and EarthLink to provide the following contact information for each of your domain name registrations (“WhoIs Information”): + +* _Registrant Contact_ is the official owner of and highest authority for a domain name. Usually the registrant is the same as the Administrative Contact, though in some circumstances, the registrant may designate another individual to be responsible for the maintenance of the domain name. +* _Administrative Contact_ manages the domain name and has full authority to request and authorize any decisions and updates to the domain name. If the administrative contact is not the owner of the domain name, he or she is the representative of the owner. +* _Technical Contact_ is the person, role, or organization responsible for the web server on which a domain is hosted. The technical contact has the authority to update name server information, and attend to the technical administration of the domain files on the server but does not have the authority to transfer ownership or administrative rights. + +* _Billing Contact_ is the party responsible for receiving and paying the registration and renewal fees. + +For each of the categories listed above, you are required by ICANN to provide (i) first name, (ii) last name, (iii) company or organization, if applicable, (iv) street address, (v) city/state/country, (vi) zip code, (vii) email address and (viii) telephone number. ICANN also requires you to update your WhoIs Information as needed to keep it current, complete and accurate. EarthLink will provide your WhoIs Information to Registrar to process the registration or renewal of your domain name. You acknowledge that Registrar may use certain of your WhoIs Information provided by EarthLink regarding your domain name registration or renewal in a manner consistent with Registrar’s Domain Name Registration Agreements . + +As required by ICANN, your WhoIs Information will be publicly available and accessible through a domain name search unless you choose to pay for EarthLink’s domain contact privacy service which masks the identity of the registrant on the public WhoIs directory. If you subscribe to EarthLink’s domain name privacy service, the WhoIs Information associated with your domain name on the public WhoIs directory will appear as Contact Privacy, Inc. with the address and telephone number of the Registrar and a proxy email address. Emails sent to the proxy address will automatically be forwarded to your Registrant Contact email address without revealing it to the public. + +You hereby waive any and all claims and causes of action you may have arising from disclosure of the WhoIs information provided by you to EarthLink. + +Each year ICANN requires registrars to remind registrants to review the registrant’s WhoIs Information for the registrant’s domain. Upon receipt of this reminder email from Registrar, you will not need to take any action if all of your WhoIs Information is correct but if any of your WhoIs Information is inaccurate, you will need to correct it by contacting EarthLink by telephone or using the EarthLink Control Center. If this annual email from Registrar bounces back, the “WhoIs Accuracy Program” verification process will be triggered and you will receive an email from Registrar asking you to verify your email address within 15 calendar days by clicking on the link in the email. If you do not verify your email address within such 15 day period, the DNS to your domain will be redirected to point to the Registrar’s servers and your website will not be displayed on the Internet until the verification process has been completed. + +13.5 Renewal + +Unless EarthLink receives alternate instructions from you at least two (2) months prior to the domain name renewal date, EarthLink will automatically bill you for your domain name renewal at the then-current renewal fee on your monthly billing date two months prior to the domain name renewal date. EarthLink will use your method of payment on file. + +EarthLink will renew your domain name registration on the domain name renewal date for the same period of time as the period of time of your original registration term provided that your renewal fees have been paid. For example, if your original registration term was one year, then EarthLink will renew your domain name registration for a one year renewal term. + +EarthLink is not responsible for any domain name for which you chose not to renew its registration. In the event that you have not paid your EarthLink Web Hosting fees or domain name registration fees, as applicable, or your EarthLink account has gone into suspended or inactive status or is otherwise not in good standing, EarthLink will not renew your domain name. If your EarthLink account is brought back to active and in good standing status after the registration of your domain name has expired, EarthLink will not be responsible for renewing the expired domain name registration. + +Registrar allows a grace period for registrants to renew expired domain names after the actual expiration date. The number of days in the grace period varies by domain name extensions. After the grace period expires, Registrar will place your expired domain name into redemption status for a certain period of time which would allow you to reclaim your domain name and renew it s registration upon payment of a redemption fee in addition to the renewal fee. Before the domain name expires, attempts will be made to email the Registrant Contact email address. + +If your domain name is not renewed during the grace period or the redemption period, it will be released to the general public. After your domain name is released to the general public by the Registrar because it was not renewed, EarthLink will no longer be able to purchase or manage your domain name. EarthLink then will remove your domain name from EarthLink’s domain management system. + +13.6 The Customer Relationship + +By submitting the domain name registration application to EarthLink, you acknowledge and agree that you are a customer of EarthLink for purposes of EarthLink registering and renewing your domain name. + +After EarthLink sends your new registration to Registrar, Registrar will send you an email that will ask you to verify your email address within 15 calendar days by clicking on the confirmation link and following the verification steps. Registrar will consider your domain name registration verified after you completed the verification steps. If you do not verify your email address within such 15 calendar day period, the DNS for your domain may be updated to point to the Registrar’s servers and your website will not resolve which means that your website will not be displayed on the Internet until the verification is completed. In such case, you should call EarthLink to send you a new verification email. After you verify your email address, the DNS will point to your domain and your website will be displayed. + +Upon termination of EarthLink’s relationship with Registrar or during the renewal of your domain name registration, EarthLink, in its sole discretion, may transfer your domain name registration to a new registrar at no additional charge to you and that this Agreement will continue in full force and effect. In the event that the registrar transfer process requires changing your administrative contact information and/or your organization’s contact information to EarthLink, to expedite such transfer process, EarthLink will notify you that your administrative contact information and/or your organization’s contact information will be changed to EarthLink for