ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
ResellElectricity.com currently provides access to informational and interactive resources relating to electricity service, which may include news, articles, statistics, shopping services, and personalized content (collectively or individually, the ''Service''). Unless explicitly stated otherwise, these TOS will apply to any new features of or enhancements to the current Service. The Service is provided ''AS-IS'' for CUSTOMER use.
When CUSTOMER registers with ResellElectricity.com (“USER.com”), CUSTOMER agrees to provide true, accurate, current and complete information about himself. We have the right to suspend or terminate the CUSTOMER's account and refuse any and all current or future use of the Service (or any portion thereof) if CUSTOMER provides any untrue, inaccurate, not current or incomplete information, or if USER.COM reasonably suspects that CUSTOMER has provided untrue, inaccurate, not current or incomplete information
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (''Content''), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. CUSTOMER is responsible for all Content that it uploads, posts emails, transmits or otherwise makes available via the Service. USER.COM does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. USER.COM shall not be in any way responsible for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
CUSTOMER understands and agrees that the Service may include advertisements and that these advertisements may be necessary for CUSTOMER to provide the Service. CUSTOMER also understands and agrees that the Service may include certain communications from USER.COM, such as service announcements, administrative messages and the USER.COM Newsletter, and that these communications are considered part of USER.COM membership and neither CUSTOMER or prospective CUSTOMER Participants will be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new USER.COM properties, shall be subject to this Agreement. CUSTOMER understands and agrees that the Service is provided ''AS-IS'' and that USER.COM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. CUSTOMER is responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). CUSTOMER is responsible for those fees, including those fees associated with the display or delivery of CUSTOMER advertisements, if any. In addition, CUSTOMER must provide and are responsible for all equipment necessary to access the Service.
CUSTOMER shall be prohibited from using the Service to :
USER.COM may or may not pre-screen Content. However, USER.COM and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, USER.COM and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. CUSTOMER must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
USER.COM may access, preserve and disclose CUSTOMER's account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of USER.COM, its users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by USER.COM and/or content providers who provide content to the Service. CUSTOMER may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
USER.COM does not claim ownership of Content that CUSTOMER submits or makes available for inclusion on the Service. However, with respect to Content that CUSTOMER submits or makes available for inclusion on publicly accessible areas of the Service, CUSTOMER grants USER.COM the following worldwide, royalty-free and non-exclusive license(s), as applicable:
NO RESALE OF SERVICES
CUSTOMER shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
USER.COM may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on USER.COM's servers, and the maximum number of times (and the maximum duration for which) CUSTOMER may access the Service in a given period of time. CUSTOMER acknowledges and agrees that USER.COM reserves the right to log off accounts that are inactive for an extended period of time. USER.COM reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
USER.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
DEALINGS WITH ADVERTISERS
CUSTOMER's correspondence or business dealings with, or participation in promotions of, REPs or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between CUSTOMER and such REP or advertiser. CUSTOMER agrees that USER.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such REPS or advertisers on the Service
DISCLAIMER OF WARRANTIES
CUSTOMER expressly understands and agrees that:
CUSTOMER will indemnify and hold harmless USER.COM and its officers, directors, agents, representatives and employees and its affiliates, their respective officers, directors, agents, representatives and employees, for any costs or expenses of every kind and character, including court costs and attorneys' fees, resulting from claims, including injury to and death of persons, arising from any act, omission, or incident arising directly or indirectly from the performance of its duties under this Agreement
CUSTOMER agrees not to display or use, in marketing, telemarketing, advertising or otherwise, any of USER.COM's or its parent corporation's, subsidiaries' or affiliates' trade names, logos, trademarks, trade devices, service marks, symbols, codes, specifications, abbreviations or registered marks, or contractions or simulations thereof (hereinafter referred to collectively as ''Marks'') and will not permit the same to be used or displayed by third parties, except with USER.COM' s prior written consent or except as required by any applicable law, order, regulation or ruling. CUSTOMER shall not claim ownership or any other rights in USER.COM's Marks.
All information, data, documents and materials provided by USER.COM to CUSTOMER, or acquired or learned by CUSTOMER from USER.COM files, documents, employees, agents, representatives, consultants or contractors in connection with the services of CUSTOMER's performance under this Agreement shall remain the sole and exclusive property of USER.COM, and CUSTOMER shall not obtain any rights whatsoever in any such information, data, documents or materials (whether under applicable patent, copyright, trade secret laws or otherwise).
The Service and any necessary software used in connection with the Service (''Software'') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. CUSTOMER further acknowledges and agrees that Content contained in sponsor advertisements or information presented through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by USER.COM or advertisers, CUSTOMER agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
USER.COM grants CUSTOMER a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that CUSTOMER does not (and does not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. CUSTOMER agrees neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. CUSTOMER agrees not to access the Service by any means other than through the interface that is provided by USER.COM for use in accessing the Service.
RELATIONSHIP OF THE PARTIES
CUSTOMER, in providing the services and obligations set forth herein, is acting as an independent contractor and not as USER.COM's agent, partner or employee and has no fiduciary or similar relationship with USER.COM. Accordingly, nothing in this Agreement is intended or will be construed to constitute or imply a joint venture, partnership, association or fiduciary duty, obligation or liability between USER.COM and CUSTOMER.