INOC, LLC. ("INOC") is pleased to provide you, the subscriber (hereinafter sometimes referred to as a "Member") with the services you have selected (the "Service"). By establishing an account or using the Service, you agree to be bound by INOC's Terms and Conditions (the "Terms and Conditions"), which are incorporated into the INOC's service agreements by reference. Should you have any questions regarding the agreements or terms, please call INOC's support center at 518.689.4350 ("Support").
(a) For each type of Service you purchase from INOC, these Terms and Conditions are incorporated by reference into a service agreement which, along with INOC's other policies and procedures posted on its Web site, comprise the entire agreement between INOC and the Member. The service agreement for your Service describes what INOC will and will not deliver as a standard part of your Internet service. Together, the Terms and Conditions and applicable service agreement are hereinafter referred to as the "Agreement."
(b) At all times, INOC reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords, and email addresses are INOC's property and INOC may alter or replace them at any time.
(a) YOU AGREE THAT BY USING THE INTERNET SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT UNDER THE LAWS OF THE STATE OF NEW YORK.
(b) You must provide INOC with an accurate and complete legal name, address, telephone number, and credit card number or debit card number, as the case may be. You agree to promptly notify INOC of any changes in such information within thirty (30) days of such change. If you do not provide INOC with accurate registration information, you are not authorized to use the Service and your account may be terminated immediately.
(c) Current account charges, including billing methods, rates, and surcharges for using the Service, may be obtained on INOC's Web site or by calling Support. Your monthly account charges are payable in advance. A billing cycle will begin on the date the Service is configured and will continue to the end of that month. A new billing cycle will begin on first of the day of the next month and continue to be billed on the first of each month thereafter. If you pay for the Service through a prepayment plan, automatic billing described above shall only apply to the charges not paid under the prepayment plan.
(d) If your account is terminated before completion of a billing cycle or your term of service, you will owe the full amount for such billing cycle. If your account is terminated after the billing cycle or initial term of service, the termination will take place on the first day of the following month if notice is received by the 28th of the month in which your account is to be terminated.
(e) If you have any questions regarding charges to your credit card you should contact Support. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than sixty (60) days old. INOC is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card or debit card limits, etc.) resulting from charges billed by INOC.
(f) You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify INOC of a breach of security by calling Support and by changing your password. Please be advised that the contact person or listed owner of a INOC Internet account is solely responsible for activities conducted through, on or with their INOC Internet account, including activities by other persons (including minors) whether or not authorized by such contact person or listed owner. If you, or someone to whom you have given access to your account, violates the terms of this Agreement, INOC shall have the authority to terminate your account.
(g) If you pay by credit card, you expressly authorize INOC to charge the credit card account number associated with your account for any Service charges that accrue from month to month. This authorization will remain valid until you terminate your authorization in writing. INOC may immediately terminate your account, at INOC's sole discretion, for declined credit cards, debit cards or any other non-payment of account charges.
(h) Delinquent accounts may be suspended or cancelled at INOC's sole discretion; however, charges will continue to accrue until the account is cancelled. INOC shall have the right to bill an additional charge to reinstate a suspended account.
(i) If any instrument received in payment is returned to INOC unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of Twenty-Five and No/100 Dollars ($25.00). If your account is canceled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.
(j) If your account is in default, you agree to pay INOC its reasonable expenses, including attorneys' fees and collection agency fees incurred in enforcing INOC rights under this Agreement.
(a) Prohibited activities on or in connection with the Service include, but are not limited to, the activities listed below. For purposes of the Prohibited Network Abuse Activities, the term "content" means information or material of any type capable of being posted or transmitted on or through the Internet, including material in print, graphic, pictorial, audio, or audio-visual form.
(b) When using the Service you agree not to:
(i) post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
(ii) post or transmit any fraudulent content on or through the Service. This includes content that you know or have reason to know is false and that you intend for others to rely on.
(iii) post or transmit on or through the Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
(iv) post or transmit or sponsor any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals, or entities, except in those areas that are designated for such a purpose. You further agree not to involve or associate INOC in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising a INOC-hosted web page, and unsolicited advertisements sent from another service provider which request that replies be sent to a INOC email address.
(v) post or transmit on or through the Service any content that infringes another person's or entity's copyright in all or any part of the content.
