>>Servers ARE prohibited. Deal with it.
>>It you aren't happy about
>>it, go with DSL. Oh, incidentally, here's the current AT&T Broadband Service Agreement, which DOESN'T even mention SERVERS at all. Nor does any other "electronically posted" policy.
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This AT&T Road Runner Service Subscription Agreement (the "Agreement") sets forth the terms and conditions under which MediaOne of Colorado, Inc. and MediaOne of Michigan, Inc. and its Affiliates now known as AT&T Broadband ("AT&T") will provide AT&T Road Runner Service (the "Road Runner Service") to You.
1. THE SERVICE.
1.1 The Road Runner Service consists of a package of content, graphical user interfaces and software tools, and other materials and services, currently known as AT&T Road Runner which is co-branded with and incorporates national content developed by a related company, ServiceCo, LLC and third party content and service providers.
1.2 AT&T will provide You with the Road Runner Service to a computer(s) connection in Your Home. The Road Runner Service is provided in accordance with the provisions of this Agreement. AT&T will provide: i) Coaxial cable connection provided at the End-User's Home to a cable modem; ii) use of a AT&T Modem (defined in Exhibit A) in areas where AT&T Modems are made available; iii) if needed by End-User and at End User's cost, internal and external cabling; iv) End-User Instructions, including operating instructions, online help and telephone support information; v) Internet connection - High speed Internet access (up to 1.5 Mbps to the modem), and for 2-Way Road Runner Service, up to 300 Kbps from the modem); vi) End-User IP connection(s); vii) integrated Software Package - Including Web browser, TCP/IP stack, electronic mail, FTP, Telnet; viii) a package of content, graphical user interfaces and software tools, and other materials and services which incorporate local content programmed by AT&T; ix) Newsgroups; x) service installations at End-User designated location; xi) End-User orientation - including setting electronic mail password, Web browsing, and applications testing; xii) Help Desk Support Services and Frequently Asked Questions - FAQs, accessible via online help or telephone support; and xiii) electronic mail.
1.3 No representation, warranty, term, or condition other than as specifically set forth in this Agreement shall be binding on AT&T.
1.4 For purposes of this Agreement, the term "Affiliate" means any entity wholly owned by AT&T or which, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, AT&T; provided that, with respect to AT&T, no member of Liberty Media Group shall be an Affiliate of AT&T. For purposes of this paragraph, "Liberty Media Group" shall mean Liberty Media Corporation, any of its direct or indirect current or future Affiliates, any entity in which it or they have or acquired any direct or indirect equity investment and any other entity directly or indirectly controlled by any of the foregoing.
1.5 For purposes of this Agreement, the term "Road Runner Parties" shall mean, AT&T, ServiceCo, their respective third-party content or information service providers, corporate parents, members, affiliates, subsidiaries and suppliers, and the employees, agents, third-party content or information service providers or licensors of any of the foregoing.
1.6 AT&T and ServiceCo each shall have the right at any time to change or discontinue any aspect or feature of the Road Runner Service, including but not limited to content, hours of availability, equipment and system requirements. Either AT&T or You may terminate the Road Runner Service to You at any time. AT&T and ServiceCo each have the right to add to, modify or delete any provision of this Agreement and any other terms of use at any time. AT&T will notify You of any change permitted under this Section by posting notice of such change at the AT&T Broadband Online Customer Support Center. Notice may also be provided by e-mail or postal mail. You agree that any one of the foregoing will constitute sufficient notice of such changes. Your continued use of the Road Runner Service following any notice of a change will constitute Your acceptance of such change. If You do not agree to any change, You must immediately stop using the Road Runner Service and notify AT&T that You are terminating Your subscription to the Road Runner Service.
2. GENERAL SUBSCRIBER OBLIGATIONS.
2.1 You are entering into this Agreement on behalf of Yourself and any person who accesses the Road Runner Service through Your computer(s), under Your screen name or password or through the broadband outlet in Your Home. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms. You agree, at Your own expense, to obtain any and all consents, rights and authorizations necessary for the installation and use of the Road Runner Service and equipment.
2.2 You may not transfer Your subscription or Your rights and obligations under this Agreement to any other person or to Yourself at a new Residence. Your Road Runner Service will be terminated should AT&T be notified that You are no longer an authorized End-User.
2.3 You have installed on Your Home computer(s), as a minimum, one of the types of computer equipment and software suites listed in Exhibit A attached hereto and incorporated herein by this reference.
