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TOLEDOTEL INTERNET SERVICE AGREEMENT (As of July, 2014)
- Gerald Allison
- 2 years ago
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1 TOLEDOTEL INTERNET SERVICE AGREEMENT (As of July, 2014) This agreement sets forth the terms and conditions under which ToledoTel will provide Internet service to you at your home or business. 1. The Service 1.1 ToledoTel Internet Service is a service provided by ToledoTel that will provide you interactive access to the Internet as a registered customer or authorized user, subject to the terms and conditions of this Customer Use Agreement ("Agreement"). 1.2 ToledoTel will provide you with an Internet connection from a single connection in your home or business via a DSL Broadband Internet Service. 1.2.a Basic, or Premier DSL Service or 1, 5, 10, 20 or 50 FTTH DSL: ToledoTel will provide DSL service and a single dynamic IP address for each authorized modem or computer enabled device OR 1.2.b Business DSL Service: ToledoTel will provide for a fee, DSL service and a static block, or subnet of IP addresses, as deemed needed, for each authorized modem; ToledoTel is not responsible for the content and up keep of personal web pages. Technical support for personal web pages will not be provided. 1.3 No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on ToledoTel. 1.4 ToledoTel reserves the right to modify the terms of this Agreement, including the charges for installation and service, at any time. Except as otherwise provided in this Agreement, any modification is effective immediately upon posting notification to you by electronic mail, conventional mail, or Web Site, as provided in Section 11. Your continued use of the ToledoTel Internet Service following modification to this Agreement shall be deemed as acceptance of such modification. 2. General Subscriber Obligations 2.1 You are accepting this Agreement on behalf of yourself and any person who accesses ToledoTel Internet Service through your computer, under your screen name or password or through the DSL in your home or business. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms. 2.2 ToledoTel Internet Service is restricted to individuals of at least 18 years of age and business. By subscribing to ToledoTel Internet Service, you certify that you are at least 18 years of age and/or an operating business in the State of Washington. ToledoTel may, in its sole discretion, accept customers under other billing arrangements. 2.3 You agree to provide ToledoTel with accurate, complete and current information, including your legal name, age, address, telephone number(s) and payment data (i.e., credit, debit or charge card numbers and expiration dates) upon subscribing to ToledoTel Internet Service. You agree to promptly inform ToledoTel if there is any change in the information you provided to ToledoTel at the time of enrollment. Failure to provide accurate information constitutes a breach of this Agreement and may result in immediate termination of service to you. 2.4 ToledoTel Internet Service is provided to you at your current home or business. You may not transfer your subscription or your rights and obligations under this Agreement to any other person or to yourself at a different location. 3. Computer Equipment Requirement 3.1Certain minimum configuration standards are required for using ToledoTel internet service. You understand that ToledoTel internet service may not be operational without these minimum requirements which have been identified for you and you certify that your equipment, at a minimum, conforms to this set of technical configuration requirements. 3.2 If ToledoTel installs dsl service at your residence or business for the use of ToledoTel internet service, the use of this dsl service shall be strictly limited for the purposes of accessing ToledoTel internet service. 3.3 For all dsl users ToledoTel provides the dsl modem or optical network terminal, which is installed by ToledoTel, its agents, employees or contractors, under this agreement, shall remain property of ToledoTel. 4. Service & Installation Charges 4.1 You acknowledge receipt of notification that the ToledoTel Internet Service provided pursuant to this Agreement is priced subject to the rates in effect or presented at the time of installation and in accordance with the type of connection you select. You further acknowledge that you have been informed of the current Rate Schedule prior to installation and provided with a Rate Schedule. 4.2 You agree to pay an installation fee, a monthly recurring charge, the monthly maintenance and lease charge, and all charges for use of ToledoTel DSL Service under your account at the rates in effect during the billing period in