(vi) post or transmit on or through the Service any content that infringes, dilutes or otherwise violates another person's rights in its trademarks, service marks, trade dress, or other indicia of origin.
(vii) post or transmit on or through the Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
(viii) post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Service.
(ix) use the Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or otherwise objectionable content.
(x) use the Service to impersonate any person, including but not limited to, an agent or employee of INOC or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(xi) use the Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other Members, users, individuals, or entities.
(xii) use the Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(xiii) make false or unverified complaints against INOC or any INOC Member, or otherwise abuse any of INOC's complaint policies or procedures.
(xiv) abuse INOC's system, or any other system accessible through the Internet via INOC, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at INOC or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
(xv) post or cross post, regardless of content, copies of the same message to twenty (20) or more newsgroups.
(xvi) post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of INOC or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet.
(xvii) operate a mail server with an open mail relay.
(c) Further, using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. You will be notified if your email or web content or other files on INOC's servers approach or exceed the disk storage limit for your account. It will then be your responsibility to delete enough old email or web content or other files to come back to within the disk storage limit. If you fail to do so, your account could become unusable for sending or receiving mail or performing other tasks. You may establish a commercial or high-volume account by contacting your INOC sales representative.
(d) If you receive communications via the Internet or the Service that appear threatening or abusive, you should first contact the appropriate criminal or civil authorities with a complaint. INOC can only research alleged threatening or abusive communications complaints that are received from the appropriate authorities.
(a) The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with INOC or any of INOC's affiliates. INOC cannot and does not guarantee that the Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
(b) YOU AGREE THAT IF INOC TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND INOC AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that INOC is under no obligation to forward any email for an account canceled due to a violation. INOC reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom INOC suspects is acting on behalf of someone whose account has been canceled for a violation. INOC reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.
(c) Subject to the provision of the Digital Millennium Copyright Act and any other applicable laws and regulations, INOC reserves the right to remove or block access to, either permanently or temporarily, any files which INOC suspects or which a third party alleges are associated with a violation of the law, this Agreement or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.
(d) By using the Service you agree that neither INOC nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Service.
a) INOC provides mailboxes, email service and temporary storage of incoming Internet e-mail. All users are encouraged to read their mail periodically and to NOT leave incoming mail on a INOC server for extended periods. INOC may delete mailboxes and email stored on INOC servers without notice based on the following schedules:
i) Email messages (read or unread) that are left in a INOC server "IN-BOX" for three (3) months are subject to deletion without notice.
ii) "Access" accounts (dialups/DSL/etc.) whose primary mailbox is unread for six (6) months may remain active for purposes of "access," however, incoming email to the primary mailbox for said accounts is subject to continuing immediate deletion without notice.
iii) For Mailboxes (email accounts) with mail that has not been read for six (6) months, the mailbox itself is subject to removal without notice. (Mailboxes or email accounts whose email is "forwarded" to another email address and read elsewhere are exempt from this policy.)
(b) At no additional cost to you, INOC provides spam filtering services that you can turn on or off. You should note, however, that spam filtering is never perfect and some spam will slip through no matter what we do. INOC MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF ITS SERVICE WILL BE SPAM-FREE OR SUBSTANTIALLY SPAM-FREE. INOC'S EFFORTS TO REDUCE YOUR RECEIPT OF SPAM IS ON A BEST-EFFORTS BASIS.
(a) The Service provides you access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on INOC's computer servers and on the Internet (the "Content"). As a matter of policy, INOC does not pre-screen Content placed on INOC's computer servers by any of its subscribers. Moreover, INOC does not have the practical ability to monitor, review, or restrict access to Content on INOC's servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations that are not INOC Members. INOC does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on INOC's own servers, nor to monitor all communications between parties. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability or usefulness of any Content available to you on or through the Service and for all your communication on the Service.
(b) You agree that notwithstanding anything herein to the contrary, INOC has the right, but not the obligation, to remove Content from INOC's computer servers that INOC, in its sole discretion, determines to be in violation of this Agreement.
(a) The Service provides access to content that is protected by copyrights, trademarks, and other intellectual property rights ("Rights") of various third parties.
(b) You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.
