AUP

ARRIVA Acceptable Use Policy for Residential Broadband Internet Services

 

ARRIVA has adopted this Acceptable Use Policy (“AUP”) to outline the acceptable use of Arrivas’ Residential Broadband Internet service (“Broadband Service”).

 

You, the customer, must comply with this AUP. Your failure to do so could result in the suspension, termination, or throttling of your Broadband Service account. If you do not agree to comply with this AUP, you must immediately stop all use of the Broadband Service and notify ARRIVA so that it can close your account. ARRIVA may revise this AUP from time to time by posting a new version on the Web site at arriva.com. ARRIVA will use reasonable efforts to make customers aware of any changes to this AUP, which may include sending e-mail announcements or posting information on the ARRIVA website. Revised versions of this AUP are effective immediately upon posting. Accordingly, customers of ARRIVA Broadband Internet Service should read any ARRIVA announcements they receive and regularly visit the ARRIVA web site and review this AUP to ensure that their activities conform to the most recent version. If you have questions regarding this AUP, or to report violations of it, you can contact ARRIVA to report illegal content on the Internet, visit.

 

In general, this AUP prohibits uses and activities involving the Broadband Service that are illegal, infringe the rights of others, or interfere with or diminish the use and enjoyment of the Broadband Service by others.

 

1.1 Network and Usage Restrictions.Prohibited uses and activities include, but are not limited to, using the Broadband Service or ARRIVA equipment to:

 

1.1.1 Restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Broadband Service (except for safety and security functions such as parental controls, for example);

 

1.1.2 Posting or transmitting any information or software which contains a worm, virus, spyware, adware, malware, or any harmful feature;

 

1.1.3 Generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;

 

1.1.4 Restrict, inhibit, interfere with, or otherwise disrupt performance of the Broadband Service or cause a performance degradation regardless of intent, purpose or knowledge, to the Broadband Service or any ARRIVA (or ARRIVA supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any ARRIVA (or ARRIVA supplier) facilities used to deliver the Broadband Service;

 

1.1.5 Resell the Broadband Service or otherwise make available to anyone outside the Premises the ability to use the Broadband Service (for example, through Wi-Fi or other methods of networking), in whole or in part, directly or indirectly. The Broadband Service is for personal and non-commercial residential use only and you agree not to use the Broadband Service for operation as an Internet Service Provider or for any business enterprise or purpose (whether or not for profit);

 

1.1.6 Connect the ARRIVA Equipment to any computer or device outside of your Premises;

 

1.1.7 Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host; and

1.1.8 Accessing and using the Broadband Service with anything other than a dynamic Internet Protocol (“IP”)address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure the Broadband Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless you are subject to a Broadband Service plan that expressly permits you to do so.

 

Prohibited uses and activities include, but are not limited to, using the Broadband Service or ARRIVA equipment to:

 

1.2.1 Avoid incurring charges for or otherwise being required to pay for usage of the Broadband Service;

 

1.2.2 Invade another person’s privacy, stalk, harass, or otherwise violate the rights of other persons;

 

1.2.3 Undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;

 

1.2.4 Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful;

 

1.2.5 Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Broadband Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;

 

1.2.6 Collect, or attempt to collect, personal information about third parties without their consent;

 

1.2.7 Transmit unsolicited bulk or commercial messages commonly known as “spam;”

 

1.2.8 Send voluminous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a server, account, blog, newsgroup, chat, or similar service;

 

1.2.9 Initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme;

 

1.2.10 Participate in the collection of voluminous amounts of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;

 

1.2.11 Collect responses from unsolicited bulk messages;

 

1.2.12 Falsify, alter, or remove message headers;

 

1.2.13 Falsify references to ARRIVA or its network, by name or other identifier;

 

1.2.14 Impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);

 

1.2.15 Violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or Web site that you access or use.

 

Prohibited uses and activities include, but are not limited to, using the Broadband Service or ARRIVA equipment to:

1.3.1 Use the Internet service or facilities for web-hosting, e-mail hosting, or other unusually high-bandwidth consumption, unless you have made special subscription arrangements with ARRIVA and the usage does not otherwise violate law or regulation;

1.3.2 Access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;

1.3.3 Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, including but not limited to: password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;

1.3.4 Copy, distribute, or sub-license any proprietary software provided in connection with the Broadband Service by ARRIVA or any third party, except that you may make one copy of each software program for back-up purposes only;

1.3.5 Distribute programs that make unauthorized changes to software (cracks);

1.3.6 Use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers;

1.3.7 Use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for the personal and non-commercial residential use of the account holder, or his or her family;

1.3.8 Service, alter, modify, or tamper with ARRIVA Equipment or Broadband Service or permit any other person who is not authorized by ARRIVA to do the same.

