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Juno Services and Juno Site Terms of Service
BY DOWNLOADING, INSTALLING OR USING ANY OF THE JUNO SOFTWARE OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE JUNO DSL AND DIAL UP INTERNET ACCESS SERVICES, SOFTWARE DISTRIBUTED OR MADE AVAILABLE BY JUNO, E-MAIL SERVICES, AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY JUNO (COLLECTIVELY, THE "JUNO SERVICE" OR "JUNO SERVICES")), YOU AGREE TO BE BOUND BY:
ALL OF THE ABOVE ARE REFERRED TO COLLECTIVELY AS THE "RULES."
YOUR AGREEMENT IS WITH JUNO ONLINE SERVICES, INC. ("JUNO").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING THE ARBITRATION CLAUSE IN SECTION 8, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES THROUGH INDIVIDUAL ARBITRATION, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO BE BOUND BY ANY PROVISION OF THE RULES, YOU MUST DISCONTINUE YOUR USE OF THE JUNO SERVICES, UNINSTALL ANY JUNO SOFTWARE AND TERMINATE YOUR ACCOUNT.
The most current version of the Rules may be found at https://www.juno.com (the "Site"). Please review the Rules at the Juno Site prior to accessing the Juno Services as the Rules may have changed since the date of production of this version of the Terms of Service. Juno may change the Rules and the scope of the Juno Services, in whole or in part, at any time. Posting of the updated Rules at the Juno Site will constitute notice to you of any such changes, although Juno may choose other types of notice for certain changes. Changes will be effective upon notice, although Juno will use reasonable efforts to provide you with thirty (30) days' advance notice of material changes that adversely impact you. Your continued use of the Juno Services following notice constitutes your acceptance of all changes, and each use of the Juno Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the Juno Services, your sole and exclusive remedy will be to terminate your account and use of Juno Services and uninstall any Juno Software (as defined below), although if you have a prepaid account or a minimum term commitment you will not have the right to terminate your account and your use of the Juno Services unless the change is material and adverse to you.
When signing up for our DSL broadband service ("DSL"), you will be provided with, or you may already have, a free or billable, dial-up access account including a Juno email address. Such account and email address and the terms controlling that account and email address are governed by these Terms of Service. Our DSL broadband service, including in some cases the billing, provisioning, installation, devices, and delivery of such services, are provided by one or more third parties and Juno contracts with such third parties to provide such services on its behalf. All references to Juno in these Terms of Service including, without limitation, the indemnification provisions and limitations on liability, shall also apply to the third parties with whom Juno contracts to provide you with Juno Services and such third parties shall be entitled to all of Juno's rights hereunder.
2.0 Your Obligations
Subject to any applicable law, fees and charges for Juno Services are non-refundable unless the pricing terms for the applicable Juno Service expressly says otherwise. Juno may provide a thirty (30) day money back guarantee for its DSL Service (see your service plan description). If your plan includes a money back guarantee, your thirty (30) day money-back guarantee begins upon the date Juno begins billing you for the DSL service. During this thirty (30) day period you may cancel the DSL service and receive a full refund of the monthly charge you have actually paid to Juno as well as any activation charges paid to Juno; provided, however, in order to receive your refund you must return all Equipment to Juno in good working condition within thirty (30) days of termination. Juno will provide you with a pre-paid mailing label and instructions for the return of your Equipment. In the event you fail to return the Equipment within thirty (30) days, you will be unable to receive your refund. Early termination fees will not apply to DSL service terminated within the thirty (30) day money-back guarantee period. The thirty (30) day money-back guarantee does not apply to customers who change between monthly, annual, bundled or other DSL service pricing plans and does not apply to registrations with free introductory periods. The money-back guarantee is limited to one per subscriber per address.
You must provide a valid method of payment (i.e. credit card, checking account, telephone billing, etc., depending on the type of Juno Service) prior to and during any times you receive billable Juno Services and pricing plans. You are responsible for keeping all of your billing information, including your payment method, up to date. You expressly authorize Juno (or third parties acting on behalf of Juno) to charge all Juno subscription fees and other charges, including payment transaction fees for certain payment methods, to the payment method you have designated. You acknowledge and agree that Juno will not obtain any additional authorization from you for any recurring payments or automatic billing options. If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method, call our toll-free billing support number (1-800-654-5866). Some fees that you may incur using the Juno Services may accumulate on your Juno account before they are charged to your designated payment method. Set up fees, activation fees, installation fees, other non-recurring fees, and Equipment charges, if applicable, will be included in your first month's bill. Juno will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than thirty (30) days past due. You will be liable for any fees Juno incurs in its efforts to collect any unpaid balances from you. ANY BILLING PROBLEMS OR DISCREPANCIES MUST BE BROUGHT TO JUNO'S ATTENTION BY YOU WITHIN ONE HUNDRED (100) DAYS FROM THE DATE YOU ARE BILLED. IF YOU DO NOT BRING THEM TO JUNO'S ATTENTION WITHIN ONE HUNDRED (100) DAYS, YOU AGREE THAT YOU WAIVE YOUR RIGHT TO DISPUTE SUCH PROBLEMS OR DISCREPANCIES WITH JUNO. Juno may suspend or terminate your use of the Juno Services if you fail to provide a valid designated payment method upon request, or if Juno is unable for any reason to bill charges to your designated payment method.