(c) You agree not to upload, download, display, perform, transmit or otherwise distribute on or through the Service any material (including, without limitation, any Content to which you have access through the Service) that is subject to another party's Rights, without that party's express permission or unless otherwise authorized by law. You acknowledge and agree that any such unauthorized conduct: (i) may result in termination of this Agreement, and; (ii) may expose you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT INOC SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
(d) You agree that by posting, transmitting or otherwise distributing material to any public area (such as public chat rooms, message boards, newsgroups, web space or software libraries), you are requesting and authorizing INOC to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically (i) grant, and/or represent that owner of any such material has expressly authorized you to grant, INOC a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or (ii) represent that the publication, distribution, performance and display of such material (in whole or in part) by INOC, is otherwise authorized by law.
(e) With respect to any material stored on a INOC system at your direction, you acknowledge and agree that in the event that INOC receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent, INOC shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify INOC that such material has been removed or access denied as a result of a mistake or misidentification of the material. You also acknowledge and agree that, under appropriate circumstances, INOC shall have the right to remove or block your access to allegedly infringing Content provided by third parties.
(f) INOC respects its subscribers' privacy and will not randomly monitor or disclose the contents of private email or private chat room communications. However, you agree that INOC has the right, but not the obligation, to monitor or disclose the contents of private communication, if INOC, in its sole discretion, reasonably believes that such action is necessary: (i) to comply with applicable law or valid legal process; (ii) to protect INOC rights or property; (iii) in emergencies when a person's physical safety is at issue; (iv) to research network abuse complaints; or (v) to protect INOC's network infrastructure.
(g) INOC reserves the right to disclose the identity of a member to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
(a) INOC's site on the Internet with its home pages in the domain "inoc.net" or any other site operated by INOC (for purposes of this section, the "Web Site") is a complimentary information service offered by INOC at no charge to users.
(b) INOC may provide links on the Web Site to other web sites which are not under its control. In general, any web site which has an address (or URL) which does not contain "inoc.net" is such a web site. These links are provided for convenience only and are not intended as an endorsement by INOC of the organization or individual operating the Web Site or a warranty of any type regarding the web site or the information on the web site.
(c) You may provide a hypertext link to the Web Site on another web site, provided that: (i) the link must be clearly marked "INOC," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with INOC's name and trademark(s), (iii) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by INOC, (iv) the link, when activated by a user, must display this Web Site full-screen and not within a "frame" on the linked Web Site, and (v) INOC may, in its sole discretion, revoke consent to link to its Web Site at any time. All other hypertext links to the Web Site must be approved in writing by INOC.
d) Depending on the type of Service you purchase from INOC, you may have the right to create your own web page. INOC is in no way responsible to you or any other Members for the Content posted on or to these web pages. Further, INOC will not monitor any of the Content or information posted on these web pages.
(e) Your posting of material on the Web Site or providing material to INOC to use on the Web Site will be deemed to be a grant by you to INOC of a license to the material to include the material on the Web Site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
(a) INOC may grant to each Member a limited, nonexclusive, nontransferable and non-assignable license to use the INOC configuration software, its associated documentation, and any updates thereto (the "Licensed Program") in order to access and utilize the Service. Each Member agrees to use the Licensed Program solely in conjunction with the Service and for no other purpose. INOC may modify the Licensed Program at any time, for any reason, and without providing notice of such modification to a Member.
(b) INOC may provide Members with copies of free software ("freeware") from time to time for the beneficial use of its Members. INOC dos not promote or make any recommendations concerning the use of the freeware as a substitute for software currently used by such Member or otherwise. The use of the freeware may be subject to copyright laws or certain intellectual property restrictions and it is the Members responsibility to ascertain the requirements of use from each freeware's owner.
In addition to the disclaimer of warranties and limitation of liability contained in your service agreement, the following disclaimer of warranties and limitation of liability apply:
(a) EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY INOC, INOC DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. INOC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
(b) THE SERVICE, THE LICENSED SOFTWARE AND THE FREEWARE (THE "PRODUCTS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INOC DOES NOT WARRANT THAT ANY OF THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INOC MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE PRODUCTS OR THE INTERNET GENERALLY. NO ADVICE FOR INFORMATION GIVEN BY INOC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. INOC AND ITS AGENTS AND EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PRODUCTS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, INOC's CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF ANY OF THE PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD. (c) EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, INOC DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF INOC OR INOC SUBSCRIBERS; (G) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE INTERNET SERVICE, (H) ANY FAILURE OF INTERNET SERVICE SOFTWARE TO BE YEAR 2000 COMPLIANT; AND; (I) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND INOC's CONTROL.