 

2.1 Customer Obligations

2.1.1 In addition to being responsible for your own compliance with this AUP, you are also responsible for any use or misuse of the Broadband Service that violates this AUP, even if it was committed by a friend, family member, or guest with access to your Broadband Service account.

2.1.2 Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Broadband Service. In all cases, you, alone, are responsible for the security of any device you choose to connect to the Broadband Service, including any data stored or shared on that device. It is also your responsibility to secure the Customer Equipment and any other Premises equipment or programs not provided by ARRIVA that connect to the Broadband Service from external threats such as viruses, spam, bot nets, and other methods of intrusion.

2.1.3 ARRIVA reserves the right to refuse to transmit or post, and to remove or block, any information or materials, in whole or in part, that it, in its sole discretion, deems to be in violation of this AUP, or otherwise harmful to ARRIVAS’ network or customers using the Broadband Service, regardless of whether this material or its dissemination is lawful so long as it violates this AUP.

2.1.4 Neither ARRIVA nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, file transfer, blog, and instant message transmissions) made on the Broadband Service. However, ARRIVA and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this AUP and to disclose, block, or remove them in accordance with this AUP, the Subscriber Agreement, and applicable law. 

 

All of ARRIVA’S network and system services are provided according to scheduled fees for each type of service. You agree to use such services in accordance with the terms set forth below.

3.1 Email Service

3.1.1 You may not use your ARRIVA-hosted email addresses for the purpose of sending unsolicited email. You may not use or cause to be used ARRIVA’S equipment, network connectivity, or other resources to originate, deliver, relay or otherwise transmit unsolicited email messages. You may not engage in any of the foregoing prohibited activities by using the service of any other provider, third-party agent, remailing service or address forwarding service, in such a way that ARRIVA’S network addresses or ARRIVA-hosted email services are in any way identified as being associated with the sending of unsolicited email.

3.1.2 Unauthorized use, or forging, of mail header information (e.g. “spoofing”) is strictly prohibited.

3.1.3 You may not use the ARRIVA email service to make fraudulent offers to sell or buy products, items, services, or to advance any type of financial scam including but not limited to “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communications.

3.1.4 ARRIVA reserves the right to suspend or delay delivery of email to Customers utilizing ARRIVA email services and/or the virtual domain email if the volume of email being redirected, stored, or delivered on the Customer’s behalf is deemed excessive. Excessive volume is defined as any amount of email that consumes more than 500MB of disk storage space per individual mailbox, or any volume of email traffic that noticeably degrades performance on the server in question, in the sole discretion of ARRIVA. Stored mail exceeding these limits may be transferred to a compressed file at ARRIVA’S discretion. ARRIVA will attempt to notify the account holder via the account contact information on record; however, ARRIVA reserves the right to delete the contents of such email boxes upon thirty (30) days after attempted notification.

3.1.5 The Broadband Service may not be used to communicate or distribute e-mail or other forms of communications in violation of this AUP. As described below in Section 4 of this AUP, ARRIVA uses reasonable network management tools and techniques to assist in protecting customers from receiving spam and from sending spam (which often occurs without their knowledge via an infected computer).

3.1.6 ARRIVA is not responsible for deleting or forwarding any e-mail sent to the wrong e-mail address by you or by someone else trying to send e-mail to you. ARRIVA is also not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted, or stored temporarily at ARRIVA’S sole discretion. In the event that ARRIVA believes, in its sole discretion, that any subscriber name, account name, or e-mail address (collectively, an “identifier”) on the Broadband Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, ARRIVA (1) reserves the right to block access to and prevent the use of any of these identifiers and (2) may at any time require any customer to change his or her identifier. In addition, ARRIVA may at any time reserve any identifiers on the Broadband Service for ARRIVA’S own purposes. In the event that a Broadband Service account is terminated for any reason, all e-mail associated with that account (and any secondary accounts) will be permanently deleted as well.

3.1.7 If an e-mail account remains inactive and/or is not accessed by you in six (6) months, ARRIVA reserves the right, in its sole discretion, to delete the e-mail account.

