Terms & Conditions

Concord Light Terms and Conditions for Broadband Service

SERVICE OFFERINGS AND PLANS

 

Broadband service (“Service”) is available to residents and businesses in the Concord Municipal Light Plant (“Concord Light”) service area. Service is subject to availability, and there are some areas of Concord that are not served. Decisions by Concord Light regarding the availability of Service are final.  Information regarding Concord Light Service offerings and plans is available on the Service Plans and Pricing page of Concord Light’s website: www.ConcordMA.gov/Broadband  Service shall be subject to the following terms and conditions:

  • Two-year minimum Service term;
  • Payment of Installation Fees in addition to the monthly charges.  Residential customers will be charged a $150 fee for a single installation of Concord Light's broadband equipment, including electronics and fiber optic cabling.  Additional charges will apply to relocate this equipment.  Installation charges for non-residential customers shall be based on labor and material costs.  The Customer shall provide unobstructed access for the installation of service, including restraining all pets or other hazards;
  • Installation of conduit is at Customer’s sole expense in accordance with Concord Light’s specifications, if none is available;
  • Early termination charges if Service is cancelled by the Customer or terminated for non-payment or violation of Concord Light’s Terms of Use prior to the expiration to the Service term and Service is not restored.  For residential customers, the early termination fee shall be calculated at a rate of $10 per month, times the number of months remaining in the Service term, up to $230.Commercial customers having been billed on the basis of labor and material charges will not be subject to a service term.
  • No hosting of commercial web and email servers on residential service;
  • Termination of Service by Concord Light if any payment remains outstanding for more than 30 days. A reconnection fee of $50.00 will be charged for any Service disconnected due to non-payment;
  • Electronic equipment is and shall remain property of Concord Light;
  • Customer shall be subject to a $400 fee for damaged equipment or if the Customer fails to permit Concord Light to remove its equipment upon termination of Service;

 

  • Service and fees will be billed on a monthly basis as part of Concord Light's billing cycle, and to the extent permitted by law or regulation, such charges shall be included as a line item on the Customer's electric bill.  Customer’s electric service shall not be affected by the failure to pay any charges for broadband services when due;

 

  • Customers that do not have active service with Concord Light will need to establish an account prior to installation of Service.  All Concord Light’s requirements for new service must be met in order to establish an account.  Concord Light may require the payment of a security deposit prior to initiating Service.

 

ALL SERVICE OFFERINGS, PLANS, PRICING, AND TERMS OF SERVICE ARE SUBJECT TO CHANGE AT CONCORD LIGHT’S DISCRETION.  THE CUSTOMER AGREES TO ABIDE BY ALL OTHER TERMS AND CONDITIONS AND PRICING AS SET FORTH IN CONCORD LIGHT’S PUBLISHED SERVICE PLANS.


TERMS OF USE

 

1.             Acceptance of Terms through Use of Services

By using or accessing Concord Municipal Light Plant’s (“Concord Light”) Internet services and any corresponding network, equipment and facilities, including Concord Light’s transmission network, and equipment, facilities, systems, products and services incorporated or used in such transmission network (collectively “Service” or “Services”), the User agrees to be bound by these Terms of Use of Concord Light’s Services  ("Terms of Use"). Any person who gains access to the Services, whether authorized or unauthorized, shall be a “User”.  The term “Customer” refers to a person who is the customer of record.  A Customer also may be a User for purposes of these Terms of Use.  Concord Light reserves the right to update, revise or amend the Terms of Use from time to time by posting a revised copy on Concord Light’s website at www.ConcordMA.gov/Broadband.  Use of Concord Light’s Services after changes to the Terms of Use are posted on the website shall be deemed to constitute User’s acceptance of such new, revised, or additional terms.  The User also agrees to abide by any Acceptable Use Policies (“AUP”), as may be amended or updated from time to time, of Concord Light’s providers to the extent Concord Light provides a copy of or a valid link to such AUP on its website at www.ConcordMA.gov/Broadband.  The User is responsible for monitoring the website for any changes to these Terms of Use or any additional terms included in a provider AUP.  To the extent a conflict exists between these Terms of Use and a provider AUP, the Terms of Use shall control.  Concord Light may terminate or suspend Service and may take any other action that it deems necessary in the event of a violation of these Terms of Use or any applicable AUP.