2.4 You agree to check Your e-mail and the Member Services section online, on a regular basis, for information about changes to this Agreement and/or the Road Runner Service.
3. PAYMENT TERMS.
3.1 You agree to pay the applicable installation fees and a monthly recurring charge for the Road Runner Service. The schedule of fees and charges is posted online. You agree to pay all applicable federal, state and local fees or taxes.
3.2 AT&T reserves the right to change the amount of fees and charges from time to time at its discretion and upon reasonable advance notice to You.
3.3 Applicable installation fees and equipment charges are due along with payment of the first monthly charge. Monthly charges are payable in advance. AT&T will send notification if account becomes delinquent (30 days past due date listed on bill). Payment of the delinquent amount must be received by the deadline given on this notification (8 business days from the date of delinquency) to avoid interruption of Road Runner Service. If a payment is not received by the deadline given on this notification, a one time late fee of not more than 5% on any outstanding amount will be charged and Your Road Runner Service will still be subject to disconnection. AT&T may charge a reasonable service fee for all returned checks and bank card or charge card charge backs.
3.4 If You discontinue the Road Runner Service or are disconnected, You agree to pay a reconnect charge before reconnection.
3.5 You will be responsible for all expenses (including reasonable attorney's fees) incurred by AT&T in collecting any unpaid amounts due in accordance with this Agreement.
4. CHARGES FOR ONLINE SERVICES/ INTERNET TRANSACTIONS.
4.1 Through use of the Road Runner Service, You may access certain information, products, and services from persons other than AT&T for which there is a charge, including certain online services such as America Online and CompuServe. YOU AGREE THAT ALL SUCH FEES OR CHARGES FOR ONLINE SERVICES, PRODUCTS, OR INFORMATION ARE YOUR SOLE RESPONSIBILITY AND NOT THE RESPONSIBILITY OF AT&T.
4.2 YOU ARE ALSO ADVISED THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY OF YOUR CREDIT CARD INFORMATION FROM UNWANTED OR UNAUTHORIZED CHARGES FOR INTERNET BASED TRANSACTIONS.
4.3 THE ROAD RUNNER PARTIES DO NOT ENDORSE OR WARRANTY ANY THIRD-PARTY PRODUCTS, SERVICES, OR CONTENT THAT ARE DISTRIBUTED OR ADVERTISED OVER THE SERVICE.
5. END-USER BACK-UP RECOMMENDATION.
When software is installed on the computer(s), the operating system files may be modified. The Road Runner Parties do not warrant that the installation of software will not disrupt the normal operations of the computer(s) or cause the loss of files. FOR THESE AND OTHER REASONS, IT IS RECOMMENDED THAT YOU BACK-UP ALL FILES PRIOR TO INSTALLATION.
6. INSTALLATION AND ACCESS.
6.1 Your Home computer(s) must be completely set up and running without any errors or configuration problems. You are responsible for installing the Road Runner Service software and the cable modem. Following installation, You agree to provide AT&T with reasonable access to the premises to inspect, repair, and maintain AT&T's equipment. Upon termination of the Road Runner Service, You agree to return any AT&T equipment to a AT&T designated location. If You are not the owner of the premises on which the equipment and software are to be installed, You warrant that You have obtained the consent of the owner of the premises for AT&T personnel and/or its agents to enter the premises for the purposes described in this Section 6.
6.2 At the time of installation, AT&T will install the Road Runner Service connection to a computer(s) that is not connected to a Local Area Network ("LAN"). Following installation, You may connect the computer(s) receiving the Road Runner Service to a LAN for residential uses only. Unless otherwise specified, AT&T will not, however, install home LANs and will not answer technical support calls regarding their usage, configuration or problem solving. AT&T reserves the right to prohibit the use of LANs in connection with the Road Runner Service if, in AT&T's sole opinion, it perceives any risk of service degradation for any customer or any part of the AT&T network, or for any other reason. In addition, AT&T assumes no responsibility whatsoever for any service degradation caused by the use of the Road Runner Service with a home LAN.
6.3. You agree that AT&T and ServiceCo shall have the right to upgrade, modify and enhance the equipment and software from time to time through "downloads" from the network or otherwise. This may include limitations on the throughput available through individual modems whether or not provided by AT&T.
7. SERVICE AND PERFORMANCE.
7.1 AT&T and ServiceCo will make best efforts to assure that the Road Runner Service is available to You twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of service. When possible we will post online, advance notice of planned outages for network or system upgrades. Unplanned service interruptions within AT&T's and ServiceCo's control will be minimized.