3.1.8 Each user is responsible for the contents of, and, if required by law, archival and retention of his or her e-mail, instant, video, and audio messages and the consequences of any of these messages. ARRIVA assumes no responsibility for the content, timeliness, misdelivery, deletion, or failure to store these messages. In the event that a Broadband Service account is terminated for any reason, all e-mail, instant, video, and audio messages residing on ARRIVA-operated public servers associated with that account (and any secondary accounts) will be permanently deleted as well.

 

4.1 ARRIVA manages its network with the goal of delivering a fast, safe, and uncompromised broadband Internet experience to all of its customers. However, high-speed bandwidth and network resources are not unlimited. Managing the network is essential for the promotion of the best possible Broadband Internet experience for all of ARRIVA’S customers. ARRIVA uses reasonable network management practices that are consistent with industry standards. ARRIVA tries to use tools and technologies that are minimally intrusive and, in its independent judgment guided by industry experience, among the best in class. Of course, the company’s network management practices will change and evolve along with the uses of the Internet and the challenges and threats on the Internet.

4.2 All broadband Internet service providers manage their networks. Many of them use the same or similar tools as ARRIVA. If ARRIVA didn’t manage its network, its customers would be more vulnerable to the negative effects of spam, viruses, security attacks, network congestion, and other risks and degradations of service. However, ARRIVA cannot guarantee that its network is free from these risks. By engaging in responsible network management including enforcement of this AUP, ARRIVA can deliver the best possible broadband Internet experience to all of its customers.

4.3 Network Management. ARRIVA uses various tools and techniques to manage its network, deliver the Broadband Service, and ensure compliance with this AUP. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. ARRIVA’S network management practices may include, but are not limited to:

(1) identifying spam and preventing its delivery to customer e-mail accounts,

(2) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content,

(3) temporarily lowering the priority of traffic for users who are the top contributors to current network congestion, and

(4) using other tools and techniques that ARRIVA may be required to implement in order to meet its goal of delivering the best possible broadband Internet experience to all of its customers.

4.3.1 You acknowledge that all of the ARRIVA Internet services are intended for periodic, active use of email, transfers via FTP, Internet chat, Internet games, and browsing of the Internet. You must comply with all current bandwidth, data storage, and other limitations on ARRIVA’S Internet Services established by ARRIVA. The excessive use or abuse of ARRIVA’S network resources by one Customer may have a negative impact on all other Customers. Accordingly, you may not use ARRIVA’S Internet Services or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in ARRIVA’S sole discretion. Such prohibited actions include, but are not limited to:

4.3.1.1 Using ARRIVA’S Broadband Services to host a web server which attracts excessive traffic at your location;4.3.1.2 Continuously uploading or downloading streaming video or audio;4.3.1.3 Continuous FTP uploading or downloading, or;4.3.1.4 Using the Broadband Service in a manner that negatively effects other users’ ability to engage in real time exchanges and use of ARRIVA’S Internet Services.

4.4 The Broadband Service is provided for personal and non-commercial residential use only. Therefore, ARRIVA reserves the right to suspend or terminate Broadband Service accounts where data consumption is not characteristic of a typical residential user of the Broadband Service as determined by ARRIVA in its sole discretion.

4.5 Common activities that may cause excessive data consumption in violation of this AUP include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using file transfer protocol (“FTP”) and/or peer-to-peer applications. You must also ensure that your use of the Broadband Service does not restrict, inhibit, interfere with, or degrade any other person’s use of the Broadband Service, nor present (as determined by ARRIVA in its sole discretion) an overly large burden on ARRIVA’S network. In addition, you must ensure that your use of the Broadband Service does not limit or interfere with ARRIVA’S ability to deliver and monitor the Broadband Service or any part of its network.

4.6 If you use the Broadband Service in violation of the restrictions referenced above, that is a violation of this AUP. In these cases, ARRIVA may, in its sole discretion, suspend, terminate, or throttle your Broadband Service account or require that you subscribe to a different version of the Broadband Service (such as a commercial grade Internet service, if appropriate) if you wish to continue to use the Broadband Service at higher data consumption levels. ARRIVA may also provide versions of the Broadband Service with different speed and data consumption limitations, among other characteristics, subject to applicable Broadband Service plans.