 

2.             Proprietary Rights and Grant of Limited License

Concord Light provides access to information, communications, software, photographs, video, graphics, music, sounds and other material and services located both on Concord Light’s  computer servers and other services on the Internet ("Content"). Such Content may be protected by copyrights, trademarks, other intellectual property rights, and other proprietary rights ("Rights") of independent third parties. The User agrees that use of such Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners and/or licensors of the Rights in such Content. The User agrees not to post or transmit Content that is subject to another party's Rights, on or through the Services, without that party's express written permission, when such permission is required by law or agreement.

 

The User also agrees that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries) the User is requesting Concord Light to make that material available to other Internet users and the User understands that such access will result in copies of User’s Content being transmitted to others. In order to permit Concord Light  to publish such Content, the User automatically grants, and represents and warrants that the owner of the rights in any such Content, has expressly authorized the User to grant, Concord Light a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to Service subscriber's request. The User further warrants and represents that use of User’s Content will not infringe or violate the rights of any third party.

 

3.             Third Party Sites

User acknowledges that the Services may produce automated search results or otherwise link the User to other sites on the Internet. These sites may contain Content that some people may find inappropriate or offensive. These other sites are not under the control of Concord Light , and you acknowledge that Concord Light is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Concord Light.

 

4.             Liability for Violations and Misuse of Services

The Customer acknowledges and agrees that the Customer shall be liable to Concord Light for any violations of these Terms of Use or any applicable AUP committed by the Customer or authorized Users of the Customer’s account.  For purposes of these Terms of Use, an authorized User shall include any User who has received permission from the Customer, whether express or implied, to use the Customer’s account, including but not limited to, occupants of the Customer’s household and guests who have access to the Services through Customer’s account.  Concord Light also reserves the right to pursue any remedies available at law or in equity against the User directly for any violation of these Terms of Use or applicable AUP.

 

5.             Limitation of Liability for Use of Services

Concord Light does not warrant that use of the Services will be free from interruptions or defects.  Concord Light shall not be liable for any injuries or damages arising from Customer’s use of the Services, except to the extent caused solely by Concord Light’s own gross negligence or willful misconduct.  In no event shall Concord Light be liable for any indirect, incidental, special, or consequential losses or damages of any kind arising therefrom.

 

6.             No Warranty or Liability for Content on Concord Light’s Broadband Servers

Concord Light does not pre-screen, monitor, or verify the accuracy or quality of information available on the Internet.  Users are solely responsible for exercising discretion before using or relying on any information obtained on the Internet and shall proceed at their own risk.  CONCORD LIGHT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR THE ACCURACY, SUITABILITY, RELIABILITY, OR QUALITY OF SUCH INFORMATION AND DISCLAIMS LIABILITY FOR ANY INJURIES ARISING OR RESULTING FROM INACCURATE, UNSUITABLE, OFFENSIVE, OR ILLEGAL INTERNET COMMUNICATIONS OR CONTENT.  While Concord Light does not control or monitor the Content of online communications, Concord Light may, remove or block access to any Content from its servers that does not comply with the Terms of Use or that Concord Light deems to be unlawful, harmful, or offensive or otherwise, in its reasonable discretion.  The User agrees that Concord Light is not responsible for any failure or delay in removing such Content.

