Terms & Conditions
Concord Light Terms and Conditions for Broadband Service
SERVICE OFFERINGS AND PLANS
Broadband service (“Service”) is available to residents and businesses in the Concord Municipal Light Plant (“Concord Light”) service area. Service is subject to availability, and there are some areas of Concord that are not served. Decisions by Concord Light regarding the availability of Service are final. Information regarding Concord Light Service offerings and plans is available on the Service Plans and Pricing page of Concord Light’s website: www.ConcordMA.gov/Broadband Service shall be subject to the following terms and conditions:
- Two-year minimum Service term;
- Payment of Installation Fees in addition to the monthly charges. Residential customers will be charged a $150 fee for a single installation of Concord Light's broadband equipment, including electronics and fiber optic cabling. Additional charges will apply to relocate this equipment. Installation charges for non-residential customers shall be based on labor and material costs. The Customer shall provide unobstructed access for the installation of service, including restraining all pets or other hazards;
- Installation of conduit is at Customer’s sole expense in accordance with Concord Light’s specifications, if none is available;
- Commercial customers having been billed on the basis of labor and material charges will not be subject to a service term.
- No hosting of commercial web and email servers on residential service;
- Termination of Service by Concord Light if any payment remains outstanding for more than 30 days. A reconnection fee of $50.00 will be charged for any Service disconnected due to non-payment;
- Electronic equipment is and shall remain property of Concord Light;
- Customer shall be subject to a $400 fee for damaged equipment or if the Customer fails to permit Concord Light to remove its equipment upon termination of Service;
- Service and fees will be billed on a monthly basis as part of Concord Light's billing cycle, and to the extent permitted by law or regulation, such charges shall be included as a line item on the Customer's electric bill. Customer’s electric service shall not be affected by the failure to pay any charges for broadband services when due;
- Customers that do not have active service with Concord Light will need to establish an account prior to installation of Service. All Concord Light’s requirements for new service must be met in order to establish an account. Concord Light may require the payment of a security deposit prior to initiating Service.
ALL SERVICE OFFERINGS, PLANS, PRICING, AND TERMS OF SERVICE ARE SUBJECT TO CHANGE AT CONCORD LIGHT’S DISCRETION. THE CUSTOMER AGREES TO ABIDE BY ALL OTHER TERMS AND CONDITIONS AND PRICING AS SET FORTH IN CONCORD LIGHT’S PUBLISHED SERVICE PLANS.
1. Acceptance of Terms through Use of Services
2. Proprietary Rights and Grant of Limited License
Concord Light provides access to information, communications, software, photographs, video, graphics, music, sounds and other material and services located both on Concord Light’s computer servers and other services on the Internet ("Content"). Such Content may be protected by copyrights, trademarks, other intellectual property rights, and other proprietary rights ("Rights") of independent third parties. The User agrees that use of such Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners and/or licensors of the Rights in such Content. The User agrees not to post or transmit Content that is subject to another party's Rights, on or through the Services, without that party's express written permission, when such permission is required by law or agreement.
The User also agrees that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries) the User is requesting Concord Light to make that material available to other Internet users and the User understands that such access will result in copies of User’s Content being transmitted to others. In order to permit Concord Light to publish such Content, the User automatically grants, and represents and warrants that the owner of the rights in any such Content, has expressly authorized the User to grant, Concord Light a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to Service subscriber's request. The User further warrants and represents that use of User’s Content will not infringe or violate the rights of any third party.
3. Third Party Sites
User acknowledges that the Services may produce automated search results or otherwise link the User to other sites on the Internet. These sites may contain Content that some people may find inappropriate or offensive. These other sites are not under the control of Concord Light , and you acknowledge that Concord Light is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Concord Light.
4. Liability for Violations and Misuse of Services
5. Limitation of Liability for Use of Services
Concord Light does not warrant that use of the Services will be free from interruptions or defects. Concord Light shall not be liable for any injuries or damages arising from Customer’s use of the Services, except to the extent caused solely by Concord Light’s own gross negligence or willful misconduct. In no event shall Concord Light be liable for any indirect, incidental, special, or consequential losses or damages of any kind arising therefrom.
6. No Warranty or Liability for Content on Concord Light’s Broadband Servers
7. No Warranty or Liability for Security or Integrity of Information
Because the Internet is an inherently open and insecure means of communication, any data or information the User transmits over the Internet may be susceptible to interception and alteration. Concord Light makes no warranty or guarantee regarding, and assumes no liability for, the security and integrity of any data or information the User transmits via the Service, over Concord Light’s network or over the Internet, including any data or information transmitted via any server designated as “secure.” Users are responsible for taking appropriate measures to safeguard their Internet communications.
8. Monitoring of Electronic Mail Messages and Disclosure of Information
Concord Light does not intentionally monitor private electronic mail messages sent or received by Users for content unless required to do so by law or governmental authority, or when deemed necessary by Concord Light for purposes of public safety. Concord Light may monitor its Services electronically for purposes of determining whether its facilities, Services or network are operating satisfactorily. Use of the Services shall constitute the User’s consent and authorization for Concord Light to monitor its Services and network for such purposes.