2 which the charges were incurred. You agree to pay any local, state and/or federal taxes and fees imposed or levied on or with respect to your subscription to or use of ToledoTel Internet Service. 4.3 ToledoTel reserves the right to change the amount of fees and charges from time to time at its discretion and upon 30 days notice to you in accordance with Section Installation fees are due at the time of installation. Monthly charges are due and payable the 20th of each month. Failure to pay the full amount of your account balances 30 days in advance will cause disconnection of service. ToledoTel will charge a returned check fee of $ If you discontinue service or are disconnected, you agree to pay a reconnect charge before reconnection. You further agree to be charged and to pay any outstanding balance in the event of cancellation, disconnection or termination of your account. 4.6 You will be responsible for all expenses (including reasonable attorneys' fees) incurred by ToledoTel in collecting any unpaid amounts due in accordance with this Agreement. All introductory offers require a 24 month commitment. In the event of early termination, the purchaser agrees to pay the difference between the contract rate and the normal, undiscounted monthly rate from the date service was initiated to the date service was terminated. 5. Charges for On-Line Services/Internet Transactions 5.1Through use of ToledoTel Internet Service, you may access certain information, products, and services from persons other than ToledoTel, for which there is a charge, including certain on-line services such as America Online. YOU AGREE THAT ALL SUCH FEES OR CHARGES FOR ON-LINE SERVICES, PRODUCTS OR INFORMATION ARE YOUR SOLE RESPONSIBILITY AND NOT THE RESPONSIBILITY OF TOLEDOTEL. YOU ALSO AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY OF YOUR CREDIT CARD INFORMATION FROM UNWANTED OR UNAUTHORIZED CHARGES FOR INTERNET BASED TRANSACTIONS. 6. Service and Performance 6.1 ToledoTel will make reasonable efforts to assure that ToledoTel Internet Service will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service. 6.2 ToledoTel shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to ToledoTel Internet Service. 6.3 ToledoTel shall not be liable for performance deficiencies caused or created by your equipment. 6.4 You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the ToledoTel Internet Service. Further, you shall ensure that such equipment is technically and operationally compatible with the ToledoTel Internet Service and in compliance with applicable Federal Communications Commission rules and regulations. 6.5 ToledoTel Internet Service is provided over a shared network, and users will contend for bandwidth. As a result, depending among other things upon the intensity of customer use of ToledoTel Internet Service, the bandwidth available to you and the speed of service will not always operate at optimum levels. ToledoTel does not guarantee bandwidth. However, if ToledoTel determines, in its sole discretion, that your account is using, or has consistently used, an excessive amount of bandwidth, ToledoTel may restrict speed, bandwidth usage, and/or terminate your account at any time and without notice. Before taking any such action, ToledoTel shall make a reasonable effort to notify you that such action will be taken. 6.6 If your use or modification of the software, hardware or equipment supplied by ToledoTel requires a visit to your home or business for repair or correction, ToledoTel reserves the right to charge you for the visit and labor required to correct the situation. ToledoTel does not undertake to correct or repair software, hardware or equipment that it does not supply. 7. Customer Use 7.1You are personally responsible for all use of ToledoTel Internet Service under your account. You agree not to resell, redistribute, assign, transfer, or sublicense your access to ToledoTel Internet Service in any manner. You agree not to use ToledoTel Internet Service for any type of business or commercial enterprise that competes in any way with ToledoTel, including (but not limited to) the provision of internet access to others or provision of a server site for FTP, Telnet, RLOGIN, electronic mail, web hosting or other comparable applications. You also agree not to use ToledoTel Internet Service to operate as an Internet Service Provider ("ISP") or to operate any other business enterprise in competition with ToledoTel Internet Service. You agree that your violation of this Section shall authorize ToledoTel, in its sole discretion, to immediately disconnect ToledoTel Internet Service to you and terminate this Agreement without notice.
3 7.2 Due to the difficulty in quantifying damages to ToledoTel for a violation of this Section 7, you agree to pay liquidated damages to ToledoTel in the amount of $500 (five hundred dollars) per day for each day that you are in violation of this Section 7. These remedies shall be in addition to all others available to ToledoTel in law and equity. 7.3 YOU MAY, AT YOUR DISCRETION, PERMIT AN AUTHORIZED USER UNDER 18 YEARS OF AGE TO USE TOLEDOTEL INTERNET SERVICE AND YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE TO PROVIDE ADULT SUPERVISION. YOU ACKNOWLEDGE FURTHER THAT TOLEDOTEL INTERNET SERVICE PROVIDES FULL ACCESS TO THE INTERNET WITHOUT RESTRICTION. 7.4 ToledoTel will provide you with a dynamic IP address. You agree not to alter, modify or tamper with the IP address or those of any person subscribing to ToledoTel Internet Service. ToledoTel will take back the IP address upon disconnection, discontinuance or termination of service. 7.5 You agree not to alter, modify or tamper with any equipment provided by ToledoTel, or the configuration of such equipment as set by ToledoTel. 7.6 Any conduct by you that, in ToledoTel s sole discretion, inhibits or restricts any other customer, person or entity from using or enjoying ToledoTel Internet Service shall entitle ToledoTel to immediately disconnect ToledoTel Internet Service to you and terminate this Agreement without notice. You agree to use ToledoTel Internet Service only for lawful purposes. You may not use, or allow others to use, your ToledoTel Internet Service account, either directly or indirectly, to: (1) post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to, material that would constitute or encourage copyright or trademark infringement, a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (2) post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk ), promotional materials or other forms of solicitation to other individuals or entities; (3) unlawfully access other computers or services, or to cause a disruption of service to other on-line users; (4) cause disruption to ToledoTel's backbone network, nodes, or services, or that of other service providers; or (5) establish a web page or site on your computer, without proper authorization from ToledoTel. (6) enable persons under 18 years of age to obtain material that is prohibited by law to be sent or displayed. 8. LIMITATION OF LIABILITY: NO WARRANTIES PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF TOLEDOTEL AND ALL ITS AFFILIATES. 8.1 DAMAGE TO YOUR HOME OR BUSINESS COMPUTER. EXCEPT IN CASES OF GROSS NEGLIGENCE ORWILLFUL MISCONDUCT, TOLEDOTEL SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS OR DESTRUCTION TO YOUR EQUIPMENT. IN THE EVENT OF SUCH A GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TOLEDOTEL SHALL PAY FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED PARTS UP TO A MAXIMUM OF $3,000 AND SUCH SHALL BE YOUR SOLE REMEDY RELATING TO SUCH ACTIVITY. NEITHER TOLEDOTEL NOR ITS SUPPLIERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA. IN ADDITION, YOU UNDERSTAND THAT THE OPENING OF YOUR COMPUTER MAY VOID WARRANTIES PROVIDED BY THE COMPUTER MANUFACTURER OR OTHER PARTIES RELATING TO THE COMPUTER S HARDWARE OR SOFTWARE. YOU HEREBY CONSENT TO THE OPENING OF THE COMPUTER FOR THE INSTALLATION AND REMOVAL OF EQUIPMENT RELATED TO TOLEDOTEL INTERNET SERVICE. NEITHER TOLEDOTEL NOR ITS SUPPLIERS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. 8.2 DAMAGE, LOSS OR DESTRUCTION OF SOFTWARE FILES AND/OR DATAYOU UNDERSTAND THAT, AS PART OF THE INSTALLATION OF THE TOLEDOTEL INTERNET SERVICE, SYSTEM FILES ON YOUR COMPUTER MAY BE MODIFIED OR DELETED. TOLEDOTEL DOES NOT REPRESENT, WARRANT, OR COVENANT THAT SUCH MODIFICATIONS WILL NOT DISRUPT THE NORMAL OPERATIONS OF YOUR COMPUTER. FOR THESE AND OTHER REASONS, TOLEDOTEL RECOMMENDS, AND YOU AGREE, THAT YOU WILL BACK UP ALL FILES PRIOR TO INSTALLATION OF THE TOLEDOTEL INTERNET SERVICE. NEITHER TOLEDOTEL NOR ITS SUPPLIERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE RESULTING FROM THESE OR OTHER FILE MODIFICATIONS. 8.3 NO WARRANTY/LIMITATION OF LIABILITY.YOU EXPRESSLY AGREE THAT USE OF THE TOLEDOTEL INTERNET SERVICE, TOLEDOTEL SERVICES AND SOFTWARE AND EQUIPMENT SUPPLIED BY TOLEDOTEL OR ITS AGENTS, EMPLOYEES OR CONTRACTORS
4 (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "COMPANY") IS AT YOUR SOLE RISK. THE TOLEDOTEL INTERNET SERVICE, AND EQUIPMENT AND SOFTWARE SUPPLIED BY THE COMPANY ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TOLEDOTEL EXPRESSLY DISCLAIMS ANY WARRANTY OR ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR INTENDED PURPOSE. THE COMPANY S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE TOLEDOTEL INTERNET SERVICE, SERVICES AND SOFTWARE AND EQUIPMENT SHALL BE THE REPLACEMENT OF ANY DISKETTE OR COMPANY SUPPLIED EQUIPMENT FOUND TO BE DEFECTIVE. IN NO EVENT SHALL THE COMPANY S LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE TOLEDOTEL INTERNET SERVICE WITHIN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF REASONABLY FORESEEABLE, ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE TOLEDOTEL INTERNET SERVICE, SERVICES OR COMPANY SUPPLIED SOFTWARE OR EQUIPMENT. THESE LIMITATIONS ARE AGREED TO BE EFFECTIVE EVEN IF THERE IS A TOTAL FAILURE OF ESSENTIAL PURPOSE. 8.4 NO LIABILITY FOR UNAUTHORIZED ACCESS. TOLEDOTEL DOES NOT WARRANT THAT ANY DATA OR FILES SENT OR RECEIVED BY YOU USING TOLEDOTEL INTERNET SERVICE OVER ITS DSL NETWORK, OR COMMUNICATIONS DIRECTED TO OR RECEIVED FROM OUTSIDE OF THE NETWORK, WILL NOT BE SUBJECT TO UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL NOT GAIN ACCESS TO YOUR HOME COMPUTER. TOLEDOTEL HAS NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR SUCH ACTS OR OCCURRENCES. IF YOU CHOOSE TO RUN APPLICATIONS FROM YOUR HOME COMPUTER, WHICH PERMIT OTHERS TO GAIN ACCESS TO IT, YOU MUST TAKE APPROPRIATE SECURITY MEASURES. FAILURE TO DO SO MAY CAUSE IMMEDIATE TERMINATION OF YOUR SERVICE BY TOLEDOTEL. TOLEDOTEL IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY DAMAGES RESULTING FROM OTHERS ACCESSING YOUR COMPUTER. IN ADDITION, TOLEDOTEL INTERNET SERVICE FUNCTIONS AS A LOCAL AREA NETWORK ( LAN ) IN THAT EACH CUSTOMER IS A NODE ON THE NETWORK. AS SUCH, USERS OUTSIDE YOUR HOME MAY BE ABLE TO ACCESS YOUR COMPUTER. IN ADDITION, SOME SOFTWARE INCLUDES CAPABILITIES THAT PERMIT OTHER USERS ACROSS A NETWORK SUCH AS THE TOLEDOTEL INTERNET SERVICE AND THE INTERNET TO GAIN ACCESS TO YOUR COMPUTER AND TO THE SOFTWARE, FILES AND DATA STORED ON THE COMPUTER. FOR EXAMPLE, OPERATING SYSTEMS SUCH AS WINDOWS 95/98 AND APPLE MACINTOSH INCLUDE FILE SHARING AND PRINT SHARING CAPABILITIES WHICH, WHEN ENABLED, MAY PERMIT OTHER USERS TO GAIN ACCESS TO YOUR COMPUTER EVEN IF YOU ARE NOT USING THE TOLEDOTEL INTERNET SERVICE. TOLEDOTEL THEREFORE RECOMMENDS THAT YOU DISABLE FILE AND PRINT SHARING AND OTHER CAPABILITIES THAT MAY ALLOW USERS TO GAIN ACCESS TO YOUR COMPUTER. IF YOU CHOOSE TO ENABLE CAPABILITIES SUCH AS FILE SHARING, PRINT SHARING OR OTHER CAPABILITIES THAT MAY ALLOW USERS TO GAIN ACCESS TO YOUR COMPUTER, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK, AND THAT TOLEDOTEL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH BY YOU. 8.5 No Liability for Viruses TOLEDOTEL MAKES NO REPRESENTATION OR WARRANTY THAT ANY SOFTWARE INSTALLED ON THE COMPUTER, INCLUDING SOFTWARE INSTALLED BY TOLEDOTEL, ITS AGENTS, EMPLOYEES AND CONTRACTORS, OR WHICH YOU MAY DOWNLOAD FROM THE INTERNET, ON- LINE SERVICE PROVIDER, OR OTHER INFORMATION PROVIDER DOES NOT CONTAIN ANY VIRUS OR OTHER DAMAGING OR DESTRUCTIVE ATTRIBUTE. TOLEDOTEL HAS NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR SUCH ACTS OR OCCURRENCES. 8.6 No Liability for Content WHILE TOLEDOTEL SUPPLIES ACCESS TO THE INTERNET BY TOLEDOTEL INTERNET SERVICE, IT IS NOT THE PUBLISHER OF ANY INFORMATION PROVIDED BY OTHERS THROUGH THE INTERNET. TOLEDOTEL DOES NOT REVIEW, CENSOR, OR MONITOR AND IS NOT IN
5 ANY MANNER RESPONSIBLE FOR ANY PROGRAMS OR CONTENT SENT OR ACCESSED OVER THE INTERNET OR MADE AVAILABLE BY ANY INDIVIDUAL, USER, INFORMATION PROVIDER, ON-LINE SERVICE OR CONTENT PROVIDER. SUCH CONTENT OR PROGRAMS MAY INCLUDE, WITHOUT LIMITATION, PROGRAMS OR CONTENT OF AN INFRINGING, ABUSIVE, PROFANE OR SEXUALLY OFFENSIVE NATURE. ALL CONTENT FROM OTHER PARTIES ACCESSED VIA TOLEDOTEL INTERNET SERVICE IS ACCESSED BY YOU AND THOSE YOU HAVE AUTHORIZED, ALL AT YOUR OWN RISK, AND TOLEDOTEL ASSUMES NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTION, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH CONTENT ACCESSED USING THE TOLEDOTEL SERVICE. 8.7 No Liability for Use in Hazardous Environments THE TOLEDOTEL INTERNET SERVICE AND ANY SOFTWARE PROVIDED OR INSTALLED BY TOLEDOTEL ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OF RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS (WITHOUT LIMITATION) IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. TOLEDOTEL AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. 8.8 Prices Lower as a Result of Limitations of Liability. THE PRICES FOR TOLEDOTEL INTERNET SERVICES ARE ESTABLISHED IN EXPRESS RELIANCE ON THE ENFORCEABILITY OF THIS SECTION 8 AND THE PRICES ARE LOWER THAN THEY WOULD BE WITHOUT THE LIMITATIONS SET FORTH IN THIS SECTION Indemnification 9.1 You agree to indemnify, defend and hold harmless ToledoTel, its affiliated companies, partners, licensors, employees and agents from and against all losses, expenses, damages, liabilities, and costs, including reasonable attorneys' fees, arising out of any violation of this Agreement, the selection or use of your identification, or any activity related to your account by you or any other person accessing ToledoTel Internet Service using your account. 10. Termination 10.1This Agreement, the license provided herein, and your right to use ToledoTel Internet Service may be terminated by ToledoTel at any time for any reason, with 30 days written notice by ToledoTel to you. In addition, you may terminate this Agreement at any time upon the return of the DSL modem and related connecting equipment to ToledoTel or notifying ToledoTel Customer Service. Your bill will be pro-rated for any prepaid service and will offset any outstanding amounts owed to ToledoTel If the customer terminates service prior to fulfilling a contract term, the customer will be liable for the difference between the contract rate and the normal, undiscounted monthly rate from the date service was initiated to the date service was terminated ToledoTel does not visit your home upon termination to restore or reconfigure the home computer If the customer cancels telephone and Internet services, both the optical network terminal and the power supply/battery back-up unit must be returned to ToledoTel s business office, or the customer will be charged $ The provisions of Sections 4 (Payment Terms), 8 (Limitation of Liability: No Warranties) and 9 (Indemnification) shall survive any termination of this Agreement. 11. Notice 11.1 ToledoTel may deliver notice to you by means of electronic mail on ToledoTel Internet Service or by written communication delivered by first class United States mail to your address on record in ToledoTel's account information You may give notice to ToledoTel at any time by written communications delivered by first class United States mail, postage prepaid, or overnight courier to ToledoTel at the following address: ToledoTel 183 Plomondon Rd. Toledo, WA 98591
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text:
Their endorsement grew louder when Lee doubled to right field, an opposite-field drive that has become a signature for the Chicago Cubs first baseman.
When Lee stepped into the batter's box Wednesday afternoon, the message board proclaimed: "Leads NL: BA .386, HR 18, RBI 56."
The man responsible for those numbers makes the achievement sound simple.
"If you have an idea what you're doing," Lee said, "and if you're looking for a certain pitch and you're patient on that pitch, things will work out. ...
"You're just reacting," he said. "Everything is slowed down for you. You're so confident that if you get that pitch, you're going to be able to do something with it. I feel like I've improved every year. Now I feel like I'm making that next step."
At 29, in his seventh full season and his second with the Cubs, that step has lifted Lee's profile to an unprecedented level because of what he quietly called "the Triple Crown thing."
"He's an emerging star," said Florida Marlins hitting coach Bill Robinson, who spent two seasons with Lee before the 2003 trade that sent Lee to the Cubs.
Robinson stopped to correct himself. "An emerging superstar," he said.
"Not a lot of fanfare," said Jack McKeon, Lee's former manager with the Marlins. "He just does it."
Earlier this week, the gift shop behind home plate displayed jerseys of Cubs legends Ryne Sandberg and Ferguson Jenkins plus five current players — but not Lee's No. 25. In the most recent figures for National League All-Star voting, Lee was more than 200,000 behind the St. Louis Cardinals' Albert Pujols, who began Wednesday with two fewer home runs.
Lee has batted .481 in his last 19 games. His single in Wednesday's 15-5 loss to Florida gave Lee at least one hit in 48 of 59 games. An audience once dazzled by the home run hitting of Sammy Sosa has started to respond.
Batting average � .386 (1st) Home runs � 18 (1st) Runs batted in � 56 (tied-1st) Hits � 91 (1st) Runs scored � 51 (1st) Extra-base hits � 42 (1st) Total bases � 169 (1st) On-base% � .468 (1st) Slugging% � .716 (1st) Doubles � 24 (2nd) Walks � 35 (tied-10th) Stolen bases � 9 (tied-11th) Fielding% � .997 (5th) Stats through Wednesday; Source: USA TODAY research
"The longer you play here," Lee said, "the more they kind of embrace you."
The challenge of the Triple Crown
Not long ago, Lee was known for consistency, defensive excellence and an ability to overcome disappointing starts at the plate. Lee turned down a baseball scholarship to the University of North Carolina when he was the 14th player chosen in the 1993 major league draft.
A small forward on the basketball team at El Camino High School in Sacramento, Lee said he received a letter from Tar Heels basketball coach Dean Smith. He considered the possibility of sitting out his freshman season and eventually competing for a spot on a team that had just won a national championship and had added freshmen Rasheed Wallace and Jerry Stackhouse.
"That tells you how good I was," Lee said and smiled. "I wasn't Jerry Stackhouse. But I was all right."
Now, with the halfway point of the baseball season nearly three weeks away, Lee's start has stirred conversation about leading a league in batting average, home runs and runs batted in.
"Three things," said Billy Williams, the Cubs' special assistant to the president. "That's tough."
Derrek Lee and New York's Alex Rodriguez, among baseball's leaders in home runs, runs batted in and batting average, will meet in a three-game series starting Friday night at Yankee Stadium. Through Thursday, Lee led the National League with a .385 average and 18 home runs and was tied with the Milwaukee Brewers' Carlos Lee with 56 RBI. Heading to play Friday, Rodriguez topped the American League with 19 home runs and 56 RBI and ranked fifth with a .321 average. The Baltimore Orioles' Miguel Tejada was second through Thursday with 18 home runs and 54 RBI and third with a .326 average.
Washington Nationals manager Frank Robinson, who won the AL Triple Crown for the 1966 Orioles by hitting .316 with 49 home runs and 122 RBI, says people don't understand how difficult it is to lead in three categories. ''People see a player tearing up the league in May and June and they think about a Triple Crown,'' Robinson says. ''Well, it's not easy. You don't go into a season thinking about winning a Triple Crown. It's something that just happens. You don't try to win a Triple Crown.''
Derrek Lee says he gives little thought to the possibilities, even after a dominant start that produced overwhelming sta tistics.
''For now, they're there,'' Lee says of the numbers. ''It's such a long season.''
By Malcolm Moran, USA TODAY, with Mel Antonen in Washington
Williams understands in a way few ever could. His No. 26 flies from the top of the right-field foul pole. The follow-through to his sweeping left-handed swing, framed and matted, is one of the last things the Cubs walk past when they leave their clubhouse for the dugout.
In 1972, on his way to a Hall of Fame career, Williams led the NL with a .333 batting average. He finished third with 37 home runs (three behind the Cincinnati Reds' Johnny Bench) and second with 122 RBI (three behind Bench).
Williams stood behind the batting cage and discussed a Cub from another generation facing a similar challenge. "It's like the horse racing Triple Crown," Williams said. "You win one and the last race gets a little bigger. ... You know about it because people talk about it."
A year ago, Williams watched Lee make the transition to day baseball.
"I would always look at the 10 o'clock news, and I'm asleep because you have to be here so early," Williams said.
"You adapt," Lee said. "Now ... whether I'm on the road or in the offseason, I'm in bed earlier and up earlier."
This season, Williams watched Lee foul off pitches straight back to the screen. He remembered the words of Rogers Hornsby, the Hall of Famer and former Cubs player and coach who had Triple Crown seasons in 1922 and '25 with St. Louis.
"Old man Hornsby used to tell me once you foul that ball straight back, you just missed it," Williams said.
And he watched Lee adjust to situations.
"When he sees pitchers throwing away, he gets base hits to right field," Williams said.
That approach became easier to execute when Lee reached Wrigley Field, with its 368-foot power alleys in left and right field. The 385-foot alleys in a converted football stadium in Miami had become a problem.
"It hurt his mind-set," Robinson said. "He told me a couple of times, 'What's the sense of driving the ball over that way?' Now he can see the sense of driving it that way.
"Miami probably cost him 10 home runs a year. I think you get a little discouraged then and start to say, 'Well, I'm going to go ahead and pull the ball.' That hurt him a little bit."
Not here, not when the ball is headed toward Waveland or Sheffield Avenue, not on those late spring days and nights when the weather is warmer and the wind is blowing out.
"You don't look at anything until the end of the year," Lee said. "You prepare for that day's game, that at-bat. It's been a great two months. But we've got four months to go."
Yaz's feat unmatched after nearly four decades
Carl Yastrzemski was the last player to win the Triple Crown — leading his league in home runs, runs batted in and batting average in the same season. He did it in 1967 for the Boston Red Sox. Since then, five players have finished in the top three in all three categories and have been within 20 batting average points, five homers and/or 10 RBI of the league lead:

subset: commoncrawl


text:
3. Silver Wheaton
YTD Returns: 152% Silver Wheaton ( SLW) is a leading silver streaming company. About 70% of silver production comes as a by-product from base metal and gold mines. Silver stream agreements give the company the right to purchase a percentage of future by-product silver production from a mine that it does not own or operate in exchange for upfront payment. The company does not incur any capex or exploration costs. "I think if silver prices stay strong our production trends upwards significantly over the next three years. This year we'll have about 23 million ounces of production. If we make no more acquisitions our production is at 40 million ounces a year in three years time. So if silver prices stay where they are I think you'll see a general trend upwards in our earnings and cash flows,"
CEO Peter Barnes told TheStreet. The stock has been the biggest beneficiary of the rally in silver prices. Silver recently touched a 30-year high, sparking fresh interest in the precious metal. Bulls have been touting silver's industrial applications in addition to its value as a precious metal. Silver Wheaton reported record earnings of $69.2 million, or 20 cents per share, in the third quarter, double the $33.6 million, or 11 cents a share, it reported a year earlier. BMO recently upgraded the stock to an outperform from market perform and raised the price target to $46 from $40. Barnes expects Silver Wheaton to raise production by almost 20% next year, and sales could get a further lift from higher prices. "Silver could go as high as $50 an ounce over the next three-four years ... and $30 easily in the next few months," Mr. Barnes, told Reuters recently.


text:
In discussing theological questions, they split hairs; in making a bargain, they conclude to split the difference.
Starza and Tichnat split hairs while I dozed and thought about Fern.
A man of his type would not split hairs, but proceed straight toward the goal of his ambition without fainting or wavering.
Just get me back, and we'll split hairs about it when I get around this way again.
They split hairs, if you will, but they wouldn't split the difference.
Here I found that the debaters had split hairs on what the fathers had done.
I'll not split hairs about what Greek best represents his nation.
She was born before we began to split hairs, and have nerves instead of nerve.
It is possible to find a thousand faults in the most perfect work if one only hunts long enough and is willing to split hairs.
The central bald spot, covered with a grayish scurf and surrounded by a circle of broken and split hairs, is characteristic.
Old English hær "hair, a hair," from Proto-Germanic *khæran (cf. Old Saxon, Old Norse, Old High German har, Old Frisian her, Dutch and German haar "hair"), perhaps from PIE *ghers- "to stand out, to bristle, rise to a point" (cf. Lithuanian serys "bristle;" see horror).
Spelling influenced by Old Norse har and Old English haire "haircloth," from Old French haire, from Frankish *harja or some other Germanic source (see above). To let one's hair down "become familiar" is first recorded 1850. Phrase hair of the dog that bit you (1540s), homeopathic remedy, is in Pliny.
hair (hâr)
Any of the cylindrical, keratinized, often pigmented filaments characteristically growing from the epidermis of a mammal.
A growth of such filaments, as that forming the coat of an animal or covering the scalp of a human.
One of the fine hairlike processes of a sensory cell.
To argue about an inconsequential and trivial aspect of an issue: "When you are accused of being forty-five minutes late for an appointment, you are splitting hairs to say that you were really only forty minutes late."
Complexity: a system with a lot of hair (1980s+ Computer)
Related Terms
curl someone's hair, fair-haired boy, get in one's hair, have a bug up one's ass, have someone by the short hairs, in someone's hair, let one's hair down, longhair, not have a hair on one's ass


text:
|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|Chuck Murcko <ch...@topsail.org>
|Re: [Fwd: Apache 1.2b7 process growing slowly, now 7.4MB]
|Thu, 27 Feb 1997 04:13:34 GMT
Brian Behlendorf wrote: > > On Wed, 26 Feb 1997, Chuck Murcko wrote: > > Anyone else seeing this? Looks like I was wrong, Randy. > > That could be lots of things, couldn't it? Is there a type of object one could > request from the outside which would cause Apache to bloat like that? What > does his mod_status output say is attached to that PID? > I already asked him that. I'm waiting for the reply. Yep, it could be lots of things. My guess is a mondo FTP transfer. -- chuck Chuck Murcko The Topsail Group, West Chester PA USA email@example.com
|View raw message


text:
Home > Electrical Equipment & Supplies > Circuit Breakers > chint dz267-32 1p+n c20 mini china circuit breaker dz267-32 1p+n c20
|Product Name:
chint dz267-32 1p+n c20 mini china circuit breaker dz267-32 1p+n c20
|Packaging Details:
|120Pcs/Carton, Weight
|Delivery Detail:
|After the deposit T/T 5-7 days
chint dz267-32 1p+n c20 mini china circuit breaker dz267-32 1p+n c20
DZ267 Miniature Circuit Breaker
china circuit breaker General Application:
For protecting equipment against overload and short circuit.
china circuit breaker General rules for choosing MCB.
a.Technical data of the network at the point considered:The earthing systems (TNS, TNC),
Short-circuit current at the circuit-breaker installation point, which must always be less than the breaking capacity of this device,Network normal voltage.
b.There are 1 curve characteristics for DZ267 magnetic operation:
C curve (5-10 In) protection and control of the circuits against overloads and short-circuits; protection for resistive and inductiveloads with low inrush current.
china circuit breaker Technical Information
china circuit breaker Temperature derating
Please refer to table below for temperature compensation correction.
china circuit breaker Overall and Mounting Dimensions (mm)
what\'s the payment term?
We accept T/T, L/C, D/P, WEST UNION, PAYPAL, CASH
What kind of product quality ?
Best quality In China, Chint Brand.
what kind of material of circuit breaker?
Two types, one copper coil with silver point and the other is brass coil with copper point from china market. Copper and silver is better Chint Electric only produce Copper and silver.
Chint Agent
CHINT Founded in 1984,
Chint Group has developed to be the leader in Chinese industrial electrical equipment production and clean energy fields.
Chint has a total assets of over USD 30 billion and 29,000 employees. Business of Chint ranges from low-voltage electrical products to power transmission and distribution equipments and services , instruments & meters, building appliances, automobile parts, industrial automation, PV power generation, equipment manufacturing,etc. Chint is also the largest clean energy supplier and energy efficiency management solution provider with the most complete product ranges in China. Our products have found ready markets in more than 100 countries and regions, including Europe, Asia, Middle East, Africa, etc.