 

7.             No Warranty or Liability for Security or Integrity of Information

Because the Internet is an inherently open and insecure means of communication, any data or information the User transmits over the Internet may be susceptible to interception and alteration. Concord Light makes no warranty or guarantee regarding, and assumes no liability for, the security and integrity of any data or information the User transmits via the Service, over Concord Light’s network or over the Internet, including any data or information transmitted via any server designated as “secure.”  Users are responsible for taking appropriate measures to safeguard their Internet communications. 

 

8.             Monitoring of Electronic Mail Messages and Disclosure of Information

Concord Light does not intentionally monitor private electronic mail messages sent or received by Users for content unless required to do so by law or governmental authority, or when deemed necessary by Concord Light for purposes of public safety.  Concord Light may monitor its Services electronically for purposes of determining whether its facilities, Services or network are operating satisfactorily.  Use of the Services shall constitute the User’s consent and authorization for Concord Light to monitor its Services and network for such purposes.

 

The User acknowledges that Concord Light observes and complies with all applicable federal and state laws, including providing notice to the National Center for Missing and Exploited Children or other designated agencies, and intends to cooperate with law enforcement agencies or officials in investigating claims of illegal or inappropriate activity.  Concord Light may disclose information, including but not limited to, information concerning a User, a User’s use of the Services, a transmission made using Concord Light’s network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request or directive.  Concord Light assumes no obligation to inform the User that User-specific information has been provided to any person or entity.  Concord Light may disclose User information or information transmitted over Concord Light’s network where necessary to protect Concord Light and others from harm, or when such disclosure is necessary for the proper operation of the system, as determined by Concord Light in its sole discretion. 

 

9.             Disclaimer of Warranties of Merchantability and Fitness for a Particular Purpose

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE EXTENT ALLOWED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

 

10.          Limitation on Damages

TO THE EXTENT ALLOWED BY LAW, CONCORD LIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES ONLY TO THE EXTENT OF CONCORD LIGHT’s LIABILTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONCORD LIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

11.          User Responsibilities

                The User shall be solely responsible for any material that is maintained, transmitted, downloaded, viewed, posted, distributed, or otherwise accessed or made available using the Services.  The User shall be solely responsible for the security of its network and maintaining the confidentiality of passwords and account information.  The User agrees to notify Concord Light immediately of any unauthorized use of its account or any other activity that may constitute breach of security.  The User shall promptly notify Concord Light of any known or suspected violation of these Terms of Use, including any violation of an applicable AUP, by any person, including Users that have accessed the Services through a Customer’s account, whether authorized or unauthorized.  Users shall immediately notify Concord of any impending events that may adversely impact the Services or Concord Light’s network.

 

12.          Prohibited Activities 

The User shall be prohibited from using the Services to engage in any of the following activities or as otherwise in violation of any federal, state, or local civil or criminal law, regulation, or court or administrative order or directive:

 

a.             Unauthorized Solicitations and Spamming: — Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”), or chain letters or any other form of unauthorized solicitation is prohibited.  Spamming includes receiving replies from unsolicited e-mails (i.e., “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third-party e-mails for forwarding (i.e., “open mail relay”).  Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e-mail messages through a “verified opt-in” process.  Any User that sends bulk e-mail messages must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and shall immediately provide Concord Light with such records upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users also are prohibited from using the service of another provider to send spam in order to promote a site hosted on or connected to the Services.  Users shall not use the Services in order to send e-mail messages that are 1) excessive and/or intended to harass or annoy others, 2) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, 3) send e-mails with forged TCP/IP packet header information, or 4) send malicious e-mail, including, without limitation, “mailbombing”.  Users shall not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest e-mail addresses from the Internet for that purpose.  Users shall not sell or distribute lists of harvested email addresses for the purpose of “opt-out” e-mail.

 

b.             Intellectual Property and Privacy Violations — Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents or that violates privacy, publicity, or other personal rights of others is prohibited.  Concord Light will process and investigate reports of alleged infringement and will take appropriate actions, including but not limited to removing or blocking access to content, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. 