7.2. Except as otherwise legally required, You are entitled to a prorated credit upon request only in the event of complete failure of the Road Runner Service due to a technical malfunction for twenty-four (24) consecutive hours or more. To qualify for an adjustment, You must request a credit from AT&T within thirty (30) days of the failure. Credits shall be applied against future fees payable by You for the Road Runner Service.
7.3 The Road Runner Service provided is an Ethernet-like protocol service over a shared network. AT&T agrees to undertake commercially reasonable efforts at network management traffic analysis, operational procedures and user policies that ensure appropriate bandwidth is available at all times for the delivery and use of the Road Runner Service.
7.4 For AT&T cable television service customers only, the Road Runner Service should not affect the video programming portions of Your cable television service, if applicable. If You experience problems with Your video programming services, contact Your local AT&T office in the usual manner.
8. SUPPORT AND MAINTENANCE.
8.1 AT&T will provide customer support that can be accessed by telephone or by electronic mail. Support will be provided, as set forth in Section 8.2 below, for use of the Road Runner Service via the hardware and software listed in Exhibit A and via the software provided by AT&T. AT&T does not provide support for the Road Runner Service when You use other hardware or software. The telephone numbers and electronic mail addresses for support services are available both in printed materials and online.
8.2 If Your use or modification of the software, hardware, or equipment supplied by AT&T requires a visit to Your Home for repair or correction, AT&T reserves the right to charge You for the visit and labor required to correct the situation. AT&T does not support in any manner, nor will AT&T undertake to correct or repair software, hardware or equipment which it does not supply; including any End-User Modems (defined in Exhibit A) or home LAN equipment. Should AT&T determine that an End-User Modem or home LAN is the cause of a reported service problem, You are responsible for arranging for the repair or replacement of that modem and/or equipment and AT&T reserves the right to charge You for the visit required to identify the trouble. When a AT&T Modem is used, AT&T's point of demarcation in terms of hardware support and service is up to and including the modem. When an End-User Modem is used, AT&T's point of demarcation in terms of hardware support and service is up to and including the broadband interface to the modem.
9. OWNERSHIP AND USE OF EQUIPMENT AND SOFTWARE.
9.1 Any AT&T Modem leased to You by AT&T under this Agreement shall at all times remain the property of AT&T and it must be returned to AT&T in good condition at the termination of service, unless You wish to replace the AT&T Modem with an End-User Modem. You agree to use reasonable care to avoid damaging it, and will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with the equipment. If the AT&T Modem, including the power cord, is not returned to AT&T in good condition within fifteen (15) days of service deactivation, You agree to pay a maximum of $650.00 for replacement. If You supply an End-User Modem, You agree to give AT&T the unrestricted right to upgrade the firmware in Your End-User Modem at any time as AT&T determines is necessary, in its sole discretion, to address AT&T network management and service issues. End-User Modems remain Your property after termination of this Agreement.
9.2 A suitable and functional Network Interface Card ("NIC") to connect the cable modem with Home computer(s) must be installed in prior to installation of the Road Runner Service. Such card shall be purchased by You and become Your property. The card will remain Your property following termination of this Agreement and AT&T does not undertake to remove it from the computer(s).
9.3 AT&T grants You a limited, non-exclusive license to use the software provided and installed by AT&T for use in connection with the Road Runner Service only. You may make one copy for archival purposes only. The license terminates upon termination of this Agreement, disconnection or discontinuance of the Road Runner Service. Upon termination, discontinuance or disconnection, You agree to promptly destroy all such software and any copy You have made.
10. END-USER USE.
10.1 You agree not to resell or redistribute access to the Road Runner Service in any manner. The prohibition on resale or redistribution of access includes, but is not limited to the provision of electronic mail, FTP, and Telnet access. AT&T reserves the right to disconnect for failure to comply with any portion of this provision.
10.2 AT&T will provide You with dynamic IP connection(s) as a component of the Road Runner Service. You agree not to alter, modify, or tamper with the dynamic IP connection or those of any customer on the system. You agree not to use a dynamic DNS to associate a host name with Your dynamic IP connection for any commercial purpose. You also agree not to use any software on or in conjunction with any computer(s) or network device connected to the Road Runner Service which provides for static IP connections. If applicable, AT&T will take back the dynamic IP connection upon disconnection, discontinuance, or termination of the Road Runner Service.
