User Agreement
Blue Ridge Communications

Blue Ridge Communications ... User agreement

Burgess COMMENTARY

Peter Burgess

Blue Ridge Communications e-Bill Terms and Conditions In order for You to use Blue Ridge Communications e-Bill service with automatic or monthly online payment options, or other services that Blue Ridge adds to its e-Bill Service, You must complete the enrollment process by providing us with complete and accurate information as required on the enrollment screens. By completing the enrollment form, and clicking the 'I Agree', you agree to the following terms and conditions. 1. Definitions. The following terms have the following meanings: BRC means Blue Ridge Communications. Business Day: means Monday through Friday, excluding Federal Reserve holidays and BRC holidays. Cutoff Time: means 3:00 p.m. Eastern on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day. Payment: means the information provided by you to the Service for one or more bill payments to be made to BRC. Payment Account: means your credit card accounts from which your bill payments will be made. Payment Instructions: means the banking instructions you enter with respect to the Payment. Payment Send Date: means the Business Day(s) which your bill payment(s) will be made through your Payment Account (a Payment Send Date of a non-Business Day will be considered to be the following Business Day). Service or e-Bill Service: means the e-Bill online Bill Payment Service offered by BRC. Service Provider: means any third party providing the Service on behalf of BRC. You: means the BRC account holder or authorized representative of the account holder. 2. Bill Payment Service. When initiating a Payment, you authorize BRC to transfer funds from your payment account to BRC in accordance with your Payment Instructions. A particular bill payment is 'Pending' starting from the time you enter a Payment until the payment is 'Processing'. A particular bill payment is 'Processing' starting at the Cutoff Time of the date selected by you as the 'Payment Send Date' until confirmation is received by the Service that the payment was successful. A particular bill payment is considered 'Paid' after the Service receives a remittance file from the payment processor indicating a successful payment. You may cancel or edit any Pending Payment by contacting BRC. There is no charge for canceling or editing a Pending Payment. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day. In any other event, including, without limitation, choosing a Payment Send Date less than three (3) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you. BRC will provide up to two (2) months of account history through the Service. You may request account history beyond two (2) months in writing or by contacting a BRC office. BRC will use its best efforts to make all your payments properly. If BRC does not complete a transfer to or from your Payment Account on time or in the correct amount according to BRC's agreement with you, BRC will correct any errors in the manner described below. However, there are some exceptions. BRC will not be responsible for errors, for instance: If, through no fault of BRC, you do not have enough money in your Payment Account to make the transfer: or If the transfer would go over the credit limit on your overdraft line, or your Payment Account does not otherwise permit the transaction to be executed; The Service is not working properly and you know or have been advised by the Service about the breakdown before you started the transfer; You have not provided the Service with the correct BRC account information to process your payment accurately; or, If circumstances beyond the control of BRC or the Service Provider (such as, but not limited to, fire, flood, or interference from an outside force) prevent the transfer and BRC and the Service have taken reasonable precautions to avoid those circumstances THE FOREGOING SHALL CONSTITUTE BRC'S AND THE SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL BRC OR THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE. As a condition of your use of the Service, you will not use the Service for any purpose that is not authorized by these Terms and Conditions. You may not interfere with any other party's use of the Service. You may not attempt to gain unauthorized access to the Service through any means. We will provide up to two months of account history on this Service. You may request account history for periods beyond two months in writing or by visiting one of our offices. 3. Exclusions of Warranties. THE SERVICE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4. Password and Security. To use the Service, you must complete the enrollment process and provide BRC with complete and accurate information as prompted by the applicable enrollment form provided on the enrollment screen. You will select a username and password during the enrollment process. You will use your username and password to access your account. You agree not to give or make available your username and password or other means to any unauthorized individuals to access the Service. Except as provided herein, you are responsible for all bill payments made through the Service using your username and password. Except as provided herein, you are entirely responsible for any and all activities that occur through the use of your username and password with the Service. You could be held liable for losses incurred by BRC or another party due to someone else's use of your username and password or account with the Service. Except as provided herein, BRC will not be responsible for any loss you may incur as a result of someone else's misuse of your username and password, banking information, credit card information or account through the Service either with or without your permission. Tell us immediately if you believe that your username and password or other means to access your Payment Account through the Service has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Payment Account (plus your maximum overdraft line of credit). If you tell BRC within two (2) Business Days after you learn of the