4.7 ARRIVAS’ determination of the data consumption for Broadband Service accounts is final. 

 

5.1 ARRIVA reserves the right to immediately suspend, terminate, or throttle your Broadband Service account if you, or anyone you permit to access the Broadband Service, violate the terms of this AUP.

5.2 ARRIVA does not routinely monitor the activity of individual Broadband Service accounts for violations of this AUP, except for determining aggregate data consumption in connection with the data consumption provisions of this AUP. However, in the company’s efforts to promote good citizenship within the Internet community, ARRIVA reserves the right to respond appropriately if it becomes aware of inappropriate use of the Broadband Service. ARRIVA has no obligation to monitor the Broadband Service and/or the network. However, ARRIVA reserves the right at any time to monitor bandwidth, usage, transmissions, and content in order to, among other things, operate the Broadband Service; identify violations of this AUP; and/or protect the network, the Broadband Service and ARRIVA users.

5.3 ARRIVA prefers to inform customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. ARRIVA also prefers to have customers directly resolve any disputes or disagreements they may have with others, whether customers or not, without ARRIVA’S intervention. However, if the Broadband Service is used in a way that ARRIVA, in its sole discretion, believes violates this AUP, ARRIVA may take any responsive actions they deem appropriate under the circumstances with or without notice. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Broadband Service. Neither ARRIVA nor its affiliates, suppliers, and/or agents will have any liability for any of these responsive actions. These actions are not ARRIVA’S exclusive remedies and ARRIVA may take any other legal or technical actions it deems appropriate with or without notice.

5.4 ARRIVA reserves the right to investigate suspected violations of this AUP, including, but not limited to, the gathering of information from the user or users involved and the complaining party, if any, and examination of material on ARRIVA’S servers and network. During an investigation, ARRIVA may suspend the account or accounts involved and/or remove or block material that potentially violates this AUP. You expressly authorize and consent to ARRIVA cooperating with (1) law enforcement authorities in the investigation of suspected legal violations, and (2) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Upon termination of your Broadband Service account, ARRIVA is authorized to delete any files, programs, data, e-mail and other messages associated with your account (and any secondary accounts).

5.5 The failure of ARRIVA to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold harmless ARRIVA and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from any violation of this AUP. Your indemnification will survive any termination of your broadband service. 

 

6.1 ARRIVA is committed to complying with U.S. copyright and related laws, and requires all customers and users of the Broadband Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Broadband Service (or any part of the Broadband Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is ARRIVA’S policy in accordance with the DMCA and other applicable laws to reserve the right, in appropriate circumstances, to terminate the Broadband Service provided to any customer or user who is determined to be a repeat infringer, or who ARRIVA, in its sole discretion, believes is repeatedly infringing these rights. Arriva may terminate the Broadband Service at any time with or without notice to or for any affected customer or user.

6.2 Copyright infringement notices meeting the requirements of the Digital Millennium Copyright Act (17 USC 512) should be sent to ARRIVA’S Designated Agent listed at https://www.copyright.gov/dmca-directory/

 

 

6.3 What Constitutes a Valid DMCA Notice
To allow a DMCA notice to be able to be processed, the notice must meet the requirements found in 17 USC 512, with particular attention to 17 USC 512(c)(3). Failure to adhere to the following guidelines, or any requirement of 17 USC 512, may result in delay of processing or may result in non-processing due to being invalid notice:

a.     Designated Agent: DMCA Notices must be addressed to our registered DMCA agent at their proper current address as found both at https://dmca.copyright.gov and above in section 6.2 of these Terms. [see 17 USC 512(c)(3)(A)]b.     Signature: The takedown notice should include the copyright owner’s signature, or the signature of the person authorized to act on behalf of the owner (i.e., the owner’s agent). The signature can be in physical or electronic form. [see 17 USC 512(c)(3)(A)(i)] Whoever signs the notice should also identify whether they are the copyright owner or agent of the owner.c.      Identify the Work Allegedly Infringed: The takedown notice should clearly identify the copyrighted work or works claimed to be infringed. If multiple copyrighted works are being claimed to be infringed at a single online site the notice sender does not need to identify every single work, but instead can use a representative list of such works claimed to be infringed on the site. [see 17 USC 512(c)(3)(A)(ii)]d.     Identify the Allegedly Infringing Activity and its Location: The takedown notice should clearly identify the activity that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the allegedly infringing activity on its site or service. Typically, notice senders indicate the alleged activity and include the IP address or web address (URL), as most appropriately necessary in locating the alleged infringing party, indicating where the referenced activity has been observed to be occurring and the exact date and time the infringement was observed. [see 17 USC 512(c)(3)(A)(iii)]e.     Contact Information: The takedown notice should contain the notice sender’s contact information. Ideally, this information should include the notice sender’s email address, mailing address and/or telephone number. [see 17 USC 512(c)(3)(A)(iv)]f.       Good Faith Belief: The takedown notice should include a statement that the notice sender has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. [see 17 USC 512(c)(3)(A)(v)]g.     Accuracy of your Statements: The takedown notice should include a statement that the information in the takedown notice is accurate, and under penalty of perjury, that the notice sender is authorized to act on behalf of the copyright owner. [see 17 USC 512(c)(3)(A)(vi)] Providing false information and making a false claim may be punishable under federal law, and those making false notices may be sued and held civilly liable.

