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Terms and Conditions
Bel Air Internet, as a provider of your Internet access, email accounts, and other Internet-related services, enable you and others using your account to receive and send a great amount of public, private, commercial, and non-commercial information and to interact with a large number of people. Bel Air Internet encourages this free flow of information and the benefits it provides, and so we do not actively monitor your use of the Service under normal circumstances except for measuring the network performance and preparing billing records. This Acceptable Use Policy (AUP) supplements and explains certain terms of the Service Agreement and is intended as a guide to your rights and obligations when using Bel Air Internet’s services. The goals of the Acceptable Use Policy include the following: To ensure reliable service to all of our subscribers. To ensure the security and privacy of our network and the networks and computers of others. To comply with existing federal, state and local laws, ordinances and regulations. To maintain our reputation as a responsible service provider. To encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services. To preserve the value of Internet resources as a conduit for free expression and exchange of information. To preserve the privacy and security of individual subscribers. When you obtain information through the Internet, you must keep in mind that Bel Air Internet cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that you may acquire. For this reason, you must exercise your best judgment about relying on information obtained from the Internet, and you should also be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Furthermore, Bel Air Internet cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When you place information on the Internet, you have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information you create is carried over Bel Air Internet’s network and may reach a large number of people, including other Bel Air Internet subscribers and non-subscribers, postings to the Internet may harm Bel Air Internet’s goodwill, business reputation, and operations. For these reasons, you will be held in violation of the Acceptable Use Policy and the Service Agreement if you engage in any of the prohibited activities listed below. Although we do not expect any of our subscribers to engage in a prohibited activities, each subscriber is contractually obligated to abide by this Acceptable Use Policy when using the Service and to ensure that others whom they permit to access the Service though their account likewise comply. If your account is used to violate the Acceptable Use Policy, we reserve the right to terminate your account with or without notice. We prefer to advise you of inappropriate behavior and any necessary corrective action, however flagrant violations of the Acceptable Use Policy will result in termination. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Bel Air Internet retains the right to revise, amend, or modify the Acceptable Use Policy, the Service Agreement and other policies and agreements at any time, and any such modification shall be automatically effective for all customers when adopted by Bel Air Internet. 1. Lawful Use You must use the Service in strict accordance with all federal, state and local laws, ordinances and regulations. You may not use the Service to assist any other person or entity to violate any federal, state or local laws, ordinances or regulations. For example, prohibited activities may include but are not limited to: transmittal of unlawful content, intentionally spreading computer viruses, gaining or attempting to gain unauthorized access to any network, including Bel Air Internet’s network infrastructure, conducting or participating in illegal gambling, and soliciting for “pyramids” or other illegal schemes. Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements; material which violates the privacy rights or property rights of others (copyrights, trademarks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities); and exporting encryption software over the Internet or otherwise to points outside the United States. Bel Air Internet is required by the Digital Millennium Copyright Act (DMCA) and other laws to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Bel Air Internet’s policy to terminate the accounts of customers who commit repeat violations of copyright laws. When necessary to properly operate the Service, to protect Bel Air Internet’s rights or the rights of third parties, or as may be required by law, regulation, government agency or court order, we may disclose certain information, including records concerning your account. 2. Network Abuses Consuming excessive network resources. The Service is intended for residental use for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Because the Service operates on shared network resources, you may not use resource intensive programs that negatively impact other subscribers or the performance of Bel Air Internet systems or networks. Using your account for high volume or commercial use is prohibited. Bel Air Internet will notify you if we detect excessive resource consumption through your account, and failure to take corrective action will result in termination of your account. Reselling the Service. Reselling the Service without Bel Air Internet’s written authorization is prohibited. You are authorized to share your connection within you residence, but sharing your connection with other residences is a violation of the Acceptable Use Policy. Servers and Proxies. You may not run on Bel Air Internet’s network any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, file servers, web servers and IRC bots. Unauthorized access. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system is prohibited. Also prohibited is any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). You may not use any of our services not included in your account, nor devise ways to circumvent security in order to access services you are not paying for. Network disruptions and malicious activity. Using the Services for any activity which adversely affects the ability of other people or systems to use the Service or the Internet is prohibited. This includes “denial of service” attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.), and “mail bombing” (i.e. flooding a user or site with large or numerous email messages). 3. Electronic Mail Your Bel Air Internet account gives you the ability to send and receive electronic mail. Misuse of electronic mail includes the following activities: “Spamming” and “Junk Mail.” Sending unsolicited bulk and/or commercial messages or other advertising material, informational announcements, charity requests, petitions for signatures, and political or religious tracts over the Internet to individuals who did not specifically request such material, who were not previous customers of yours, or with whom the you do not have an existing business relationship is prohibited. These activities are harmful because of their negative impact on consumer attitudes toward Bel Air Internet, and because they can overload Bel Air Internet’s network and disrupt service to Bel Air Internet subscribers. Harassment. It is prohibited to use e-mail to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment. Sending any email message containing threatening, obscene, indecent, defamatory content is considered harassment. Forgery or impersonation. It is prohibited to add, remove, or modify identifying network header information in an effort to deceive or mislead. It is also prohibited to impersonate any person by using forged headers or other identifying information. 4. Newsgroups The Service enables you access to thousands of public newsgroups. These newsgroups allow you to read and post messages on a variety of topics. You should use your best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or “community standards” describing what is and is not considered appropriate. Newgroups can be valuable resources if used properly. Please familiarize yourself with basic Usenet netiquette before posting to a newsgroup. Some prohibited newsgroup activities are: the continued posting of off-topic articles, commercial advertisements that are off-topic for the newsgroups, and posting the same or similar messages to large numbers of Usenet newsgroup (spam). 5. Poor Conduct Obscene Speech or Materials. It is prohibited to use Bel Air Internet’s network to advertise, transmit, store, post, display, or otherwise make available pornography, obscene speech and materials, and content that is grossly repugnant to community standards, including blatant expressions of bigotry, racism or hate. Bel Air Internet is required by law to notify law enforcement agencies when it becomes aware of the presence of such content on or being transmitted through Bel Air Internet’s network. Harassment. It is prohibited to use the Service to transmit any material (by email, uploading, posting, or otherwise) that harasses another person or legal entity. Targeting others, with the apparent intention of causing distress, embarrassment, or other discomfort is considered harassment. Examples of this include expressing personal attacks, using defamatory, harassing, abusive, or threatening language, sending more than ten similar messages to the same e-mail address, or sending more than 1MB of data to a newsgroup. Harm to minors. It is expressly prohibited to using the Service to harm, or attempt to harm, minors in any way. Bel Air Internet does not filter any information available on the Internet, and therefore parents or guardians are responsible for setting up site filters and other protections for minors using their account. Commercially-available tools such as SurfControl (www.surfcontrol.com) can limit which sites and content are available to minors. If you allow your children to access the Service, please remind them of the dangers involved when corresponding or communicating with strangers or new acquaintances on the Internet. 6. Third party rules. Through the Service, you may have access to search engines, subscription services, chat areas, bulletin boards, web pages, newsgroups, and other services that disseminate rules, guidelines or agreements to govern their use. You must adhere to any such rules, guidelines or agreements, which may include standards unique for the particular forum. In addition, the use of any software or data in connection with or through the Service must be in accordance with any applicable license agreements. 7. Security. It is prohibited to use the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, Bel Air Internet’s security measures or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data. It is the subscriber’s responsibility to ensure that their home network is configured in a secure manner that denies a third party the capability to use their home network in an illegal or inappropriate manner. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. All violations of this policy that can be traced to an individual account will be treated as the sole responsibility of the owner of that account. We hope the Acceptable Use Policy is helpful in clarifying the obligations of Internet users, including Bel Air Internet and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of the Acceptable Use Policy should be sent to email@example.com. Service Agreement PLEASE READ THIS SERVICE AGREEMENT CAREFULLY AS IT IMPOSES OBLIGATIONS UPON YOU. TOGETHER WITH THE ACCEPTABLE USE POLICY AND THE PRIVACY STATEMENT, IT GOVERNS YOUR USE OF THE INTERNET ACCESS AND OTHER INFORMATION, COMMUNICATION AND TRANSACTION SERVICES COLLECTIVELY CALLED THE “SERVICE” PROVIDED TO YOU BY BEL AIR INTERNET. THIS AGREEMENT, THE ACCEPTABLE USE POLICY, AND THE PRIVACY STATEMENT SUPERSEDE ALL PRIOR COMMUNICATIONS AND AGREEMENTS WITH REGARD TO THIS SUBJECT MATTER. 1. Service 1.1. By completing the enrollment process to become a subscriber of the Service or by using the Service or any software or hardware provided by Bel Air Internet or its suppliers, you agree to accept the terms of this Agreement including the Acceptable Use Policy and the Privacy Statement. Bel Air Internet may change this Agreement at any time by notifying you or by posting the revised Agreement on its website. Each time you (or other people authorized by you) use the Service reaffirms your acceptance of the then-current Agreement. If you do not wish to be bound by the then-current Agreement, you may not access or use the Service. 1.2. You acknowledge that each account provides one connection to the Service. Although you may share the Service among computers in your residence, Bel Air Internet does not provide the equipment, knowledge, or labor to do so. It is solely your responsibility to install and maintain a means of sharing the connection and securing your home network. Bel Air Internet may refer subscribers to independent contractors that provide in-home networking services, but Bel Air Internet does not warrant or guarantee the work performed by any third party, including independent contractors with which Bel Air Internet may hold agreements. 1.3. You acknowledge that Bel Air Internet is not directly affiliated with your community, developers of residences, or homeowner associations in your community. Residence in or ownership of property in the community does not entitle any person to become a subscriber, sustain a subscription, or access the Service. Bel Air Internet decides in its sole discretion who may subscribe to the Service. 1.4. Your service is not transferable if your leave the community, nor is leaving the community grounds for termination of this Agreement. New owners or tenants of a former subscriber’s residence must apply to Bel Air Internet for Service and agree to the terms and conditions of this Agreement. 1.5. Bel Air Internet may discontinue or alter any service level or aspect of the Service at any time, with or without notice, without liability, and in Bel Air Internet’s sole discretion. 2. Your Obligations 2.1. You agree to provide Bel Air Internet with accurate, current, and complete information, to the extent required by Bel Air Internet for registration as a subscriber of the Service or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete. 2.2 You represent and warrant that your are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including minors living with you) and to comply with the responsibilities and obligations as stated in this Agreement. 2.3 If the subscriber is not an individual but a legal entity, the person signing the Agreement hereby represents and warrants to Bel Air Internet that they are duly authorized to execute and deliver this Agreement on behalf of such legal entity to whom the benefit of the Service is being conferred, and that such entity will comply with and be bound by the terms and conditions of this Agreement. 2.4. You agree that you are responsible and liable for any activity by any person who uses your account to access the Service. Other users of your account will be bound by this Agreement as if they were you. You further agree that you are responsible for maintaining the confidentiality of the network passwords and for any liability resulting from disclosure of the passwords. You agree that, upon becoming aware that your account is or possibly is being used without authorization, you will immediately notify Bel Air Internet. 2.5. You agree that Bel Air Internet may establish general, non-discriminatory practices and limits concerning use of the Service. You acknowledge that Bel Air Internet may implement prioritization practices in connection with accessing the Service. You acknowledge that any limits Bel Air Internet establishes may differ for subscribers based on factors determined in Bel Air Internet’s sole discretion, which may or may not include, among others, a subscriber’s chosen service level, specific usage patterns, and geographic location. You also acknowledge that Bel Air Internet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 2.6. You agree that it is your responsibility to ensure that your computer system and software meets current minimum requirements as being necessary to use the Service. From time to time the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access the Service. You are solely responsible for upgrading your computer systems and software to meet the then-current minimum system requirements. 