 

c.             Obscene Speech or Materials — Transmitting, distributing or storing of any material in violation of any applicable law or regulation is prohibited.  Using the Services to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Concord Light does not prohibit any material allowed by law or protected by the First Amendment to the United States Constitution.  Concord Light will notify law enforcement agencies if it becomes aware of the presence or transmission of child pornography on or through the Services or Concord Light’s network.

 

d.             Defamatory or Abusive Language or Content – Using the Services to transmit or post any material, including text, sounds or images, that may be defamatory, harassing, abusive, fraudulent, tortious, unlawful, threatening, intimidating, or invasive of an individual’s personal privacy is prohibited.  Any use that degrades, threatens, or victimizes an individual, group or class of individuals or an entity, is prohibited.

 

e.             Forging of Headers or Content — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message and forging or misrepresenting any data with false or misleading content is prohibited.

 

f.              Illegal or Unauthorized Access to Other Computers or Networks — Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (known as “hacking”) is prohibited. Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) also is prohibited.  Any attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or  Concord Light’s network or the computers, services, accounts or networks of any other party (i.e., “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Concord Light IP space is prohibited. Executing any form of network monitoring (i.e., using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the User without proper authorization is prohibited.  Also, attempting to circumvent User or Customer authentication or security of any hosts, network, or account (“cracking”) without authorization is prohibited.

 

g.             Exploitation of Vulnerabilities in Hardware or Software for Malicious Purposes –Exploitation of scripts presented on web pages (i.e. forms for answering questions or entering data) is prohibited.  Activities that disrupt the use of or interfere with the ability of others to effectively use the Services or any connected network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (e.g., DDOS, SYN Floods or similar attacks) also are prohibited.

 

h.             Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Sending viruses or other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of a third party, including worms, Trojan horses, flooding, mail bombing, or denial of service attacks, or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention is prohibited.  Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment, or that may be harmful to or interfere with Concord Light’s provision of Services, Concord Light’s network, or any third party’s network, equipment, applications, services or websites also are prohibited. 

 

i.              Facilitating a Violation — Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms of Use or any applicable AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software is prohibited.

 

j.              Export Control Violations – Exporting encryption software over the Internet or otherwise in violation of International Traffic in Arms Regulations (“ITAR”), to points outside the United States is prohibited.

 

k.             Phishing and Deceptive Practices— Simulating communications from and/or to a website or other service of another entity in order to collect identity information, credit or bank information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.  Sending or transmitting information that is fraudulent or contains false, deceptive or misleading statements, claims or representations or otherwise engaging in deceptive marketing practices including without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes are prohibited.

 

l.              Pharming — Using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.

 

m.           Servers and Proxies — Users may not run on Concord Light’s servers any program which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots.  Users are responsible for the security of their own networks and equipment.

 

n.             Solicitation of Minors – Soliciting a minor as defined by applicable law or collecting personal or identifying information from or about any minor (anyone under the age of 18 years old) for any purpose is prohibited.

 

o.             Other Illegal Activities — Engaging in any other activities that are deemed to be illegal, including but not limited to false or deceptive advertising, pyramid schemes, fraudulently charging credit cards, and pirating software is prohibited.

 

p.             Other Harmful Activities – Engaging in activities, whether lawful or unlawful, that Concord Light determines, in its sole judgment, to be harmful to its Customers, Users, operations, reputation, goodwill, or customer relations is prohibited.  This provision includes the failure to comply with any specific instructions given by Concord Light, including those instructions that are intended to protect the health or safety of the public, quality of the Services provided to Concord Light’s other Customers and Users or the quality of other services provided by Concord Light, as needed for technical compatibility of equipment attached to Concord Light’s network.  Any attempt to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document “use” of Concord Light’s products and services is prohibited.  Any other inappropriate activity or abuse of service (as determined by Concord Light in its sole discretion) whether or not specifically listed in these Terms of Use, also may result in suspension or termination of the User’s access to or use of the Services.  This list of prohibitive activities is not exhaustive, and Concord Light reserves the right to determine that any conduct that is or could be harmful to Concord Light’s network, its Customers or Users constitutes a violation of these Terms of Use and reserves the right to exercise any or all of the remedies at law or equity and as specified herein.