loss or theft of your username and password or Payment Account information, you can lose no more than $50 if someone used your Payment Account in connection with the Service without your permission. If you believe your username and password or Payment Account information has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50, if someone used your username and password or Payment Account information without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your username and password or Payment Account information and BRC can prove that BRC could have stopped someone from using your username and password or Payment Account information in connection with the Service if you had told us, you could lose as much as $500. If you believe your username and password or Payment Account information has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: 1-800-222-5377 any time or write: Blue Ridge Communications 124 Iron Street 3rd Floor Lehighton, PA 18235 5. Errors and Questions. In Case of Errors or Questions About Your Electronic Transfers, Telephone BRC at: 1-800-222-5377. Write us at BRC as soon as you can, if you think that your statement is wrong or if you need more information about a transfer listed on the statement. BRC must hear from you no later than fifteen (15) days after you received the FIRST statement on which the problem or error appeared. You must: Tell BRC your name and account number. Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information and, Tell BRC the dollar amount of the suspected error. If you tell BRC orally, BRC may require that you send your complaint in writing within ten (10) Business Days after your verbal notification to the following address: Blue Ridge Communications 124 Iron Street 3rd Floor Lehighton, PA 18235 BRC will determine whether an error occurred within ten (10) Business Days after we hear from you, and will correct any error promptly. If BRC needs more time, however, BRC may take up to forty-five (45) days to investigate your complaint or question. This may not stop an interruption of cable service due to an overdue amount. If BRC decides to do this, BRC will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes BRC to complete our investigation. If BRC asks you to put your complaint or question in writing and BRC does not receive it within ten (10) business days, BRC may not credit your account. For errors involving new accounts, BRC may take up to ninety 90) days to investigate your complaint or question. For new accounts, BRC may take up to twenty (20) business days to credit your account for the amount you think is in error. BRC will tell you the results within three (3) business days after completing our investigation. If BRC decides there was no error, BRC will contact you with a written explanation. You may ask for copies of the documents that BRC used in its investigation. Documentation of information from Internet transactions is not available. 6. Privacy Policy - Disclosure of Account Information to Third Parties. By completing the enrollment form, you are authorizing BRC to display billing and payment information on a secure Internet site. BRC will disclose information to third parties about your account or the transactions you make ONLY in the following situations: Where it is necessary for completing transactions: In order to verify the existence and condition of your account to a third party, such as a credit bureau; In order to comply with a governmental agency or court orders; If you give us your written permission; or As permitted otherwise by these Terms and Conditions or BRC's privacy policy which is mailed to all subscribers. 7. Charges. There are no charges to you associated directly with the Service. Any fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. 8. In the Event a Service Transaction is returned. In using the Service, you are requesting the Service to make payments for you through your Payment Account. If BRC is unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from BRC. In such case, you agree that: You will reimburse BRC immediately upon demand, the transaction amount that has been returned to BRC. You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges. BRC is authorized to report the facts concerning the return to a credit-reporting agency. 9. Alterations and Amendments. BRC reserves the right to change these Terms and Conditions from time to time, including without limitation, with respect to applicable fees and service charges. Further, BRC and/or the Service Provider may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Service shall constitute your agreement to all Terms and Conditions and all amendments to these Terms and Conditions. 10. Address or Banking Changes. You are responsible for keeping your correct and current email address information in your customer profile. You agree to promptly notify BRC at least ten (10) Business Days in advance of any change in your Payment Account, or your banking status. This must be done through the Service as we may otherwise require. Each time any change is made by you to your enrollment information, you shall notify BRC. If your email is returned to BRC as 'undeliverable', this will be considered an unsuccessful notification. 11. Termination or Discontinuation. In the event you wish to discontinue the Service, you can do so by contacting BRC's Customer Relations Center by one of the means listed below. Such notice of service discontinuance must be supplied ten (10) days prior to the actual discontinuance date. E-mail: csr@ptd.net Telephone: 1-800-222-5377 BRC may terminate this Service at any time and/or revoke your right to use this service for any or no reason. Neither termination nor discontinuation shall affect your liability or obligations under these Terms and Conditions. Termination of the Service terminates your electronic billing and payment services but does not cancel your cable and/or other subscription services from BRC. If you cancel the e-Bill Service, BRC will mail you a paper bill, which will be payable by mail or by visiting one of our payment offices. If you wish to terminate your cable and/or other subscription services from BRC you will need to call BRC at 1-800-222-5377 to make the necessary arrangements. See http://www.brctv.com/contact_us.shtml for office locations and hours. 