IMPORTANT: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PARAGRAPH 13 REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PARAGRAPH 19 LIMITS AT&T'S LIABILITY. PLEASE READ THEM CAREFULLY.
a. Speed. The Service is composed of narrowband or broadband access to the Internet provided by AT&T. The Site, provided by AT&T and Yahoo!, is composed of a broad selection of on-line resources including email, communication tools, forums, shopping services, search services and personalized content and branded programming. AT&T offers many broadband service options, each of which has a unique Service Capability Speed range. The current speed ranges may be found at http://att.com/speedtiers.
e. Conversion from DSL to U-verse High Speed Internet. When AT&T is able to provision U-verse High Speed Internet at your location, we may, in our discretion, discontinue your DSL service and make available to you AT&T U-verse High Speed Internet at the then applicable rates, terms and conditions, which may differ from your previous DSL Service rates, terms and conditions (including bundle discounts). If you are on a term plan and your price will increase as a result of this conversion, you will not have to pay any applicable ETF if you elect to cancel service.
Your new AT&T U-verse High Speed Internet will require different customer premises equipment (“CPE”). When you are selected for conversion, we will provide at least thirty days notice of the discontinuation of your service via e-mail. Thirty days after such notice, we may at our sole discretion, either disconnect your service or temporarily suspend your service for up to fifteen days before we permanently discontinue service.
f. Data Usage. For more information about the use of your High Speed Internet Service, data usage allowances that may apply to your service, how much data you use, and management of your data usage, please refer to www.att.com/internet-usage.
b. Dial-up Access Options and Toll Charges. AT&T will provide telephone numbers to connect to or register for the Service. Depending on location, local access numbers for dial-up Internet access may not be available in your area. Even access numbers in your area code may result in toll, usage, or long distance charges. Please check with your local phone company to determine whether additional charges apply. You are responsible for selecting the best number for you and for all telephone fees and charges associated with the use of the telephone number you select. In no event will AT&T or Yahoo! be responsible for any telephone fees or charges incurred as a result of the telephone number you select. Use of the Service (or portions thereof) and of specific telephone numbers is subject to change or interruption at the telecommunication company's or at AT&T’s discretion.
Service customers agree to pay: (1) the monthly fee specified when you ordered your Service; (2) the charge for all equipment required for your Service; (3) activation fees, connection and/or installation charges, if any; (4) late fees, restoral of service fees and other applicable service charges; and (4) any applicable taxes, recovery fees and surcharges which AT&T pays to municipalities and other governmental entities and may pass on to you.7. Equipment & Software
Your use of the Site&Service is subject to the AT&T Acceptable Use Policy (“AUP”) which may be viewed at http://www.corp.att.com/aup/ and is hereby incorporated into these Terms of Service as though fully set forth herein. In accordance with the AUP, AT&T reserves the right to deny, disconnect, modify and/or terminate, without notice, the Member Account or the Service provided by AT&T and/or Yahoo to any customer whose use of the service violates the AUP. Examples of violations of the AUP include, but are not limited to: (i) unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/E-mail/Usenet abuse, (vi) uses which are harmful to or interfere with the use of AT&T's network or systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the Services received by others, (viii) uses that constitutes a security risk or a violation of privacy. See the AUP for a more detailed discussion of the policy and these examples.
d. Network Management. AT&T reserves the right to engage in reasonable network management practices, to protect its broadband network from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices that AT&T may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of a customer’s serving facility or service technology, and/or (iii) a modification of or a limitation on a customer’s data throughput speed or data consumption.
A very small percentage of customers use the Service in a way which creates harm to the network, compromised capacity, degradation in network performance or service levels, or which may adversely impact access to or the use of the Service by other customers. In the event that AT&T adopts a network management practice which will apply to your Service, we will provide you with a notice, by web posting, bill insert, email, letter and/or other appropriate means, which describes the network management practice, explains how it will work, and explains how it could impact your Service.
12. Privacy Policies
- are based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- may arise after the termination of this Agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AT&T ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ARBITRATION CLAIMS. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
- equal to or less than the greater of (1) $5,000 or (2) the maximum claim that may be brought in small claims court in the county of your billing address; and
- greater than the value AT&T’s last written settlement offer made before an arbitrator was selected,
14. Dispute Resolution with Yahoo
- pay you the greater of (1) $5,000 or (2) the maximum claim that may be brought in small claims court in the county of your billing address (“the premium”) instead of the arbitrator’s award; and
- pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses, that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).