(c) You may not rely on oral or written information or advice given by INOC's officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and INOC's responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by INOC to govern the use of the Service.
(a) You agree to defend, release, indemnify, and hold INOC, its affiliated companies and licensors, and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Service.
(b) You agree that INOC has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph (a) of this Section. In such event, you shall have no further obligations pursuant to Paragraph (a) of this Section.
(a) You agree that, notwithstanding anything herein to the contrary, you or INOC may terminate this Agreement for any reason. You may terminate your account at any time by providing notice of intent to terminate to INOC by: (i) registered or certified mail, return receipt requested addressed to INOC LLC., 1309 Main Street, Rotterdam Jct., New York 12150; or (ii) by calling your account representative, or (iii) by going to INOC's web site and using the Account Service Center. Email termination of your account will not be accepted. Only the person whose name is on the account shall have the right to change user identification(s) and/or password(s) for the account, and/or cancel an existing account. INOC may provide termination notice to you by: (i) email addressed to your email account or by U.S. Mail or courier service to the address you provided for the Service. All notices to you shall be deemed effective on the first calendar day following the date of electronic mailing or on the fourth calendar day following the date of first-class mailing or deposit with a commercial courier service.
(b) You agree that INOC retains the right, but not the obligation, to restrict or terminate your service at any time, if INOC, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if INOC determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that INOC will have no liability to you for any restriction or termination of your Service pursuant to such violation.
(c) You agree that your only right with respect to any dissatisfaction with (i) any agreement term, policy, or practice of INOC in operating the Internet Service, (ii) any Content available on or through the Internet Service or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph (a) of this Section.
(d) To cancel dial-up service with INOC, you must call Support or cancel online through the Account Service Center, https://www.inoc.net/, with your username and you must obtain a cancellation confirmation number to validate your request.
To cancel any other service with INOC, you must fax or mail a written request signed by an authorized person representing your home or business account. This request must specify the specific product or service you wish to cancel and the requested termination date, and you must obtain a cancellation confirmation number to validate your request.
(e) You agree that INOC has the right, but not the obligation, to delete all program, data, or other files on INOC's computer servers that are associated with your account at the time of termination.
(a) You agree that this Agreement comprises the entire understanding between INOC and you, and supersede any prior agreements or correspondence between you and INOC and/or any prior postings or other notices from INOC with respect to the subject matter of this Agreement.
(b) Any controversy or claim arising out of or relating to this Agreement or breach thereof shall be settled by final and binding arbitration in Albany, New York, in accordance with the rules then in effect of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction. In reaching a decision, the arbitrator shall have no authority to change or modify any provision of this Agreement, including, without limitation, the liquidated damages provisions. Notwithstanding the rules then in effect of the American Arbitration Association, if only one arbitrator is appointed, then the arbitrator shall, in all cases, be an attorney-at-law, or if more than one arbitrator is appointed, then at least one of the arbitrators shall be an attorney-at-law.
(c) The Service is offered without regard to race, color, religion, disability, national origin, gender, age, sexual orientation, marital or veteran status, or any other legally protected status.
(d) This Agreement is governed by the laws of the State of New York, without regard to principles concerning choice of law. You agree that proper venue for any action arising out of or in connection with this Agreement shall be Albany County, New York, or if such action is brought in federal court, the District of New York.
(e) You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.
(f) INOC may revise, amend, or modify this Agreement, its billing rates and account surcharges, the Service, and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on INOC's web site and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members. You agree that by continuing to use the Service following notice of any revision to the Agreement, INOC's billing rates, INOC's account surcharges, the Service, or any other user policies or agreements, you accept any such revisions and agree to abide by any such revisions. If any revision to this Agreement, INOC's billing rates, INOC's account surcharges, the Service, or any other user policies or agreements, is unacceptable to you, you may terminate this Agreement under the terms of this Agreement.