eBill Delivery Agreement
Appalachian Natural Gas (the "Service") is an electronic bill presentment and payment service provided by Appalachian Natural Gas and its licensors, including Data Online, LLC (collectively, "Licensors").
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. This Agreement may be modified from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement. Appalachian Natural Gas has no obligation to notify users of the posting of a modified Agreement.
eBill Delivery Services. By accessing the Service, you authorize Appalachian Natural Gas and its licensors, to establish and maintain a profile of your billing documents that are to be delivered electronically in a manner supported by the Service. Service may include Email, Text and Phone delivery. Such Services are referred to as eBill Delivery as part of this Agreement.
Elimination of Paper Document. Upon enrolling for eBill Delivery and confirming your information, you have selected to receive an electronic communication and that no paper document will be sent to you. If, however, you do not access your profile to view your documents once they are available, Appalachian Natural Gas may revert the delivery method back to paper mail.
Confirmation of Information: No eBill Delivery communication will be established unless you confirm your information. The Service will send a confirmation message following your enrollment which must be confirmed in order for eBill Delivery to be established.
Responsibility. By selecting an eBill Delivery method, you are responsible for the payment of charges even given the following circumstances:
- The electronic delivery was not received.
- You have changed Email address, Username, Password or any required information related to the success of the electronic delivery.
- Circumstances beyond our control prevent the proper transmission of your eBill Delivery and Appalachian Natural Gas has taken reasonable precautions to avoid those circumstances.
Text Charges. As a customer of the Service, you may be charged fees for selecting the “Text” eBill Delivery option as your preferred delivery method. Normal text rates may apply that are defined by your specific mobile phone service. For a complete list of rates please contact your mobile phone carrier directly.
DISCLAIMER OF WARRANTIES. Appalachian Natural Gas IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. Appalachian Natural Gas DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL Appalachian Natural Gas OR ANY LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF Appalachian Natural Gas , ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
Assignment. You may not assign this Agreement to any other party. Appalachian Natural Gas may assign this Agreement to any directly or indirectly affiliated company. Appalachian Natural Gas may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
General. This Agreement is governed and shall be construed in accordance with the laws of the State of Ohio, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written concerning the Service and may only be amended as provided herein. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.