3. Content 3.1. You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials may be accessible through use of the Service. You acknowledge that, as a matter of policy, Bel Air Internet does not pre-screen such materials, but that Bel Air Internet has the right but not the obligation to remove from its servers materials that Bel Air Internet, in its sole discretion, determines to be in violation of the Acceptable Use Policy. You further acknowledge that Bel Air Internet does not have the capability to monitor, review, restrict, edit or remove materials made available by third parties on the Internet, and you agree that your must evaluate and bear all risks associated with the use of any materials, including any reliance on the accuracy, completeness, or usefulness of such materials. The fact that Bel Air Internet provides a link to a particular Web page is not an indication that it endorses that site’s policies or the content or products available from that site. 3.2. You acknowledge that materials available through the Service may be protected by copyright, trademarks, and other intellectual property rights. You agree that use of such materials is governed by all applicable laws and regulations and by any further restrictions placed on such materials by their owners or licensors. You further agree that all liability arriving out of your violation of any such protection or restrictions shall be within the scope of the indemnity set forth in section 7.3. 3.3. You acknowledge that the Service may provide certain public areas (e.g. message boards, newsgroups, forums, and public mailing lists), and that Bel Air Internet is a distributor and not a publisher of information disseminated by persons using the Service. By posting, uploading or transmitting material to any such area, you are requesting Bel Air Internet to make such material available to others, and you are acknowledging that placing such material in a public area will result in copies of such material being transmitted to others. By posting, uploading, or transmitting material to any public area, you (i) grant to Bel Air Internet a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from, such material (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the owner of any rights in the material, including intellectual property rights, has waived such rights and has given you the right to grant the license described above. 4. Fees 4.1. You are solely responsible for any charges to your account and any activities conducted through your account by you or by other persons. By using a credit card or other payment method to pay for any billable portions of the Service, you expressly authorize Bel Air Internet or its agents to charge all fees, applicable taxes, and other charges incurred in connection with your service to the credit card or other payment method you have designated, and such authorization will remain valid while your subscribe to the Service. If you use a credit card and Bel Air Internet does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by Bel Air Internet. You further agree and understand that Bel Air Internet charges by the month, not the day, and there will be not proration for refund of credit of any unused portion of the month. 4.2. If Bel Air Internet does not receive the amount of your account balance within 30 days of the applicable invoice date, an additional 1.5% (or the highest amount permissible by law, if less) per month of the amount outstanding may be added to your invoice as a late charge. You will be liable for all attorney and collection fees arising out of Bel Air Internet’s efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, your must notify Bel Air Internet within 45 days after the date of the relevant account statement from your credit card issuer or financial institution or such amounts will be deemed to have been accepted by you. You agree to release Bel Air Internet from any liability for any error or discrepancy that is reported to Bel Air Internet after such period. 4.3. You acknowledge that the Service is automatically billed each month on or about the first day of each month and will continued to be in the future until you terminate your account according to the termination provisions in section 5. You further acknowledge that subscriptions to the Service will continue and renew automatically, unless terminated by Bel Air Internet or by you under the termination provisions in section 5. 4.4. Bel Air Internet reserves the right at any time to change its fees and charges for use of portions of the Service, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges. 5. Termination 5.1. You understand that you may cancel your Service at any time by sending Bel Air Internet written email notice and must be received by the 25th day of the month for cancellation to be effective as of the first day of the following month. You further agree and understand that Bel Air Internet charges by the month, not the day, and there will not be any proration of days for refund of credit of any unused portion of the month. The email notice must contain the following information: your full name, building and unit, termination date and reason for terminating service. If you signed a term contact or equipment lease agreement, you agree that you are responsible for paying the balance of the subscription and lease termination payment upon termination of the Service and authorize Bel Air Internet to charge your credit card or your direct-debit account for the amount owed to Bel Air Internet. You further agree to return all leased Bel Air Internet equipment within 15 days from the time the Service is canceled. All cancellations must be emailed to firstname.lastname@example.org and will be considered effective only after you have received a confirmation email with cancellation effective date. All cancellations will become effective as of the last day of the month. You agree that there will be no refunds or credits for any unused days of the month. 