10.3 You agree to abide by the policies of the Road Runner Service as they are electronically posted and added to or modified from time to time. You agree not to use the Road Runner Service, including but not limited to the equipment and software provided by AT&T:
(a) for any illegal purpose;
(b) to achieve unauthorized access to any computer systems;
(c) for unauthorized access or distribution of any software, data, or material protected by copyright, patent or trade secret material;
(d) to copy, distribute or sublicense any software provided by AT&T, except that You may make one copy of each software program for back-up or archival purposes only;
(e) for excessive data transfer which interferes with the experience of other users;
(f) to interfere with the use of the equipment or services by other customers or disrupt the AT&T backbone network nodes or network services;
(g) to harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another individual or entity;
(h) to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other customers, except in those areas that are designated for such a purpose;
(i) to post or transmit any sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, racially, ethnically or otherwise objectionable material;
(j) to, with respect to electronic mail messages, engage in sender address falsification, unauthorized relaying or sending, or permit to be sent on Your behalf, to any mailing list, news group or other end-users: (1) "Spam" or any other unsolicited, unwanted and/or unrequested mass or bulk distribution e-mail or posting, for commercial, advertising or other purposes, or (2) any e-mail messages otherwise in violation of applicable laws regulating Spam or similar transmissions; or
(k) to engage in any activities which would constitute illegal gambling and/or advertise for or link to any illegal Internet gambling sites.
10.4 If You utilize an End-User Modem, You agree not to alter or modify Your modem in any way which would change the downloading or uploading capacity of the modem or which would otherwise change the nature of the Road Runner Service provided by this Agreement.
10.5 For violation of these policies, AT&T reserves the right, in its sole discretion, to:
(a) remove any offending materials,
(b) hold the End-User liable for any damages resulting from such violations,
(c) terminate this Agreement and Your continued purchase of the Road Runner Service.
10.6 It is AT&T's policy to terminate Road Runner Service to account holders for repeated copyright infringements.
10.7 You agree that AT&T and ServiceCo shall each have the right, but not the obligation, to monitor all content on the Road Runner Service, including chat rooms, bulletin boards, e-mail and forums, in order to determine compliance with this Agreement and all other terms of use.
10.8 You agree that AT&T and ServiceCo shall each have the right to limit the storage of e-mail messages on its Road Runner Service including, without limitation, the total storage space and/or the total number of messages, and the maximum number of days that messages will be retained by the Road Runner Service.
10.9 You agree that AT&T and ServiceCo shall each have the right to take any action that either AT&T or ServiceCo deems appropriate to protect the Road Runner Service, its facilities and equipment.
11. END-USER INFORMATION AND PRIVACY.
11.1 Your privacy interests, including Your ability to limit disclosure of certain information to third-parties, are safeguarded by, among other laws, the subscriber privacy provisions of the 1984 Cable Act, as amended and the Electronic Communications Privacy Act. Your rights under the Cable Act, and the Road Runner Service's privacy practices, are described in the Subscriber Privacy Notice. You acknowledge receipt of the Subscriber Privacy Notice.
11.2 AT&T and/or Service Co may collect (whether automatically or otherwise) and share with each other and other AT&T entities information of the type described in the Subscriber Privacy Notice (some of which may be deemed personally identifiable information as that term is defined and used in, and interpreted under, the Cable Act) relating to You that AT&T and/or ServiceCo may acquire as a result of the provision of the Road Runner Service. You hereby consent to, and expressly waive such rights as You may have under the Cable Act or otherwise to limit or prohibit, the collection by, and sharing between, AT&T and ServiceCo and other AT&T entities of such information.
11.3 You expressly grant AT&T and/or ServiceCo permission to disclose, without prior notice to You, a record or information pertaining to Your account (not including the contents of your communications) including the name and address associated with a given IP address or e-mail account in response to:
(a) a subpoena issued in a civil or criminal investigation or litigation;
(b) a civil investigative demand issued by a government entity;
(c) a court order;
(d) a law enforcement agency request based on emergency conditions such as an imminent threat to life and limb or substantial damage or destruction of property. Examples of such emergency situations would include bomb threats, kidnappings, extortion threats, identifying the service address of a suicidal party, and threats to critical governmental or private sector computer systems and data bases.
11.4 You acknowledge that accessing certain Web sites, including the Road Runner Service home page, may result in an http header (commonly known as a "cookie") being entered into the memory of Your browser or stored on Your computer(s) hard drive and that, if You do not want such "cookies", it is Your responsibility to disable the entry of such cookies through such procedures as may be available on Your browser.
12. LIMITATION OF LIABILITY; NO WARRANTIES.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF THE ROAD RUNNER PARTIES.