The User acknowledges that Concord Light observes and complies with all applicable federal and state laws, including providing notice to the National Center for Missing and Exploited Children or other designated agencies, and intends to cooperate with law enforcement agencies or officials in investigating claims of illegal or inappropriate activity. Concord Light may disclose information, including but not limited to, information concerning a User, a User’s use of the Services, a transmission made using Concord Light’s network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request or directive. Concord Light assumes no obligation to inform the User that User-specific information has been provided to any person or entity. Concord Light may disclose User information or information transmitted over Concord Light’s network where necessary to protect Concord Light and others from harm, or when such disclosure is necessary for the proper operation of the system, as determined by Concord Light in its sole discretion.
9. Disclaimer of Warranties of Merchantability and Fitness for a Particular Purpose
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE EXTENT ALLOWED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
10. Limitation on Damages
TO THE EXTENT ALLOWED BY LAW, CONCORD LIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES ONLY TO THE EXTENT OF CONCORD LIGHT’s LIABILTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONCORD LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. User Responsibilities
12. Prohibited Activities
The User shall be prohibited from using the Services to engage in any of the following activities or as otherwise in violation of any federal, state, or local civil or criminal law, regulation, or court or administrative order or directive:
a. Unauthorized Solicitations and Spamming: — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”), or chain letters or any other form of unauthorized solicitation is prohibited. Spamming includes receiving replies from unsolicited e-mails (i.e., “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third-party e-mails for forwarding (i.e., “open mail relay”). Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e-mail messages through a “verified opt-in” process. Any User that sends bulk e-mail messages must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and shall immediately provide Concord Light with such records upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users also are prohibited from using the service of another provider to send spam in order to promote a site hosted on or connected to the Services. Users shall not use the Services in order to send e-mail messages that are 1) excessive and/or intended to harass or annoy others, 2) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, 3) send e-mails with forged TCP/IP packet header information, or 4) send malicious e-mail, including, without limitation, “mailbombing”. Users shall not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest e-mail addresses from the Internet for that purpose. Users shall not sell or distribute lists of harvested email addresses for the purpose of “opt-out” e-mail.
b. Intellectual Property and Privacy Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents or that violates privacy, publicity, or other personal rights of others is prohibited. Concord Light will process and investigate reports of alleged infringement and will take appropriate actions, including but not limited to removing or blocking access to content, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
c. Obscene Speech or Materials — Transmitting, distributing or storing of any material in violation of any applicable law or regulation is prohibited. Using the Services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Concord Light does not prohibit any material allowed by law or protected by the First Amendment to the United States Constitution. Concord Light will notify law enforcement agencies if it becomes aware of the presence or transmission of child pornography on or through the Services or Concord Light’s network.
d. Defamatory or Abusive Language or Content – Using the Services to transmit or post any material, including text, sounds or images, that may be defamatory, harassing, abusive, fraudulent, tortious, unlawful, threatening, intimidating, or invasive of an individual’s personal privacy is prohibited. Any use that degrades, threatens, or victimizes an individual, group or class of individuals or an entity, is prohibited.
e. Forging of Headers or Content — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message and forging or misrepresenting any data with false or misleading content is prohibited.
f. Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (known as “hacking”) is prohibited. 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) also is prohibited. Any attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or Concord Light’s network or the computers, services, accounts or networks of any other party (i.e., “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Concord Light IP space is prohibited. Executing any form of network monitoring (i.e., using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the User without proper authorization is prohibited. Also, attempting to circumvent User or Customer authentication or security of any hosts, network, or account (“cracking”) without authorization is prohibited.
g. Exploitation of Vulnerabilities in Hardware or Software for Malicious Purposes –Exploitation of scripts presented on web pages (i.e. forms for answering questions or entering data) is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (e.g., DDOS, SYN Floods or similar attacks) also are prohibited.
h. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Sending viruses or other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of a third party, including worms, Trojan horses, flooding, mail bombing, or denial of service attacks, or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment, or that may be harmful to or interfere with Concord Light’s provision of Services, Concord Light’s network, or any third party’s network, equipment, applications, services or websites also are prohibited.
j. Export Control Violations – Exporting encryption software over the Internet or otherwise in violation of International Traffic in Arms Regulations (“ITAR”), to points outside the United States is prohibited.
k. Phishing and Deceptive Practices— Simulating communications from and/or to a website or other service of another entity in order to collect identity information, credit or bank information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited. Sending or transmitting information that is fraudulent or contains false, deceptive or misleading statements, claims or representations or otherwise engaging in deceptive marketing practices including without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes are prohibited.
l. Pharming — Using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
m. Servers and Proxies — Users may not run on Concord Light’s servers any program which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users are responsible for the security of their own networks and equipment.
n. Solicitation of Minors – Soliciting a minor as defined by applicable law or collecting personal or identifying information from or about any minor (anyone under the age of 18 years old) for any purpose is prohibited.
o. Other Illegal Activities — Engaging in any other activities that are deemed to be illegal, including but not limited to false or deceptive advertising, pyramid schemes, fraudulently charging credit cards, and pirating software is prohibited.
13. Duty to Indemnify
14. Complaints or Reports of Misuse of Services or Violations
15. Determination and Consequences of Non-Compliance
16. Choice of Law and Forum
19. Entire Agreement