5.2. You acknowledge that if you are dissatisfied with this Agreement or any terms, policies, or practices of Bel Air Internet in operating the Service, any content available through the Service, or any change to any of the foregoing, your sole recourse is to cancel the Service. 5.3. Bel Air Internet may terminate your access to the Service and to your account at any time, with or without written notice, for non-payment of any fees or charges due under this Agreement or for any other violation of this Agreement or the Acceptable Use Policy. Bel Air Internet may also terminate your access to the service and to your account without cause by notifying you 15 days in advance. Upon termination, you will have no right to continue to use the Service or access any stored content on the Service and any such content will be forfeited. You acknowledge that if an account on the Service is terminated any unread e-mail sent prior to termination may be deleted from the Service. 5.4. Bel Air Internet reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom Bel Air Internet suspects is acting on behalf of someone whose account has been canceled for a violation. Bel Air Internet reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation. Bel Air Internet reserves the right to disconnect or temporarily suspend an account without warning if Bel Air Internet believes in good faith that such disconnection or suspension would prevent or stop a violation of this Agreement. 6. No Warranties 6.1. You agree that your use of the Service is at your sole risk. You acknowledge that although the Service provides access to the Internet, the Internet is not owned, operated, or managed by Bel Air Internet. 6.2. With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, Bel Air Internet (i) has no responsibility or obligation with respect to and does not endorse any information, good or service, (ii) makes no warranties whatsoever express or implied with regard to any information, good or service including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, safety or fitness for a particular purpose, (iii) will not be a party to a transaction between you and any other user of the Service and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. Bel Air Internet does not assume liability to subscribers or others for any failure to enforce the Acceptable Use Policy. 6.3. BEL AIR INTERNET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. BEL AIR INTERNET DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY PARTICULAR SPEED. THE SERVICE, SOFTWARE, AND HARDWARE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY BEL AIR INTERNET, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. 6.4. You acknowledge and agree that by using wireless equipment to connect to our internet your service may be impacted. Such wireless equipment includes but is not limited to microwave ovens, cordless phones, infant monitors, wireless security cameras, wireless routers and other wireless networking equipment. You acknowledge and agree that interference from these devices can affect the speed and quality of your service and that the introduction of such devices in your residence or in the community is beyond Bel Air Internet’s control, and Bel Air Internet is not responsible for any such sources of interference or the effect they have on service speed and quality. 7. Limitation of Liability; Indemnification 7.1. YOU AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH WILL BEL AIR INTERNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUPPLIERS, OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES INCURED BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATIONS OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BEL AIR INTERNET’S RECORDS, PROGRAMS OR SERVICES. BEL AIR INTERNET’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE, HARDWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING THE SOFTWARE OR HARDWARE THAT BEL AIR INTERNET DEEMS TO BE DEFECTIVE OR THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR TWELVE-MONTH PERIOD, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, BEL AIR INTERNET’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7.2. YOU AGREE THAT ALL DISPUTES, CLAIMS, AND CONTROVERSIES BETWEEN YOU AND BEL AIR INTERNET ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH THEREOF (EXCEPT FOR NON-PAYMENT OR LATE PAYMENT AND BREACH OF ANY OBLIGATION OF CONFIDENTIALITY OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT FOR WHICH AN INJUNCTION MAY BE SOUGHT) SHALL BE SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE POWER OF THE ARBITRATOR SHALL BE LIMITED TO THAT POSSESSED BY A SUPERIOR COURT JUDGE IN CALIFORNIA. THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES OR REMEDIES IN EXCESS OF THOSE ALLOWED BY THE PROVISIONS OF THIS AGREEMENT. THE DECISION AND AWARD OF THE ARBITRATOR SHALL BE FINAL, BINDING, AND NOT APPEALABLE, AND JUDGMENT ON THE AWARD SO RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, AND THE AWARD SHALL BE DEEMED TO BE MADE IN CALIFORNIA. 7.3. YOU AGREE TO INDEMNIFY BEL AIR INTERNET FOR ANY VIOLATION OF THIS AGREEMENT, THE ACCEPTABLE USE POLICY, OR APPLICABLE LAW THAT RESULTS IN LOSS TO BEL AIR INTERNET OR THE BRINGING OF ANY CLAIM AGAINST BEL AIR INTERNET BY ANY THIRD PARTY. YOU FURTHER AGREE TO PAY ANY DAMAGES AWARDED AGAINST BEL AIR INTERNET, PLUS COSTS AND REASONABLE ATTORNEY FEES THAT IS A RESULT OF YOUR VIOLATION OF ANY PART OF THIS AGREEMENT OR ACCEPTABLE USE POLICY. 