12.1 THE ROAD RUNNER PARTIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL EQUIPMENT, SOFTWARE, CONTENT, AND SERVICES ARE SUPPLIED AS IS. EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN SECTION 7.2 IN NO EVENT SHALL ANY ROAD RUNNER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE EQUIPMENT, SOFTWARE, CONTENT, OR ROAD RUNNER SERVICE.
12.2 Except in cases of gross negligence on the part of the Road Runner Parties, we assume no responsibility for any damage to or loss or destruction of Your Home computer(s) or any End-User Modem. In no event shall liability for such damage, loss or destruction exceed $2,500.00.
12.3 The Road Runner Parties assume no responsibility whatsoever for any damage to or loss or destruction of any of Your software, files, data, or peripherals which may result from Your use of the Road Runner Service, or from the installation, maintenance, or removal of the service, equipment or software. The Road Runner Parties do not warrant that any data or files sent by or to You will be transmitted in uncorrupted form or within a reasonable period of time.
12.4 AT&T and ServiceCo treat private communications on or through their networks as strictly confidential and do not access, use, or disclose the contents of private communications, except in limited circumstances referenced at Section 11 above and as permitted by law. However, the cable network is a shared network used by subscribers to video programming and the Road Runner Service. Since the Internet is a shared resource, without appropriate security measures on Your computer(s), others may access or monitor Your traffic. PLEASE REFER TO THE INFORMATION AVAILABLE ONLINE FOR ADDITIONAL INFORMATION ABOUT THE RISK OF UNAUTHORIZED ACCESS BY OTHERS AND HOW TO CONFIGURE YOUR SYSTEM TO INCREASE THE SECURITY OF YOUR COMPUTER(S).
The Road Runner Parties do not warrant that any data or files sent or received by You over the network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to Your Home computer(s) or to any other network to which it may be connected. The Road Runner Parties have no responsibility and assumes no liability for such acts or occurrences. If You choose to run applications from Your Home computer(s) that permit others to gain access to it, You must take appropriate security measures. Failure to do so may cause immediate termination of Your service by AT&T. The Road Runner Parties are not responsible for and assumes no liability for any damages resulting from the use of such applications.
12.5 No Liability for Viruses
The Road Runner Parties make no representation or warranty that any software installed on the Home computer(s) or which You may download from the Internet, online service provider, or other information provider (other than AT&T or ServiceCo) does not contain any virus or other damaging or destructive attribute. The Road Runner Parties have no responsibility and assume no liability for such acts and occurrences.
12.6 No Liability for Content
The Road Runner Parties make no representations and do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any content in the Road Runner Service. While the Road Runner Parties supply access to the Internet, they are not the publisher of any information provided by others through the Internet. The Road Runner Parties do not review, censor, or monitor and are not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, online service or content provider (other than the Road Runner Service). Such content or programs may include, without limitation programs or content of an infringing, abusive, profane, or sexually offensive nature. All content from other parties accessed via the Road Runner Service is accessed by You and those You have authorized, all at Your own risk, and the Road Runner Parties assume no liability whatsoever for any claims, losses, actions damages, suites, or proceedings arising out of or otherwise relating to such content accessed using the Road Runner Service.
12.7 No Liability for Parental Empowerment Tools.
While the Road Runner Parties provide information regarding blocking and filtering software developed by others that empower parents and teachers to restrict their children's and students' access to objectionable or inappropriate material and to protect them from disclosing personal or other information, they are not the publisher of this software. The Road Runner Parties are not in any manner responsible for the effectiveness of these blocking and filtering technologies.
13. INFRINGEMENT.
While the Road Runner Parties believe strongly in copyright law and other laws that protect the rights of persons transmitting communications within and outside of its network, the Road Runner Parties in most instances merely provide carriage of material contained in electronic communications, browser software, and access to networks and facilities not under its control. The Road Runner Parties assume no liability whatsoever for any losses, claims, damages, expenses, liabilities or costs (including legal fees) arising out of or in connection with any allegation claim, suit or other proceeding based upon a contention that the use of the equipment or services by You or a third-party infringes the copyright, patent, trademark, trade secret or other industrial or intellectual property rights or contractual rights of any third-party.
14. REPUBLICATION.
14.1 You acknowledge that material posted or transmitted through the Road Runner Service may be copied, republished or distributed by third parties, and will hold the Road Runner Parties harmless for any harm resulting from such actions.