 

13.          Duty to Indemnify

The User agrees to defend, release, indemnify, and hold harmless Concord Light, and its commissioners, managers, officers, employees, and contractors from all liability, claims, and expenses, including attorney's fees, in connection with User’s misuse of the Services or any violation of these Terms of Use. Concord Light reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. In such an event, the User shall cooperate with Concord Light  in asserting any available defenses.

 

14.          Complaints or Reports of Misuse of Services or Violations

Users shall report any suspected prohibited uses or other misuse of Services, including any violations of these Terms of Use to Christopher Roy, Assistant CMLP Director. Please include all applicable information that will assist Concord Light in investigating the complaint.  Users shall cooperate with Concord Light in investigating and correcting any alleged violations.

 

Concord Light shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before taking any remedial or corrective action under these Terms of Use, including suspension or termination of Services.  A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited.  User acknowledges that Concord Light has no obligation to forward the complaint to the User or to identify the complaining parties.

 

15.          Determination and Consequences of Non-Compliance

Concord Light, in its sole discretion, shall determine whether User’s conduct or activities or the use of the Services violate any provision of these Terms of Use or are otherwise prohibited.  Concord Light reserves the right to pursue any remedies available in law or equity, to seek injunctive relief against the User without the necessity of posting a bond, to prevent irreparable harm that such violation or prospective violation may cause or to take any such action that it deems necessary to compensate Concord Light for any injuries, losses, or damages incurred, to correct suspected violations or to prevent any potential future violations, including but not limited to, the issuance of written or verbal warnings, filtering, blocking, suspending, or terminating accounts or Services or terminating access to Concord Light’s network, billing the Customer for administrative costs incurred as a result of such violations, regardless of whether such use was authorized by the Customer, and imposing fees and charges for cancellation and/or reactivation.  Such actions may be taken by Concord Light without prior notice to the Customer or User. 

 

In the event Concord Light terminates Service for violation of these Terms of Use, the Customer may be subject to applicable termination fees.  Before terminating Service, Concord Light will notify the Customer in writing and afford the Customer a reasonable opportunity to remedy the alleged failure or violation, provided that advanced notice and no cure shall be permitted, when Concord Light determines, in its sole discretion, that such conduct or activity presents an immediate and material threat to the integrity or security of Concord Light’s network or to the services that Concord Light provides to others using Concord Light’s Services or network.  In the event Concord Light suspends Service for a suspected violation, Concord Light will provide the Customer with contemporaneous notice of the Service suspension or shortly thereafter as is reasonably practical.  In the case of repeated incidences of the same or similar violations, no additional cure period will be afforded.

 

16.          Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to  conflicts of law principle.  The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or User’s use of the Services shall be brought only in a court of competent jurisdiction with subject matter jurisdiction located in the Commonwealth of Massachusetts in Middlesex County, and the User  agrees to accept and submit to the  personal jurisdiction of such court.

 

17.          Conflicts

These Terms of Use, as may be amended from time to time, shall apply to all Customers and Users of the Services to the extent such terms do not conflict with any other agreement between Concord Light and the Customer or User.  To the extent a conflict exists, the terms of the agreement shall apply. 

 

18.          Severability

If any term, covenant or condition of these Terms of Use shall, to any extent, be determined to be invalid or unenforceable by a court or body of competent jurisdiction, then (i) these Terms of Use shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent or purpose, and (ii) the remainder of the provisions shall be valid and enforceable.

 

19.          Entire Agreement

Unless otherwise specified herein, the Terms of Use constitute the entire agreement between the Customer, any User, and Concord Light with respect to use of the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic).