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Upper Peninsula Power Company ("UPPCO")
Terms of Web Site Use
(Revised February 5, 2003)
PLEASE NOTE: By using this Web site, you will be accepting these terms of use.
If you do not accept these terms, please do not use this Web site.
Please check the Terms of Use frequently for amendments and revisions.
The most up-to-date version will always be available for review on
uppco.com ("the Web site" or "the site"). The amendments will
become effective at the time they are posted on the Web site. Your
continued use of the Web site after amendments are posted will constitute
your acceptance of such amendments.
We may modify or discontinue any aspect or component of the Web site at
any time. If you breach any of these Terms of Use, we can terminate your
right to use the Web site. Upon termination, you agree to immediately delete
or destroy any downloaded or printed material obtained from the Web site.
Content
We provide a variety of information and services to our customers through
the Web site. You may use the Web site solely for your own residential,
business or informational purposes and pursuant to these Terms of Use; you
may not use the Web site for the purpose of competing with UPPCO. You may
view and download material displayed on the Web site, provided that you
retain all copyright, trademark, and other proprietary notices displayed
on the materials.
While using the Web site or any service, you may not:
- retransmit, republish, distribute, reuse, resell, repost, re-engineer,
or make multiple copies of the Web site or any portion thereof without UPPCO's
prior written consent;
- upload, post, publish, transmit, reproduce, or distribute through the Web
site any material that infringes any third party's copyright, patent, trademark,
service mark, trade dress, trade secret, or other proprietary rights, or which
violates any contractual, fiduciary, or judicially-imposed nondisclosure
obligations;
- engage in conduct, during use of the Web site, that is unlawful, threatening,
harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy
or publicity rights of others;
- upload, post, publish, transmit, reproduce or distribute through the Web site
any material that contains advertising solicitations, bulk unsolicited e-mails or
spam, chain letters, pyramid opportunities, or offers for the sale of goods or
services;
- upload, post, publish, transmit, reproduce, or distribute through the Web
site, or place any links on the Web site to, any material that is vulgar,
obscene, profane, hateful, sexually explicit, or otherwise objectionable;
- alter, interfere, or disrupt the content or functioning of the Web site or UPPCO's
service, including but not limited to uploading, posting, or transmitting any
material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots,
or other computer programming routines that damage, interfere with, capture,
intercept, or expropriate the Web site or any data contained therein; or (b)
disproportionately burdens the operation of the Web site;
- use the Web site to gain unauthorized entry or access to other computer
systems or networks;
- "mirror" the Web site or any of its content on any other server without
the express prior written permission of UPPCO;
- impersonate any person or entity, falsely state or otherwise misrepresent
your affiliation with any person or entity, forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content that you post, or
otherwise transmit to us via the Web site; or
- upload, post, publish, transmit, reproduce or distribute through the Web
site any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any law, regulation,
or government order.
The Web site and any content, information, software, functions, and applets
provided on or through the Web site are made available on an "as is" and "as
available" basis. UPPCO does not warrant that the Web site or any content or service
provided in connection with the site will be timely, secure, uninterrupted, or
error-free, or that defects in the Web site or in any content or service provided
on or through the Web site will be corrected.
UPPCO will not be responsible for errors, omissions, interruptions, deletions,
defects, or delays in the operation or transmission of the Web site or any
services or related content, for communication line failures, or for computer
viruses associated with the operation of the Web site. UPPCO makes no warranty
regarding any information made available through or on the Web site.
UPPCO MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB SITE,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
Creating an Online Profile
The Web site offers our customers a variety of functions and services.
Many of the services use personal and customer account information. To protect
your privacy, we may require that you establish an online profile. We reserve
the unqualified right to:
- accept or decline an application to create an online profile;
- terminate any online profile; and to
- discontinue the provision of any service related to such an online profile.
When creating an online profile, you will either designate or receive a
username and password that you can use to establish your identity when you
sign in for and use certain services. You agree:
- to provide accurate and complete information when opening an online profile;
- to update your information as necessary so that it remains accurate and
complete; and
- not to impersonate any other person, operate under an alias, or otherwise
conceal your identity.
The right to use the services and functions of an online profile on the Web site
is limited to you as the party enrolling and those authorized persons to whom
you give your password. You are responsible for safeguarding your username
and password and agree to hold UPPCO harmless from any claims resulting from
improper use of your password. You agree to be responsible for all acts or
omissions with respect to access to or use of an online profile by any person
using your password. Please contact UPPCO immediately if you believe that the
security of your username or password has been compromised.
Information collected from you on the Web site (including information about your
online profile and customer account) is subject to our Web site Privacy Policy.
e-Bill through CheckFree
Some customers of UPPCO are able to pay their energy bills online by using the
electronic bill payment service offered through CheckFree Services Corp.