12. Information Authorization. Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service BRC reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems. 13. Disputes. In the event of a dispute regarding the Service, you and BRC agree to resolve the dispute by looking to these Terms and Conditions. You agree that these Terms and Conditions constitute the complete and exclusive statement of the agreement between you and BRC regarding the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and BRC relating to the subject matter of these Terms and Conditions, namely, the Service. If there is a conflict between what an employee of the Service Provider or BRC's Customer Service Department says and the terms of these Terms and Conditions, the terms of these Terms and Conditions will prevail. 14. Intellectual Property. You may not use any trademark or service mark appearing on the Service without prior written consent from the owner of the mark. BRC subscribers and account holders may not upload, post, transmit or otherwise make available any material protected by copyright in a manner that infringes that copyright. In accord with the Digital Millenium Copyright Act, it is the policy of BRC to terminate, in appropriate circumstances, the services of any subscriber or account holder who has infringed repeatedly. However, BRC expressly reserves the right to terminate or suspend the service of any subscriber or account holder even for a single act of infringement. These policies do not affect any rights BRC may have under law or contract. 15. Governing Law. BRC's rules and regulations (including without limitation, any such rules and regulations incorporated or referenced in any product or service agreement between you and BRC), the rules and regulations of any funds transfer system to which BRC, such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations. YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE. Consent To Electronic Disclosures And Documents Under The Electronic Signatures In Global And National Commerce Act 1. BRC reserves the right to send information, at times, in printed format. 2. If you elect to receive your BRC bills electronically, you will no longer receive a paper copy of your BRC bills. Instead, your BRC bills will be delivered in electronic form only. In addition, if you choose to receive your BRC bills electronically, you also consent to receive the following categories of records in electronic form only; all notifications, disclosures, documents and other information that BRC is required by any law, rule or regulation of any federal, state or local governmental authority (including any franchise authority) to provide or make available to you in writing (which documents, together with your BRC bill statements, will be referred to as 'Required Legal Documents'). This includes, but is not limited to, BRC's subscriber privacy notices, customer service notices, equipment compatibility notices, and copies of any authorizations or notices to or from BRC relating to the payment of your BRC bills via electronic fund transfers. 3. Your consent to receive the Required Legal Documents in electronic form only will apply (unless subsequently withdrawn by you as described below) for as long as you are a subscriber of BRC. 4. If you wish to obtain a paper copy of any Required Legal Document provided to you electronically, you may do so at no cost to you by contacting your local BRC office. The telephone number for your local BRC office can be found on your electronic bill statement. 5. You can withdraw your consent to receive Required Legal Documents electronically at any time at no cost to you by choosing to resume paper delivery of your BRC bill statements. To elect to resume paper delivery of your BRC bill statements, please contact your BRC Cable office and a customer service representative can make the change for you. The telephone number for your local BRC office can be found on your electronic bill statement. Any withdrawal of your consent to receive Required Legal Documents electronically will not affect the legal validity or effectiveness of any Required Legal Documents delivered to you prior to the effective date of the withdrawal of your consent. The withdrawal of your consent to receive Required Legal Documents electronically will become effective during BRC's next billing cycle for your account which will be no later than thirty (30) days after receipt by BRC of your request. 6. In order to ensure that we are able to contact you electronically, you must update us with any change in your e-mail address. To update the e-mail address on your account, please contact us by: E-mail: csr@ptd.net Telephone: 1-800-222-5377 Website: http://www.brctv.com/contact_us.shtml Regular Mail: Blue Ridge Communications 124 Iron Street 3rd Floor Lehighton, PA 18235 16. To access and retain the Required Legal Documents electronically, no special hardware or software is required. You will need access to the internet and a web browser. Please note that most web browsers use 40-bit encryption. For the highest level of security available, we suggest you use 128-bit encryption to access your bill. You can download 128-bit encryption by visiting one of the following Web sites: For Microsoft Internet Explorer, please go to:http://www.microsoft.com/ie/download/128bit For Netscape Navigator, please go to:http://www.netscape.com/download/index.html 17. If a change in hardware or software requirements becomes necessary in order for you to continue to access and/or retain the Required Legal Documents electronically, we will alert you of any revised hardware or software requirements for such access and/or retention. At that time, you will have the right, at no cost to you, to withdraw your consent to receive the Required Legal Documents electronically by electing to resume paper delivery of your BRC bill statements. If you do not accept Terms and Conditions, registration cannot be completed.