Regional Markets
Georgraphically, Chint carries out the strategy of Internationalization in six regions, including Europe, Asia Pacific, Middle East and Africa (MEA), North America, South America, and the Commonwealth of the Independent States (CIS). Chint has opened subsidiaries in America, Russia, Italy, the United Arab Emirates, Brazil and other countries and built up localized sales and service teams in succession.
Customer Service
Chint has set up a complete distribution system and professional service teams in the six regions: Europe, Asia Pacific, Middle East and Africa (MEA), North America, South America, and the Commonwealth of the Independent States (CIS), providing high-quality services for customers with efficient and professional technical support and trouble-shooting assistance before, during and after sales.
Industrial Markets
Power utilities: Chint dedicates to developing into a word-class clean energy developer and energy efficiency management series solution provider, and there are over 60 power and energy companies adopting Chint's products and services across the world.
Industrial end users: Chint has been striving to research on the demands of industrial end users, therefore constantly improving its industry system solutions. Currently, Chint has established strategic partnership with major enterprises from petro-chemical industry, mining industry, machinery industry and transnational engineering companies around the world.
How to contact us:
1.-Send inquiry to us on alibaba.
2.- Service online:
Trademanager:makerele QQ:1501485423 Tel:+ 86-577-62609159
3.Directly Place the order:http://www.aliexpress.com/store/1197253


text:
|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|"Felix Meschberger (Resolved) (JIRA)" <j...@apache.org>
|[jira] [Resolved] (JCR-3164) Add minimal maintenance API to TokenBasedAuthentication
|Thu, 01 Dec 2011 11:03:42 GMT
[ https://issues.apache.org/jira/browse/JCR-3164?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ] Felix Meschberger resolved JCR-3164. ------------------------------------ Resolution: Won't Fix Thanks for the quick reply. Reconsidering this idea, I think the minimal API would not make much sense. For real management you might also want to query existing tokens etc. So lets drop this for now and pick it up on a real "Token Administration API" level after the refactoring. > Add minimal maintenance API to TokenBasedAuthentication > ------------------------------------------------------- > > Key: JCR-3164 > URL: https://issues.apache.org/jira/browse/JCR-3164 > Project: Jackrabbit Content Repository > Issue Type: Improvement > Components: jackrabbit-core > Affects Versions: 2.3.4 > Reporter: Felix Meschberger > Assignee: angela > > Currently the TokenBasedAuthentication class creates token nodes on demand and will only remove a token's node if the token is used after it has expired. To be able to do some token maintenance in down stream code (for example in a Sling Authentication Handler), some maintenance API would be helpful: > String createToken(String username, long initialExpiry, Session session) throws RepositoryException; > void removeToken(String token, Session session) throws RepositoryException; > Will attach a proposed patch. -- This message is automatically generated by JIRA. If you think it was sent incorrectly, please contact your JIRA administrators: https://issues.apache.org/jira/secure/ContactAdministrators!default.jspa For more information on JIRA, see: http://www.atlassian.com/software/jira
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This article, ForeignReaper2/9, is property of Overlord59.
Part Nine (Keiran)
As I struck a huge blast was created. Unfortunately that damn Adjuchas avoided the attack. Crap! It didn't matter that my attacks were more powerful, it was still faster than me. At the very least it couldn't attack as recklessly, as now if it made a mistake, I could kill it. Also it had stopped goading, which was a plus.
It tried to launch an attack from behind, which I avoided by leaping into the air. Right, next it should follow through with another attack... oh shit! The cero blast came out of nowhere. It struck me just as I was able to get John's sword in a position to block it. I struggled against the blast for a few moments before it dissipated.
It quickly followed through with a punch which I narrowly avoided. It had left itself wide open! This was my chance. I swung my blade at it's exposed torso. Suddenly spikes emerged from it's arm and fired at me. Reflexively I detonated Kage to protect myself. We both emerged from the blast, although I had clearly come worse off. Damn that hurt!
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"Huh, staying silent? Fine then. Let's see you stay quiet after I'm finished with you!" he threatened, charging at me.
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It launched another attack. As it was about to hit, I sidestepped and stabbed my sword into it's arm. Then, swinging my sword I cut a huge gash along it's arm. I don't know what's going on, but it's slower now too. ...No. I'm getting faster. How?
Enraged by it's wound it screamed out then created more of those spikes on both it's arms this time. It fired one off, which I easily avoided. With another scream it launched another, which I simply deflected with my blade. Screaming ever more frantically, it then launched the rest of the spikes, 34 in total, at me in rapid succession. Not one of them hit. Using shunpo I was easily able to dodge them, despite the accuracy with which they were fired.
"How!? How are you doing this!? This is impossible!" it shouted.
I had no idea. I was gaining power but I had no idea where from.
"That would be me." a strange voice said.


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Actors: Mark Zane - Veronica Rodriguez
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Source: immoralliv
Description: Veronica Rodriguez wraps her long legs around Mark for sex
Published on 2015-08-18
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