the short period of time while your domain name registration is transferred to the new registrar. Changing this information to EarthLink during the transfer process will not affect your ownership of the domain. After the transfer of your domain name to the new registrar has been completed, EarthLink and the new registrar will change the transferred administrative contact information and/or your organization’s contact information back to your original administrative contact information and/or your original organization’s contact information. The new registrar will contact you via email with a confirmation link for you to verify the domain transfer from Registrar to the new registrar. If you do not verify this domain transfer to the new registrar within such 15 calendar day period, the DNS for your domain may be updated to point to the Registrar’s servers and your website will not resolve which means that your website will not show up on the Internet until the verification is completed. In such case, you must call EarthLink to request that we send you a new verification email. After you verify your email address, the DNS will be repointed to your domain. + +If you decide to transfer the registration of your domain name that has been recently renewed through the EarthLink Domain Name Registration Service to another domain name registration reseller or directly with another registrar, there is the potential that the renewal year will be lost. + +13.7 Approval Process for Your Changes to your WhoIs Information + +ICANN has instituted a new transfer policy effective December 1, 2016 (“ICANN Transfer Policy”) which covers the approval procedures for (i) updates to any of the following fields in a registrant’s WhoIs Information: first name, last name, organization or email address or (ii) changing ownership of the domain name from the current registrant to another registrant (“New Registrant”). Such changes are collectively referred to as “Changes”. + +If you are the current registrant of a domain registered through the EarthLink Domain Name Registration Service, you will receive an email directly from the Registrar asking you to confirm the Changes. During the confirmation process you will have the option to check a box to “waive the 60-day transfer lock”. Under the ICANN Transfer Policy, if you do not check this box, your domain will be locked for 60 days and the domain registration cannot be transferred to another registrar during the 60 day period. + +The ICANN Transfer Policy allows new registrants to delegate their consent to the Changes to a third party as a designated agent (“Designated Agent”) to confirm the Changes . If you are the new registrant of a domain registered through the EarthLink Domain Name Registration Service, you will receive an email directly from the Registrar with a link for you to confirm or not confirm that you are the new owner of this domain. If you confirm that you are the new owner of this domain, you will have the option to check a box whereby you authorize the Registrar to act as you Designated Agent to confirm Changes for your domain on your behalf. + +13.8 Fees + +You agree to pay the then-current fees for domain name registrations and renewals set forth in the EarthLink price schedule for the billing plan you selected. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. EarthLink reserves the right to change renewal fees at any time upon thirty (30) days’ notice. + +If you want to change your original billing information, you must do so by contacting EarthLink at least sixty (60) days before your domain name registration expires, otherwise your original credit or debit card or other method of payment will be billed. If your original credit or debit card has expired or is otherwise invalid, you must contact EarthLink with a valid credit or debit card or some other method of payment acceptable to EarthLink at its sole discretion. However, in the event that EarthLink does not have your valid billing information before the date your domain name registration expires, your domain name registration will not be renewed. + +13.9 Additional Information Maintained + +In addition to your WhoIs Information that you provide to EarthLink and EarthLink then provides to Registrar on your behalf, EarthLink maintains records relating to the EarthLink Domain Name Registration Service that may include, but are not limited to: (i) any domain name application received by EarthLink, as well as any domain name registered through, administered, or renewed by EarthLink; (ii) records of your account, including dates and amounts of all payments and refunds; and (iii) any and all communication between EarthLink and you regarding your use of the EarthLink Domain Name Registration Service. + +13.10 Obligations Relating to the Information You Provide + +In the event that you provide information about a third party in applying for the registration of a domain name or you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (i) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (ii) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. You are prohibited from registering for the .us domain for a third party that is located outside of the United States. + +You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond to inquiries by EarthLink concerning the accuracy of the WhoIs Information associated with your domain name registration within 15 calendar days from the date that the email from EarthLink was sent to you will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. + +13.11 Ownership of Data + +You acknowledge and agree that EarthLink owns all databases, compilation, collective and similar rights, title and interests worldwide in EarthLink’s domain name, the EarthLink Domain Name Registration Service and other EarthLink proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to EarthLink a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in its business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use the following information: (i) the original creation date of a domain name registration, (ii) the expiration date of a domain name registration, (iii) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, and billing contact for a domain name registration, (iv) any remarks concerning a registered domain name that appear or should appear in a WhoIs or similar database, and (v) any other information EarthLink generates or obtains in connection with the EarthLink Domain Name Registration Service. EarthLink does not have any ownership interest in your WhoIs Information or other information other than EarthLink’s rights in its domain name database as set forth in this Section 13.11. + +13.12 Agent for the Registrant + +You agree that, if you are using the EarthLink Domain Name Registration Service for another party, you represent that you have the authority to nonetheless bind that party as a principal to all terms and conditions provided herein including, but not limited to, the approval process for any Changes. You accept liability for harm caused by wrongful use of the EarthLink Domain Name Registration Service. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you will accept liability for harm caused by wrongful use of the domain name. + +13.13 System Performance Degradation + +EarthLink’s delivery of the EarthLink Domain Name Registration Service depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, EarthLink’s computer system or its registrar’s computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WhoIs queries that result in significant degradation of EarthLink’s or its registrar’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, EarthLink reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. EarthLink will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. EarthLink further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic. + +13.14 Suspension, Cancellation, Transfer + +You acknowledge and agree that EarthLink may suspend or cancel your use of the EarthLink Domain Name Registration Service at any time, for any reason, in EarthLink’s sole discretion, including if (i) you materially breach this Agreement (including any applicable additional rule or policy; (ii) you use the domain name registered to you to send unsolicited email advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet; or (iii) your use of your domain name does not comply with applicable local, state, national and international laws, rules and regulations. + +You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that EarthLink will have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as EarthLink receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration. + +If you contact EarthLink that you do not want EarthLink to renew your domain registration, then the domain name registration will continue until the end of the registration term. You may renew it yourself or transfer the domain name registration to another registrar. + +13.15 Additional Disclaimers, Limitations of Liability and Indemnification regarding the EarthLink Domain Name Registration Service + +In addition to the terms set forth in Section 9, Disclaimers and Limitations of Liabilities, and Section 10, Indemnification, the following disclaimers, limitations of liability and indemnification terms apply to the EarthLink Domain Name Registration Service. + +EARTHLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. + +You agree to notify EarthLink of any claim or potential claim against your domain name, including, but not limited to, the initiation of a dispute under UDRP, within five (5) business days of same. In the event that you lose your right to use a domain name used in connection with the EarthLink Web Hosting Service, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform EarthLink immediately and, if applicable, inform EarthLink of the party to whom the domain name is to be transferred and to authorize EarthLink to take any and all action necessary to effect such transfer. + +You agree to defend, indemnify and hold harmless the EarthLink Parties for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand related to (i) your use of the EarthLink Domain Name Registration Service, including, but not limited to, your application for registration or renewal of any domain name registered in your name, (ii) your use of any domain name registered in your name or (iii) the loss of the use of your website due to your lack of response to the verification process within the specified time period. You additionally agree to indemnify, defend and hold harmless the EarthLink Parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, (i) your application for registration of, renewal of, or failure to register or renew, a particular domain name; or (ii) your failure to update your WhoIs Information for accuracy. These indemnification provisions are in addition to any indemnification required under the UDRP or any similar policy. + +**14\. ELECTRONIC COMMUNICATIONS AND PHONE COMMUNICATIONS** + +14.1 Electronic Communications + +You consent to receive notices, documents, disclosures and other communications from EarthLink about your account or the Service (“Communications”) in an electronic format to your Contact Email Address and agree that the Communications provided to you by EarthLink electronically will be deemed a writing. If you do not want to receive Communications from EarthLink electronically or if you withdraw your consent to receive such Communications electronically, then you must stop using the Service. The withdrawal of your consent will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between EarthLink and you prior to the time you withdraw your consent. + +14.2 Phone Calling and Texting + +In addition, you hereby agree that your use of the Service constitutes your express written consent to receive automated and manually dialed calls, text messages and pre-recorded messages at the phone number(s) that you provide EarthLink in connection with your subscription to or use of the Service. Consent to receiving autodialed calls, text messages, and/or pre-recorded messages from EarthLink is not required to purchase products or services from EarthLink. + +14.3 Changing Your Contact Preferences + +You may exercise your option not to receive any marketing communications from and/or automated or manually dialed calls, text messages and pre-recorded messages from EarthLink by going directly to [https://myaccount.earthlink.net/cam/contactinfo.jsp](https://myaccount.earthlink.net/cam/contactinfo.jsp) or calling EarthLink customer service. You also may text STOP in response to any text message from EarthLink to stop receiving text messages from EarthLink. + +**15\. CUSTOMER AND TECHNICAL SUPPORT** + +For online customer support, log in to the EarthLink Web Hosting Control Center or use live chat [http://support.earthlink.net/chat](http://support.earthlink.net/chat). For telephone support call 800-955-0186. + +For specific billing questions, login to myaccount at [https://myaccount.earthlink.net/cam/whlogin.jsp](https://myaccount.earthlink.net/cam/whlogin.jsp). + +EarthLink provides technical support in connection with the features and tools available through the EarthLink Web Hosting Service. + +**16\. GOVERNING LAW** + +This Agreement is governed by Georgia law without regard to conflict of law provisions. + +**17\. DISPUTE RESOLUTION BY BINDING ARBITRATION (INCLUDING IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS)** + +17.1 Summary + +Most subscriber concerns can be resolved by calling 800-955-0186. If EarthLink is unable to resolve your complaint to your satisfaction (or if EarthLink has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. 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 relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, EarthLink will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from EarthLink to at least the same extent as you would be in court. + +In addition, under certain circumstances (as explained below), EarthLink will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what EarthLink has offered you to settle the dispute. + +17.2 Agreement to Arbitrate + +EarthLink and you agree to resolve all disputes and claims between us through binding arbitration by the American Arbitration Association (“AAA”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: + +* Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; +* Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); +* Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and +* Claims that may arise after the termination of this Agreement. + +References to “EarthLink,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services under this Agreement or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court rather than by arbitration if the claim qualifies for small claims court in a location where jurisdiction and venue over EarthLink and you is proper. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. + +You agree that, by entering into this Agreement, you and EarthLink are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. + +17.3 Informal Dispute Resolution Prior to Arbitration + +17.3(1) Notice of Dispute + +A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). A Notice to EarthLink should be addressed to: EarthLink, LLC, 4001 Rodney Parham Rd., Little Rock, AR 72212, Mailstop B1F03-53A, Attn: Legal Department (Arbitration) (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). A Notice to you will be addressed to the billing address that EarthLink has on file for you. + +17.3(2) Settlement Proposals + +The amount of any settlement offer made by EarthLink or you will not be disclosed to the arbitrator in any arbitration between us until after the arbitrator determines the amount, if any, to which you or EarthLink is entitled. + +17.3(3) Failure to Reach Resolution + +If EarthLink and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, you or EarthLink may commence an arbitration proceeding. + +17.4 Commencement of Arbitration + +You may initiate an arbitration by filing a claim form with the AAA and sending a copy of the claim form to EarthLink at the Notice Address. You can access a claim form and directions for filing at the website for AAA, https://www.adr.org. If EarthLink receives notice at the Notice Address that you have commenced arbitration and paid the filing fee to the AAA, it will promptly reimburse you for your payment of the filing fee by check to your address or by credit to your account unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, EarthLink will pay it directly upon receiving a written request from you to the Notice Address.) + +17.5 Arbitration Procedures + +The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org, or by calling the AAA at 800-778-7879. One arbitrator, who is selected under the AAA Rules, will conduct the arbitration. 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 a court to decide. Unless EarthLink and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. + +17.6 Appeal + +If an award issued by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the AAA by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the AAA. The AAA will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel will be final and binding, except for any appellate right which exists under the FAA. If an award issued by the arbitrator does not exceed $75,000, any appeal rights from the award will be governed by the FAA. + +17.7 Arbitration Fees + +Except as otherwise provided for herein, EarthLink will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse EarthLink for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. + +17.8 Awards and Attorney’s Fees + +If the arbitrator issues you an award that is greater than the value of EarthLink’s last written settlement offer made before an arbitrator was selected, or if the arbitrator issues you an award and EarthLink made no settlement offer, then EarthLink will pay you the amount of the award or $2,500 (the “Alternative Payment”), whichever is greater, and pay your attorney, if any, the amount of attorney’s fees incurred, and reimburse any expenses (including expert witness fees and costs) that your attorney, if any, reasonably accrues and documents with specificity for investigating, preparing, and pursuing your claim in arbitration (the “Attorney Fee Award”). + +The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Fee Award at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. + +The right to attorneys’ fees and expenses discussed in this Section 17.8 supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or expenses. Although under some laws EarthLink may have the right to an award of attorney’s fees and expenses if it prevails in an arbitration, EarthLink agrees that it will not seek such an award. + +17.9 Waiver of Class Actions; Limits of Scope of Arbitrator’s Authority + +The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND EARTHLINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EarthLink agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void and all disputes will be heard by a court. + +17.10 Future Changes to Agreement to Arbitrate + +Notwithstanding any provision in this Agreement to the contrary, if EarthLink makes any future change to this arbitration provision (other than a change to the Notice Address) during the term of your subscription with EarthLink, you may reject any such change by sending us written notice to the Notice Address postmarked within 30 days of the date of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language in this Section 17 of this Version dated June 26, 2017. + +17.11 Notice to California Residents + +California residents are entitled to the following information: + +The Services are provided by EarthLink, LLC, 1439 Peachtree Street NE, Atlanta, Georgia 30309. + +Charges may vary depending on the type of Service. + +The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834 or by telephone at 800-952-5210. + +17.12 Survival + +This Section 17 will survive the termination of your Services with EarthLink. + +**18\. REVISIONS TO THIS AGREEMENT** + +EarthLink may revise, amend, or modify this Agreement for any reason by posting the revised version of this Agreement on the EarthLink Website located at [https://www.earthlink.net/about/policies/webhosting.faces](http://www.earthlink.net/about/policies/webhosting.faces). + +The revised version will be effective on the date that it is posted as stated at the end of the revised version. The material changes to this Agreement will be noted in endnotes of the revised version. + +Your continued use of the Services after the date of the revised version constitutes your acceptance of all of the revisions. If you do not agree to the revisions in the revised version, your sole and exclusive remedy will be to terminate your account and use of the Services. + +**19\. MISCELLANEOUS** + +You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of EarthLink, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration provision in Section 17; if that prohibition is found to be unenforceable, the entire DISPUTE RESOLUTION BY BINDING ARBITRATION provision (but only the DISPUTE RESOLUTION BY BINDING ARBITRATION provision) will be null and void and the dispute will be heard by a court. EarthLink may amend or replace such unenforceable provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of EarthLink as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. EarthLink may subcontract any work, obligations or other performance required of EarthLink under this Agreement without your consent. EarthLink will not be liable for delays, damages or failures in performance because of causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity. + +Effective Date: June 20, 2018 + +The following endnote summarizes the material revisions made in this June 20, 2018 version of this Agreement compared to the previous version of this Agreement dated September 30, 2017. + +1 OpenSRS terms and conditions added and incorporated into the Agreement. + +You may cancel your Service only as follows: + +* Telephone Cancellation for EarthLink Services: [888-327-8454](tel:888-327-8454) + +Cancellation will be effective at the end of the billing cycle after your notice is received and processed. + +The links for more details on EarthLink’s cancellation policies are listed below: + +* Cable Internet Service Agreement – Section 8 +* Dial-Up Service Agreement\* – Section 10 +* DSL & Home Phone Agreement – Section 11 +* High Speed Internet Agreement\*\* – Section 9 +* Specific Warranty and Cancellation Terms for the EarthLink DSL MODEM – Section 10 +* Specific Warranty and Cancellation Terms for the EarthLink