For monthly subscribers, your Juno Service will typically be billed on the same day each month based on the date you register for your service, unless you are notified otherwise by Juno. For example, if you register for service on the 15th of the month, you will be billed on (or shortly after) the 15th each subsequent month for service. Note that if you register on the 29th, 30th, or 31st of the month, your billing date will be the 1st of the month. For multi-month subscribers (i.e. annual and semi-annual), your Juno Service will be billed on the same day of the month at the prescribed renewal period. Billing for your dial-up Juno Service will automatically begin upon registration of your service. Billing for the first month of your Juno DSL service will be prorated based on the date provisioning of your service is complete and ready for use ("Service Ready Date"). Please note that the Service Ready Date is not determined by the date you install and/or initially use the DSL service, but rather the date such service is provided to your location by Juno's service provider.
You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY JUNO AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE, INCLUDING CALLS TO JUNO'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE JUNO SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER.
FOR DIAL-UP SERVICE, BY ACCEPTING THE ACCESS NUMBERS DURING THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING OUR SERVICES, AND JUNO WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING LONG DISTANCE OR TOLL CHARGES. UNLESS YOUR PLAN PROVIDES OTHERWISE, YOU WILL BE CHARGED A FEE FOR CALLS TO JUNO TECHNICAL SUPPORT.
If your Juno Service plan is time-metered (meaning that you have a set number of hours during which you may utilize the Service each month), you will be responsible for paying any per minute charges imposed by Juno for exceeding your monthly allotment of hours. Use of the Juno Service for time-metered plans is measured in minutes and is rounded up to the next whole minute.
You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the Juno Site.
You agree that Juno is not liable for User Generated Content that is provided by others. Juno has no duty to pre-screen User Generated Content, but Juno has the right to refuse to post, edit, or deliver submitted User Generated Content. Juno reserves the right to remove User Generated Content for any reason, but is not responsible for any failure or delay in removing such material. Juno reserves the right to block any user's access to any content, web site or web page in its sole discretion. You are responsible for any content you post to the Juno Services, and the consequences for sharing such content.
Disputes may arise between you and others or between you and Juno related to content or commerce, including User Generated Content. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing that result from, or are related in any way to, the content of information that you post, transmit, re-transmit or receive through the Juno Services, Juno's network or Juno's equipment are your sole and exclusive responsibility.
You agree that Juno is not responsible for any email or attachments that are blocked or deleted for any reason and that you have no right, and Juno has no obligation, to retrieve or access any such deleted or blocked email or attachments. You agree that Juno is not responsible for any email or attachments that it fails to block or delete, even if such e-mail or attachments contain viruses or are otherwise harmful to your computer.
You may not incorporate a third party's trademark within your Juno e-mail address without permission of the trademark owner. Without limiting the generality of Juno's rights as set forth in these Terms of Service, Juno reserves the right to change your e-mail address and associated member identification if, in Juno's sole discretion, it is inappropriate or infringes on the rights of a third party.
Juno may, from time to time, place a message and or a hypertext link geared to promoting the benefits of Juno Services or a third party sponsor in the footer location of outgoing e-mail messages transmitted from your account. You agree to permit Juno to include such messages or links in e-mail messages you transmit, and agree not to alter, obscure or remove such messages or links.
3.0 Termination and Cancellation
4.0 Warranty Disclaimers
THE ONLY WARRANTY BEING MADE ABOUT THE EQUIPMENT IS THE MANUFACTURER'S EXPRESS LIMITED WARRANTY SET FORTH ABOVE. JUNO DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE EQUIPMENT, OR NON-INFRINGEMENT.
ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY JUNO EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY JUNO. JUNO DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE EQUIPMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
5.0 Limitation of Juno's Liability
6.0 Policy to Terminate Use of Services for Copyright Infringement
7.0 Software Licenses
8.0 Dispute Resolution
10.0 How to Contact Juno