8. Miscellaneous 8.1. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to affect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect. 8.2. This Agreement and its enforcement will be governed by, and construed in accordance with, the laws of the State of California, without regard to conflicts-of-law principles. Subject to section 7.2 above, you consent to the exclusive jurisdiction of the state and federal courts situated in the State of California in connection with any action arising under this Agreement or relating to the Service, and to having any judgment or order from such jurisdiction recognized in any other court, tribunal or other governmental body in order to have the same enforced against you. Any cause of action brought by or on behalf of you with respect to this Agreement, the Service or Software must be commenced pursuant to section 7.2 above within one year after the claim or cause of action arose. Privacy Statement We have created the Bel Air Internet Privacy Statement to explain our privacy practices. When you register for or use the Bel Air Internet Service, you should understand when and how personal information is collected, used, disclosed and protected. We use your personal information for the following purposes: To communicate with you, including promoting the Service and informing you of enhancements to the Service. To serve you when you have questions or problems. To perform normal business operations, such as billing, collection, and accounting. To investigate complaints and protect the Service and our subscribers from violations of the law, the Service Agreement, and the Acceptable Use Policy. We will not sell your personal information to any third parties. When you sign the Service Application, you give Bel Air Internet permission share your contact information with networking contractors and equipment installers we have selected. They will use this information to contact you to arrange for equipment installation and for ongoing service issues. Bel Air Internet requires all third parties to follow our privacy practices when the third party acts solely on our behalf. 1. Information Collected Personal information is information that can be directly associated with a specific person or entity. When you register for the Service you provide personal information such as your name, address, telephone number, e-mail address, and credit card or bank account numbers. This information is not shared with third parties, unless you give explicit permission, or when specifically stated otherwise or in special circumstances below. Your initial and recurring subscription fees are processes by third-party billing companies. We transmit your billing information (such as name, address, credit card number, and amount) to them using secure connections (128-bit SSL encryption) for bill processing. The actual billing is performed on their systems in the same way your other credit card charges are processed. We automatically receive certain types of information whenever you use the Service. For example, the amount of network resources you use, the IP address you are assigned, and the signal strength of your connection. We use this information to improve network speed and reliability and to plan for future network expansion. For security purposes, we identify the hardware address (MAC address) of the wireless network client you use to access the network and deny access to unregistered clients. Please note, however, that Bel Air Internet does not under normal circumstances access, read, upload or store data contained in your private files or monitor the content accessed during your use of the connection. Bel Air Internet recognizes that parents often subscribe to the Service for family use, including for use by minors. Any information collected from such usage will appear to be the personal information of the actual subscriber to the service, and will be treated as such under this Privacy Statement. Furthermore, Bel Air Internet does not knowingly, directly or passively, collect information from children under the age of 13. 2. Network and Information Security We maintain a variety of physical, electronic, and procedural safeguards to guard your personal information and to protect the loss, misuse, and alteration of the information under our control. Also, we restrict access to you personal information to those employees who need to know that information to provide services to you. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally obtaining this information. 3. Special Circumstances Bel Air Internet may disclose information concerning a subscriber or a transmission made using our network in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation (such as the Electronic Communications Privacy Act) or if, in our sole discretion, we believe that it is reasonable to do so to protect Bel Air Internet, our subscribers, and others from harm, where such disclosure is necessary to the proper operation of the system, or to bring legal action against someone who violates our Acceptable Use Policy or Service Agreement. Bel Air Internet assumes no obligation to inform the subscriber that their information has been provided, and in some cases may be prohibited by law from giving such notice. Bel Air Internet will revise or update this Privacy Statement if our practices change as we change existing or add new services. If you have any questions, comments or concerns about this Privacy Statement, please contact email@example.com.