("CheckFree"). While using the service, you will actually be on CheckFree's
servers and will not be on the UPPCO Web site. As a result, your use of the
service will be subject to CheckFree's terms of use, and use of your personal
information will be subject to CheckFree's privacy policy. You should review
both carefully before signing up for e-Bill, as UPPCO's Terms of Use do not
apply to the service and UPPCO is not responsible for the functionality or
security of the service.
Copyrights
All content on the Web site, including all text, graphics, artwork, logos, buttons,
icons, images, audio clips, video clips, software, and code, is the copyrighted
property of UPPCO or other content suppliers and is protected by U.S. and
foreign copyright laws and international conventions. Any unauthorized use
of materials on the Web site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations or statutes.
Except as allowed in these Terms of Use, such content may not be reproduced,
modified, edited, distributed, republished, downloaded, displayed, posted,
sold, or transmitted (in whole or in part) in any form or by any means,
including but not limited to electronic, mechanical, photocopying, recording,
or otherwise, without the express prior written permission of UPPCO or the other
copyright owner, as the case may be.
Trademarks
The trademarks, service marks, logos, graphics, page headers, button icons,
scripts, domain names, URLs, and other identifiers ("Trademarks") used and
displayed on the Web site are registered and unregistered Trademarks of UPPCO
and others in the United States and other countries. No display or use of
such Trademarks may be made without the express prior written permission
of UPPCO or other Trademark owner, as the case may be. You may not use any
meta tags or any other "hidden text" using UPPCO's name or Trademarks without
the express prior written permission of UPPCO.
Links and Third-Party Web sites
The Web site may display links to other Web sites or electronic services
sponsored by third parties. If you click on one of these links, you will
leave the Web site and go to the site of a third party. In addition, if
you request certain content appearing on the Web site, you may be taken
to a third party's site that is hosting the content. In some cases, the
third party's content may be "framed" in such a way that it appears you
are still on the Web site. UPPCO is not responsible for the content or
operation of third-party Web sites or electronic services reached by
virtue of such links or content, and the presence of such links or content
does not imply that UPPCO endorses or is affiliated with such Web sites,
services, or third parties, or any services or products offered therein
or thereby.
SSL and Encryption
The process of logging on that requires usernames, passwords, or any
personal information that you enter in fields or forms is secured using
an industry standard security technology known as Secure Sockets Layer
("SSL"). By using SSL, we attempt to safeguard the confidentiality of
your username, password, and other personal information. For SSL to work,
your browser must be capable of supporting ssl; please check with your
browser manufacturer for details.
Encryption is the process of converting information into a more secure format for
transmission. The plain text is converted to scrambled code while
being transmitted, and then decrypted back to plain text at the receiving end of
the transmission.
Currently there are 2 levels of encryption generally available in web browsers:
40-bit encryption, and 128-bit encryption. The 128-bit browser offers the highest
level of encryption generally available in North America today and provides the
best protection when transmitting confidential data over the Internet.
- The web address will have a https instead of http in SSL.
- The bottom bar of your browser will also have a "lock" symbol in SSL.
Liability
UPPCO, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY,
SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH
THE WEB SITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEB
SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless UPPCO, its affiliates and
subsidiaries, and their officers, directors, employees, agents, successors,
or assigns from any and all claims, liabilities, costs, and expenses
(including reasonable attorneys' and experts' fees) arising in any way from
your use of the Web site or the placement or transmission of any message,
information, software, or other materials or content on or through the Web
site by you or users of your online profile or related to any violation of
these Terms of Use by you or users of your online profile.
The Terms of Use state the entire agreement between you and UPPCO relating
to your use of the Web site, and all prior and contemporaneous agreements
and understandings relating to the subject matter of these Terms of Use
are superseded by and merged into these Terms of Use. These Terms of
Use may not be amended, except by UPPCO, as provided at the beginning
of these Terms of Use.
Suggestions
It is UPPCO's policy NOT to accept or consider any creative ideas,
suggestions or other materials other than those that are specifically
requested by UPPCO. If, despite our request that you do not send us any
creative materials, you send us creative suggestions, ideas, notes,
drawings, concepts, or other information (collectively, the "Information"),
the Information shall be deemed, and shall remain, the property of UPPCO.
None of the Information shall be subject to any obligation of
confidentiality on the part of UPPCO. UPPCO shall not be liable for
any use or disclosure of any Information.
Children
Although UPPCO does not specifically seek to obtain any information
from children, we do not restrict children from visiting the Web site.
We urge children only to give us any information after getting
permission from their parents. In some cases, there are age limits
for certain contests and give-aways. More details are provided
in the contest areas.
This agreement and the terms for the use of the Web site shall be governed
and construed in accordance with the laws of the state of Wisconsin, without
giving effect to any principles of conflicts of law. The terms of this
agreement shall remain in effect until such time that they may be updated.
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