Freestanding DSL Modem Provided by AT&T – Section 11 +* Specific Installation, Warranty and Installation Terms for the HyperLink Equipment – Section 12 + +Home Networking Agreement – Section 7 + +Online Backup Agreement – Section 9 + +Web Hosting Service Agreement – Section 5 + +\*The Dial-Up Service Agreement includes EarthLink Dial Up, PeoplePC Dial Up, and EarthLink and PeoplePC software and tools associated with the Dial-Up Service except that Home Networking and Online Backup have their own Service Agreements. + +\*\*The High Speed Internet Agreement includes Residential DSL, Freestanding DSL, HyperLink High Speed and EarthLink and PeoplePC software and tools associated with one of these High Speed services except that Home Networking and Online Backup have their own Service Agreements. + +EarthLink, LLC (“EarthLink,” “we,” “us,” or “our”) believes that reasonable network management practices are necessary for EarthLink to provide all our EarthLink customers, including broadband access customers, with award winning Internet services. EarthLink uses a variety of tools and methods to manage our network, including managing any network congestion, and promptly addressing security concerns. Our industry standard network management practices help us protect our network and our customers from harmful online activity (like spamming, viruses and phishing) and help ensure compliance with our Service Agreements, Privacy Policy and Acceptable Use Policy (“AUP”), which are available at [www.earthlink.net/tcs](http://www.earthlink.net/tcs). + +The following includes information regarding the network management practices that EarthLink may employ and the performance characteristics of the Internet services we provide. The information is intended for current and prospective customers of our services. Nothing in this document changes your rights and obligations, or ours, under our terms of service associated with the applicable products, the AUP, or our Privacy Policy. This document and the information contained in it are provided for informational purposes only and may be changed at any time, without notice. + +**1\. Network Management Practices** + +EarthLink continuously monitors its network with the goal of providing all our customers with full access to all the lawful activities, content, applications and services that our customers seek on the Internet. Like other networks that make up the Internet, EarthLink’s network is a shared network, which means that the transmission links and other network resources used to provide Internet services are shared among EarthLink’s customers, as well as among the various services offered by EarthLink. Temporary congestion may occur when a large number of customers in a concentrated area access the network at the same time or when some customers consume a very large amount of network capacity during busy periods, during peak usage times, or during planned network maintenance. When we find network congestion that may impact our customers’ use of our services, we work to alleviate the congestion by obtaining more capacity to support our customers. + +EarthLink does not favor certain websites or Internet applications by blocking or throttling lawful Internet traffic on the basis of content, application, service, user, or use of nonharmful devices on its broadband Internet access services. + +In its provision of broadband Internet access services, EarthLink does not directly or indirectly favor some traffic over other traffic in exchange for consideration from a third party or to benefit an affiliate, except to address the needs of emergency communications, law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law. + +EarthLink does not restrict our customers by protocol, application, ports or devices except to protect our network and our customers. EarthLink reserves the right, however, to employ network management practices to prevent congestion and certain harmful or illegal activity including, without limitation, the distribution of viruses or other malicious code (e.g., botnets) or the transfer of child pornography or other unlawful content (e.g., Digital Millennium Copyright Act/DMCA violations). + +EarthLink uses various tools and methods to protect the security of our network and, in turn, our customers. We have implemented several network-based security tools designed to identify and block malicious activity. We monitor for unusual login, firewall and other specific malicious network activity on our network. To try to reduce the delivery of spam emails to our customers, we check inbound email against several third-party reputation services. In order to combat distributed Denial of Service (DDoS) attacks, EarthLink employs various practices which may include temporarily blocking certain incoming traffic into our network if we detect malicious activity or traffic volumes that exceed certain baseline metrics, or if the source of the traffic is potentially harmful to our customers or known to be associated with illegal behavior. We may block ports and Internet Protocol addresses and cancel or suspend customer accounts that are used to host malicious websites, send phishers or spam, launch malicious attacks, or attempt to steal customer information. In order to maintain the integrity of our network and our security programs, we do not disclose the specific details about our security tools and methods. EarthLink reserves the right both to modify these practices, as well as to employ other reasonable network management practices in its discretion and in accordance with law as may be necessary and effective to enable the optimum operation of its network to deliver its services. + +In addition, we offer our customers various security tools for the customers’ own use. Information on these security tools is available at [www.earthlink.net/security-and-tools/](http://www.earthlink.net/security-and-tools/). + +**2\. Third Party Network Practices** + +In order to provide high speed Internet access service to our customers, we use the Internet access services of various third parties. We work with these third parties in an effort to provide our customers with robust services. These third parties may have network management practices of their own that differ from EarthLink’s practices. If you have any questions or would like information about the network management practices of any third party that helps EarthLink provide high speed Internet access to you, please contact us or go to the third party websites listed in Section 3 below. To contact EarthLink Customer Service via telephone or live chat go to [www.earthlink.net/contact/](http://www.earthlink.net/contact/). + +**3\. Performance Characteristics** + +EarthLink offers its customers many mass market Internet access service options, each of which may have a different service capability speed. EarthLink services and plans range from speed tiers of up to 3 megabits per second (“Mbps”) to up to 1 gigabit per second (“Gbps”). But not all speed tiers are available in every geographic areas. Customers should call [866-383-3080](tel:866-383-3080) to check availability. Like all other ISPs, EarthLink advertises its speeds as “up to” a specific level based on the tier of service to which a customer subscribes. The “actual” speed a customer experiences may vary based on a number of factors and conditions. As described above, EarthLink provides high speed Internet access service, in part, by using the DSL and fiber Internet access services of various third parties. The performance of EarthLink’s high-speed Internet access services, including the speed and latency of these services, depends on the performance of these third party networks and on many factors outside the control of EarthLink and its third party providers. Such factors may include the quality of your home network and inside wiring, the type of connection between a customer’s Internet connected device and modem, the number and types of devices being used, and simultaneous usage by multiple users. Consequently, EarthLink does not guarantee the performance of your service on an end-to-end basis. For more information on service speed or to test the speed of your high speed Internet access service go to [support.earthlink.net/articles/dsl/using-a-speed-test-tool.php](https://support.earthlink.net/articles/dsl/using-a-speed-test-tool.php) + +Information on the network management practices and performance characteristics of our third party Internet access service providers is available on their websites: + +* AT&T: [www.att.com/broadbandinfo](https://www.att.com/broadbandinfo) +* CenturyLink: [www.centurylink.com/Pages/AboutUs/Legal/InternetServiceManagement/](https://www.centurylink.com/Pages/AboutUs/Legal/InternetServiceManagement/) +* MegaPath: [www.megapath.com/megapath/assets/File/PDF/Legal/MP\_Network-Management-Disclosure.pdf](https://www.megapath.com/megapath/assets/File/PDF/Legal/MP_Network-Management-Disclosure.pdf) +* Time Warner Cable: [help.twcable.com/description\_of\_network\_management\_practices.html](https://help.twcable.com/description_of_network_management_practices.html) +* Verizon: [www22.verizon.com/terms/networkmanagementguide/](https://www22.verizon.com/terms/networkmanagementguide/) + +In addition, the Federal Communications Commission (“FCC”) has released studies and reports on the performance of certain nationwide residential DSL, cable, fiber and satellite broadband services in the United States, including most of the third parties that help EarthLink provide high speed Internet access service. The studies examined and reported on the service offerings of the largest DSL, cable, fiber and satellite broadband providers using automated, direct measurements of broadband service performance delivered to the homes of thousands of volunteers. For more information on the FCC studies and reports and the most recent performance data go to [www.fcc.gov/measuring-broadband-america](https://www.fcc.gov/measuring-broadband-america). + +**4\. Commercial Terms** + +In general, EarthLink does not place usage limits on our high-speed Internet access services. However, certain third-party cable Internet access service providers that EarthLink uses may limit the amount of data that customers can upload or download per month. More information on these limits can be found in EarthLink’s Internet Service Agreement, which can be found at [www.earthlink.net/tcs/](http://www.earthlink.net/tcs/). + +For information on all our high-speed products and services, including pricing and available speeds, please go to [www.earthlink.net/](http://www.earthlink.net/). Please note our high-speed product and service offerings vary by region, may change over time, and may be subject to limited time promotional rates and conditions. Our high-speed products and services are governed by our policies and agreements, including our Privacy Policy, which can be found at [www.earthlink.net/tcs/](http://www.earthlink.net/tcs/). + +To contact EarthLink with any questions or concerns about its network management practices or any other issues please call us at [888-327-8454](tel:888-327-8454). + +Dated: February 1, 2021 + +**AUTHORIZATION** + +By entering my password and clicking on “Confirm” at the bottom of this page, I authorize EarthLink, LLC **(“EarthLink“)** to initiate electronic recurring automated clearing house debit entries, debit or credit card payments **(“Payment Method“)** for the monthly Internet access fees and any other monthly or ancillary charges or taxes associated with my EarthLink account from my designated Payment Method in accordance with this agreement **(“Automatic Payments Authorization”)**. I further authorize EarthLink to process any refund or other credit to me to my designated Payment Method. I understand that EarthLink will continue to electronically deduct or charge my designated Payment Method each month unless I cancel my authorization at least three (3) business days before the next scheduled payment date, as further described in the Revoking My Automatic Payments Authorization below. + +**PAYMENT DUE DATE** + +I understand that EarthLink will initiate the electronic debit or credit charge each month on the payment due date of my EarthLink account as shown on my monthly billing statement. The amount debited or charged will be the then-current balance on my account. + +I ACKNOWLEDGE THAT EARTHLINK SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT I MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH MY ACCOUNT IS DEBITED OR CHARGED. + +**PAYMENT METHOD INFORMATION** + +I understand that I am responsible for providing EarthLink with valid and accurate Payment Method information. I agree to notify EarthLink of any change to my Payment Method. I understand that failure to do so may result in denied credit or debit payments, and cancellation by EarthLink of my Automatic Payments Authorization. + +**UNAVAILABILITY OR INSUFFICIENT FUNDS** + +If a payment is not honored or is returned for any reason, including for insufficient funds, I understand that EarthLink may terminate my Automatic Payments Authorization and I will be responsible for making alternative payment arrangements. EarthLink is not liable for any fees assessed by my bank or card issuer in connection with my use of my designated Payment Method (such as an insufficient funds, over-limit or overdraft fees). I understand that I am still responsible for the timely payment of the related invoice, any fees applied by my bank or card issuer, and any returned item fees charged by EarthLink. + +**REVOKING MY AUTOMATIC PAYMENTS AUTHORIZATION** + +I acknowledge that this Automatic Payments Authorization for recurring electronic payments will remain in full force and effect until I notify EarthLink that I want to revoke this authorization by (i) changing my billing method under “My Account” at myaccount.earthlink.net, or (ii) mailing a written statement expressly revoking this authorization to EarthLink Customer Service, 980 Hammond Drive NE Suite 400, Atlanta, Georgia 30328. I understand that EarthLink requires at least three (3) business days before the scheduled payment due date shown on my monthly billing statement for the month in which my request is made to discontinue my Automatic Payments Authorization. I acknowledge that if my cancellation request is submitted after this time, the cancellation may not take effect until the following billing cycle for my monthly billing statement. + +**WHAT HAPPENS AFTER REVOCATION OR CANCELLATION** + +Upon the revocation or cancellation of my Automatic Payments Authorization, my bill payment method will automatically revert to “Pay by Check” unless I specify an alternative bill payment method under “My Account” at myaccount.earthlink.net. If I allow my bill payment method to revert to “Pay by Check,” I understand that EarthLink will charge a processing fee each time I pay my monthly billing invoice. In order to avoid this processing fee, I must select an alternate bill payment method under “My Account” before the end of the billing cycle associated with the revocation or cancellation of my Automatic Payments Authorization. + +* * * + +**Note to you from EarthLink:** + +It is recommended that you print a copy of this Automatic Payments Authorization and maintain it for your records. Earthlink reserves the right to change these terms or terminate this Automatic Payments Authorization at any time. These terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your EarthLink account or any EarthLink services you receive or other agreements you may have with EarthLink. + +As part of its commitment to comply with federal and state laws and regulations, EarthLink, LLC (“EarthLink”) instituted the following Do Not Call Policy which applies to the consumer Internet access and related services offered by EarthLink under both the EarthLink and PeoplePC brands: + +* EarthLink maintains an internal Do Not Call list (“EarthLink Do Not Call List”) that includes the telephone numbers of customers and potential customers who have directly requested to EarthLink, or its telemarketing vendors, that they not receive telephone sales calls from EarthLink. EarthLink has procedures to prevent telephone sales calls for EarthLink consumer products or services from being made by or on behalf of EarthLink to telephone numbers on the EarthLink Do Not Call List. +* To have your residential telephone number placed on the EarthLink Do Not Call List, you may call EarthLink Customer Support at 888-327-8454 or mail your request to the EarthLink Do Not Call Administrator / George Vetrano, EarthLink, LLC, 1439 Peachtree St. NE, Atlanta, GA 30309. +* Please include your name and the ten digit telephone number you want included on the EarthLink Do Not Call List. If you have multiple telephone numbers, please tell us all the telephone numbers that you want placed on the EarthLink Do Not Call List. If your information changes, please notify us of the new name and telephone number(s). +* In some cases it may take up to 10 days, but in no case longer than 30 days, from our receipt of your request for your telephone number(s) to be added to the EarthLink Do Not Call List. This record will be retained for five (5) years unless you ask to be removed from the EarthLink Do Not Call List. To prevent EarthLink telephone sales calls after five years, you will need to submit a new request to EarthLink. +* The Federal Trade Commission offers a free service to consumers that allows them to place their residential telephone number(s) on the National Do Not Call Registry. You may add your residential telephone number(s) to this list either by calling 888-382-1222 or through the internet at [www.donotcall.gov](http://www.donotcall.gov/). Under the federal Do Not Call Rules, telephone sales calls to a consumer with whom EarthLink has an established business relationship are permitted unless the consumer has asked to be included on the EarthLink Do Not Call List. +* EarthLink trains its employees and agents whose duties involve placing telephone sales calls to comply with the provisions of the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rules, applicable state regulations, the use of the EarthLink Do Not Call List and this EarthLink Do Not Call Policy in performing their duties. +* The EarthLink Do Not Call List restricts telephone sales calls from EarthLink only. EarthLink may continue to contact its customers by telephone for non-solicitation purposes including, but not limited to, service-related issues, surveys, billing, and other non-sales topics. + +Version: 9-30-2017 + +EarthLink, LLC (“EarthLink”, “nosotros” o “nuestro”) considera que se necesitan prácticas razonables de gestión de redes para que EarthLink pueda proporcionarles servicios de internet galardonados a todos nuestros clientes de EarthLink, incluidos los clientes de acceso de banda ancha. EarthLink utiliza una variedad de herramientas y métodos para administrar nuestra red, incluida la gestión de cualquier congestión en la red, y para abordar con prontitud los problemas de seguridad. Nuestras prácticas de gestión de la red estándar de la industria nos ayudan a proteger nuestra red y a nuestros clientes de actividades dañinas en línea (como correos no deseados, virus y fraude electrónico) y ayudan a asegurar el cumplimiento de nuestros acuerdos de servicio, la Política de Privacidad y la Política de Uso Aceptable, que están disponibles en [www.earthlink.net/tcs](http://www.earthlink.net/tcs). + +A continuación se incluye información sobre las prácticas de gestión de la red que EarthLink puede emplear y las características de rendimiento de los servicios de internet que proporcionamos. La información está destinada a los actuales y potenciales clientes de nuestros servicios. Nada en este documento cambia sus derechos y obligaciones, o los nuestros, de acuerdo con nuestros términos de servicio asociados con los productos aplicables, la Política de Uso Aceptable o nuestra Política de Privacidad. Este documento y la información que contiene se proporcionan solo con fines informativos y se pueden modificar en cualquier momento, sin previo aviso. + +**1\. Prácticas de la gestión de la red** + +EarthLink supervisa continuamente su red con el objetivo de proporcionarles a todos nuestros clientes acceso completo a todas las actividades, contenido, aplicaciones y servicios legales que nuestros clientes buscan en internet. Al igual que otras redes que componen el internet, la red de EarthLink es una red compartida, lo que significa que los enlaces de transmisión y otros recursos de red utilizados para prestar servicios de internet se comparten entre los clientes de EarthLink, así como entre los diversos servicios que EarthLink ofrece. Puede producirse una congestión temporal cuando un gran número de clientes de una zona concentrada acceden a la red al mismo tiempo o cuando algunos clientes consumen una gran cantidad de capacidad de la red durante los períodos de gran actividad, durante las horas de mayor utilización o durante el mantenimiento previsto de la red. Cuando encontramos una congestión de la red que puede afectar el uso de nuestros servicios por parte de los clientes, trabajamos para aliviar la congestión al obtener más capacidad para apoyar a nuestros clientes. + +EarthLink no favorece ciertos sitios web o aplicaciones de internet al bloquear o limitar el tráfico legal de internet en base al contenido, la aplicación, el servicio, el usuario o el uso de dispositivos no dañinos en sus servicios de acceso a internet de banda ancha. + +En su prestación de servicios de acceso a internet de banda ancha, EarthLink no favorece directa o indirectamente algún tráfico sobre otro tráfico a cambio de una contraprestación de un tercero o para beneficiar a un afiliado, excepto para atender las necesidades de las comunicaciones de emergencia, las fuerzas del orden, la seguridad pública o las autoridades de seguridad nacional, de conformidad con la legislación aplicable o según lo permita la misma. + +EarthLink no restringe a nuestros clientes por protocolo, aplicación, puertos o dispositivos, excepto para proteger nuestra red y a nuestros clientes. Sin embargo, EarthLink se reserva el derecho de emplear prácticas de gestión de redes para prevenir la congestión y ciertas actividades dañinas o ilegales, incluida, entre otras, la distribución de virus u otros códigos maliciosos (por ejemplo, botnets) o la transferencia de pornografía infantil u otros contenidos ilegales (por ejemplo, violaciones de la Ley de Derechos de Autor de la Era Digital \[Digital Millennium Copyright Act, DMCA\]). + +EarthLink utiliza varias herramientas y métodos para proteger la seguridad de nuestra red y, a su vez, de nuestros clientes. Hemos implementado varias herramientas de seguridad basadas en la red diseñadas para identificar y bloquear actividades maliciosas. Supervisamos la entrada inusual, el cortafuegos y otras actividades maliciosas específicas de nuestra red. Para tratar de reducir la entrega de correos electrónicos no deseados a nuestros clientes, verificamos el correo electrónico entrante contra varios servicios de reputación de terceros. Para combatir los ataques de denegación de servicio distribuidos, EarthLink emplea varias prácticas que pueden incluir el bloqueo temporal de cierto tráfico entrante en nuestra red si detectamos actividad maliciosa o volúmenes de tráfico que exceden ciertas métricas de referencia o si la fuente del tráfico es potencialmente dañina para nuestros clientes o se sabe que está asociada con un comportamiento ilegal. Podemos bloquear puertos y direcciones de protocolo de internet y cancelar o suspender las cuentas de los clientes que se utilicen para alojar sitios web maliciosos, enviar fraude electrónico o correo no deseado, lanzar ataques maliciosos o intentar robar información de los clientes. Con el fin de mantener la integridad de nuestra red y nuestros programas de seguridad, no revelamos los detalles específicos sobre nuestras herramientas y métodos de seguridad. EarthLink se reserva el derecho de modificar estas prácticas así como de emplear otras prácticas razonables de gestión de la red según su criterio y de acuerdo con la ley, según sea necesario y efectivo para permitir el funcionamiento óptimo de su red para la prestación de sus servicios. + +Además, les ofrecemos a nuestros clientes varias herramientas de seguridad para su propio uso. La información sobre estas herramientas de seguridad está disponible en [www.earthlink.net/software/staysafe.faces](http://www.earthlink.net/software/staysafe.faces). + +**2\. Prácticas de redes de terceros** + +Con el fin de proporcionarles a nuestros clientes un servicio de acceso a internet de alta velocidad, utilizamos los servicios de acceso a internet de varios terceros. Trabajamos con estos terceros en un esfuerzo por proporcionarles a nuestros clientes servicios robustos. Estos terceros pueden tener prácticas de gestión de redes propias que difieren de las prácticas de EarthLink. Si tiene alguna pregunta o desea conocer sobre las prácticas de gestión de redes de cualquier tercero que ayude a EarthLink a proporcionarle acceso a internet de alta velocidad, póngase en contacto con nosotros o visite los sitios web de terceros que se enumeran en la sección 3 a continuación. Para comunicarse con el Servicio de Atención al Cliente de EarthLink por teléfono o por chat en vivo, visite [www.earthlink.net/contact-us/](http://www.earthlink.net/contact-us/). + +**3\. Características del rendimiento** + +EarthLink les ofrece a sus clientes muchas opciones de servicio de acceso a internet para el mercado de masas, cada una de las cuales puede tener una velocidad de servicio diferente. Los servicios y planes de EarthLink van desde niveles de velocidad de hasta 3 megabits por segundo (“Mbps”) hasta 1 gigabit por segundo (“Gbps”). Sin embargo, no todos los niveles de velocidad están disponibles en todas [888-327-8454](tel:888-327-8454) las áreas geográficas. Los clientes deben llamar al para comprobar la disponibilidad. Como todos los demás proveedores de servicios de internet, EarthLink anuncia sus velocidades como hasta un nivel específico basado en el nivel de servicio al que se suscribe el cliente. La velocidad real que experimenta un cliente puede variar en función de una serie de factores y condiciones. Como se ha descrito anteriormente, EarthLink presta un + +servicio de acceso a internet de alta velocidad, en parte, utilizando los servicios de acceso a internet por DSL y por cable de diversos terceros. El rendimiento de los servicios de acceso a internet de alta velocidad de EarthLink, incluidas la velocidad y la latencia de esos servicios, depende del rendimiento de esas redes de terceros y de muchos factores que escapan al control de EarthLink y de sus terceros proveedores. Entre esos factores pueden figurar la calidad de la red doméstica y del cableado interno, el tipo de conexión entre el dispositivo conectado a la internet de un cliente y el módem, el número y los tipos de dispositivos que se utilizan y el uso simultáneo por parte de varios usuarios. Por consiguiente, EarthLink no garantiza el rendimiento de su servicio de extremo a extremo. Para obtener más información sobre la velocidad del servicio o para probar la velocidad de su servicio de acceso a internet de alta velocidad, visite [support.earthlink.net/articles/dsl/using-a-speed-test-tool.php](https://support.earthlink.net/articles/dsl/using-a-speed-test-tool.php) [888-327-8454](tel:888-327-8454) + +La información sobre las prácticas de gestión de la red y las características de rendimiento de nuestros proveedores de servicios de acceso a internet de terceros está disponible en sus sitios web: + +* AT&T: [www.att.com/broadbandinfo](https://www.att.com/broadbandinfo) +* CenturyLink: [www.centurylink.com/Pages/AboutUs/Legal/InternetServiceManagement/](https://www.centurylink.com/Pages/AboutUs/Legal/InternetServiceManagement/) +* Verizon: [www22.verizon.com/terms/networkmanagementguide/](https://www22.verizon.com/terms/networkmanagementguide/) + +Además, la Comisión Federal de Comunicaciones (Federal Communications Commission, FCC) ha publicado estudios e informes sobre el rendimiento de ciertos servicios residenciales de banda ancha DSL, cable, fibra y satélite en Estados Unidos, incluida la mayoría de los terceros que ayudan a EarthLink a proporcionar el servicio de acceso a internet de alta velocidad. Los estudios examinaron e informaron sobre las ofertas de servicios de los mayores proveedores de DSL, cable, fibra y banda ancha por satélite utilizando mediciones automatizadas y directas del rendimiento de los servicios de banda ancha prestados en los hogares de miles de voluntarios. Para obtener más información sobre los estudios e informes de la FCC y los datos de rendimiento más recientes, visite [www.fcc.gov/measuring-broadband-america](https://www.fcc.gov/measuring-broadband-america). + +**4\. Términos comerciales** + +En general, EarthLink no pone límites de uso a nuestros servicios de acceso a internet de alta velocidad. Sin embargo, ciertos proveedores de servicios de acceso a internet por cable de terceros que utiliza EarthLink pueden limitar la cantidad de datos que los clientes pueden cargar o descargar por mes. Puede encontrar más información sobre estos límites en el Acuerdo de Servicios de Internet de EarthLink, que está disponible en [www.earthlink.net/tcs/](http://www.earthlink.net/tcs/). + +Para obtener información sobre todos nuestros productos y servicios de alta velocidad, incluidos los precios y las velocidades disponibles, visite [www.earthlink.net/](http://www.earthlink.net/). Tenga en cuenta que nuestras ofertas de productos y servicios de alta velocidad varían según la región, pueden cambiar con el tiempo y pueden estar sujetas a tarifas y condiciones promocionales por tiempo limitado. Nuestros productos y servicios de alta velocidad se rigen por nuestras políticas y acuerdos, incluida nuestra Política de Privacidad, que se puede encontrar en [www.earthlink.net/tcs/](http://www.earthlink.net/tcs/). + +Para comunicarse con EarthLink por cualquier pregunta o inquietud acerca de las prácticas de gestión de redes o cualquier otro asunto, llámenos al [888-327-8454](tel:888-327-8454). + +Fecha de entrada en vigencia: febrero 1, 2021 \ No newline at end of file