[should any reference become outdated or any of the above guidelines be found to conflict with existing law, refer to 17 USC 512 to determine appropriate guidelines and requirements]

 

7.1 If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy against ARRIVA or the ARRIVA Affiliated Parties is to terminate this Agreement and discontinue using the Service by canceling the account by following the procedures described in this Agreement.

ALL INFORMATION YOU RECEIVE FROM OR THROUGH THE SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE). THE INFORMATION AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE CONNECT COMMUNICATIONS AND WE CONNECT COMMUNICATIONS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE, INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION FROM THE SERVICE OR THROUGH THE SERVICE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE CONNECT COMMUNICATIONS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT, (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARRIVA AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROVISION OF SERVICES OR ITS PERFORMANCE MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.

YOU ACKNOWLEDGE THAT ACCESS TO AND USE OF THE SERVICE MAY EXPOSE YOUR DATA, COMPUTER SYSTEM AND NETWORK TO VIRUSES, ADWARE, SNOOPWARE, SPYWARE, MALWARE, HIJACKWARE, KEY LOGGERS, TROJAN HORSES, WORMS AND OTHER MALICIOUS CODE THAT MAY THREATEN THE SECURITY AND OPERATION OF YOUR SYSTEM AND NETWORK (COLLECTIVELY, “MALICIOUS CODE”). ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSS OF DATA, OR INVASION OF YOUR PRIVACY CAUSED BY MALICIOUS CODE CONTAINED WITHIN ANY ELECTRONIC FILE YOU ACCESS THROUGH OR OBTAIN FROM THE SERVICE IS DISCLAIMED. ARRIVA’S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES RELATING TO OUR PROVISION OF THE SERVICE SHALL NOT EXCEED $100 OR THE FEES YOU HAVE PAID IN THE PREVIOUS TWELVE (12) MONTHS, WHICHEVER IS LESS,  FOR THE SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM WHETHER SUCH CLAIM ALLEGES BREACH OF CONTRACT, OR TORTIOUS CONDUCT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR ANY OTHER THEORY.

ARRIVA provides access to third-party merchant [“Merchants”] sites from which You may purchase certain goods or services. ARRIVA may also allow you to connect to and use third-party products, services or software through the Site, under separate terms and conditions, in conjunction with our Services or separately. You understand that ARRIVA does not operate or control the products or services offered by Merchants or any other third parties and that ARRIVA is not a party to the transaction entered into between You and Merchants (or such other third parties).  These Terms do not apply to (and ARRIVA is not responsible for) such third-party sites, products, services and software, and these Terms do not govern the practices of such Merchants or other third parties.  Your use of any such third-party sites, products, services or software is governed solely by the third-party terms and conditions (including, without limitation, any end user license agreements) provided in connection with such sites, products, services or software. When using any such third-party sites, products, services or software, You should read the relevant terms of use provided by such third party. You agree that use of such third-party sites, products, services and software is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS ARRIVA OR ARRIVA AFFILIATED PARTIES LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR ANY OTHER THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON MERCHANT’S SITES OR ANY SITE LINKED TO AN ARRIVA SITE OR FOR ANY THIRD-PARTY PRODUCTS, SERVICES OR SOFTWARE.

You agree to defend, indemnify, and hold ARRIVA and ARRIVA Affiliated Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from: any violation of this Agreement by You or those who access the Service(s) through Your account and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by You or by those who have access to the Service(s) through Your account.