14.2. AT&T Broadband does not claim ownership of the material you place on your Web site or on the Road Runner Service ("Material"). By submitting such Material to AT&T Broadband, You hereby grant to AT&T Broadband and ServiceCo. (and represent and warrant that You have all necessary rights to so grant) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the Material, and to incorporate the Material in any form, media, or technology, whether now known or hereafter developed.
15. TERM AND TERMINATION.
15.1 This Agreement will remain in effect until terminated by either party or superseded by a revised Subscription Agreement.
15.2 Any AT&T supplied modem must be returned within fifteen (15) days of termination of Road Runner Service to avoid charges.
15.3 AT&T does not visit Your Home upon termination to restore or reconfigure the Home computer(s). Please call AT&T for useful information about de-installation.
16. INDEMNIFICATION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ROAD RUNNER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE ROAD RUNNER SERVICE OR OTHERWISE ARISING OUT OF THE USE OF YOUR ACCOUNT OR EQUIPMENT AND THE SOFTWARE.
17. DISPUTE RESOLUTION; GOVERNING LAW AND GENERAL PROVISIONS.
17.1 You expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of and shall be governed by the laws of the state in which You receive the Road Runner Service. You further agree and expressly consent to the exercise of personal jurisdiction in such state in connection with any dispute or claim involving AT&T and the AT&T Road Runner Service.
17.2 This Agreement which shall include current and future Exhibits, embodies the entire understanding between the Parties with respect to the subject matter and supersedes any and all prior understanding and agreements, oral or written.
17.3 The Road Runner Parties shall have no liability, including as set forth in Section 7.2, for interruption of the Road Runner Service due to circumstances beyond their control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
17.4 If one or more of the paragraphs in this Agreement are found to be unenforceable or invalid, the remaining paragraphs shall remain in effect.
EXHIBIT A
COMPUTER EQUIPMENT
MINIMUM REQUIREMENTS
You must have, as a minimum, one of the types of computer equipment and software suites listed below installed on Your Home computer (the "Home computer"). Additionally, subject to the restrictions set forth below, You must provide Your own modem ("End-User Modem"). In areas where cable modems are made available by AT&T, You have the option to lease a cable modem from AT&T ("AT&T Modem").
In certain areas End-User Modems must be AT&T Broadband Approved. You will be notified at the time You place Your order for service if You live in such an area. Non-AT&T Broadband Approved modems may not function at all times in all locations, depending on the status of network upgrades of the AT&T network servicing your Home.
PC Macintosh
Operating System
Windows 95/98/Me/2000 Professional or NT Workstation 4.0 with SP5 or greater
System 8.5
Processor
Pentium-Class 133 MHz
(166 MHz recommended)
PowerPC 601 or higher, 75 MHz
(166 MHz recommended)
Memory (RAM)
32 MB
(64 MB for Win NT/2000)
32 MB physical RAM
Free Hard Drive Space
150 MB
56 MB
Networking Capability
Working Ethernet card with RJ45 connector; or open slot and free compatible IRQ; or USB port for Windows 98/Me/2000 only
Working Ethernet card with RJ45 connector or open slot; and Open Transport v.1.1.1 (Open Transport 1.1.2 recommended) and Ethernet-enabled
Other
CD-ROM Drive 4x or greater
CD-ROM Drive 4x or greater
Regarding Pentium-Class chips, the minimum requirement for AMD and Cyrix are:
AMD: K6 (e.g. K6, K62, K62-3DNOW and K7, but not 5x86 or K5)
Cyrix: 6x86 (e.g. 6x86, 6x86L and 6x86MX, but not 5x86)
Operating System installation CDs or diskettes must be available for Road Runner Service installation. In certain circumstances, AT&T may be able to provide the required files if the original operating system CDs or diskettes are not available. Notwithstanding the foregoing, You certify that You own a legally licensed copy of the operating system on Your Home computer; and You agree to indemnify and hold AT&T harmless from any and all losses, claims, damages, expenses, liabilities or costs (including legal fees) arising out of or in connection with any allegation claim, suit or other proceeding based upon a contention that You do not own a legally licensed copy of the operating system.
AT&T will install the Service connection only to a single computer which is not connected to a Local Area Network ("LAN") at the time of installation. Further, computers with more than one Network Interface Card ("NIC") may not work properly. Customers may be asked to remove any additional NICs if issues occur.
Additional minimum requirements for one-way internal modems:
Phone line near computer
14.4 kbps phone modem
Free ISA Slot
Last revised on 2001-08-10 00:00:00.0
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