Terms of Use (3/20/14)

Welcome to PPL Electric Utilities Corporation’s web site pplelectric.com (the “Site”), owned and operated by PPL Electric Utilities Corporation (referred to in these Terms of Use as “PPL,” “we,” “us” or “our”). These terms of use (the “Terms of Use”) contain the terms and conditions upon which you (also referred to as “User”) may access the valuable information and services available through this Site. 

BEFORE ACCESSING THIS SITE, PLEASE READ THE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF, AND ANY MATERIAL AVAILABLE THROUGH, THIS SITE.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. By accessing, viewing, or using the materials or services available on or through this Site, you indicate that you understand and intend the Terms of Use to be the legal equivalent of a signed written contract and that you accept and are legally bound by such Terms of Use.

PPL reserves the right to change the Terms of Use under which this Site is offered to you. Any changes will appear in the Terms of Use at this space on this Site. If you continue to use this Site after PPL changes the Terms of Use, you will be bound by the Terms of Use as revised. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION BY PPL TO ACCESS OR OTHERWISE USE THIS SITE.

1. Grant of License. This Site and the materials and information available on or through this Site are provided by PPL as a service to its Users. The Terms of Use provide you with a personal, revocable, nonexclusive, non-transferable license to use this Site conditioned on your continued compliance with and acceptance of the Terms of Use. Except as expressly permitted, you may not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell, mirror, frame, link to or otherwise use any information obtained from this Site. As a further condition of use of this Site, you warrant to PPL that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. From time to time, however, you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

There are a few rules of conduct that you are required to follow when you use this Site:

  • Do not “harvest” (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products services and promotions available on the Site.
  • Do not use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • Do not obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • Do not “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
    Do not circumvent or reverse engineer the Site or its systems.
  • Do not restrict or inhibit another User or Users from using and enjoying this Site.
  • If you post something to this Site, such as comments or other content, do not post anything that:
    • Infringes any third party intellectual property right (such as copyrights),
    • Is defamatory (i.e., something that is negative and untrue about another person or entity);
    • Divulges another person’s or entity’s confidential or private information or trade secret;
      Is fraudulent, unlawful, threatening, harassing, abusive, obscene or discriminatory;
    • Encourages criminal conduct;
    • Advertises or solicits business for products or services other than those that are offered and promoted on this Site; or
    • Contains any virus, malware, spyware or other harmful content or code.

2. Nature of Services. This Site provides information on PPL services as well as other material of interest to our customers, such as enrollment forms for online registration with some of PPL’s service programs.

3. Intellectual Property Rights. We or our licensors or affiliates own the intellectual property rights in the content and material displayed on this Site. All material contained on or available through this Site, unless otherwise expressly indicated, is protected by law including, but not limited to, United States patent, copyright, trade secret, trademark and other intellectual property laws, as well as other state, national, and international laws and regulations. Except as expressly provided in the Terms of Use, PPL does not grant any express or implied right(s) to you (or any other user) under any patent(s), copyright(s), trademark(s), trade secret or other intellectual property law. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. PPL actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The contents of and all materials distributed in conjunction with the Site are Copyright © PPL Electric Utilities Corporation and/or its affiliates or licensors. All rights reserved. PPL also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content.

PPL; the PPL Logo; PPL Electric Utilities Corporation; certain parts of the preceding trademarks and names; and all other names, logos and icons identifying PPL’s products and services are proprietary marks of PPL and its affiliates, and any use in trade of such marks without the express written permission of PPL is strictly prohibited. Other product and company names mentioned on this Site may be the marks of their respective owners.

If you submit or post any materials or content to this Site, you grant us a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to this Site is original to you and that you have the right to grant us these rights.

4. Responsibility for Public Postings and Content. Responsibility for what is posted in public areas of our website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on our website at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representatives or anyone else acting on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our President and dated and signed by the individual or entity to which the modification, waiver or release is granted.

5. Privacy Policy.  Please see PPL’s Privacy Policy for a summary of PPL’s personal data collection and use practices.

6. Site Registration and Password Policy. Use of certain portions of this Site requires both log-in information and a password. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

The log-in information is your e-mail address (“User I.D.”). During the registration process for this Site, you must choose a unique sign-on password (“Password”). Each User I.D. and corresponding Password can only be used by one individual or entity. All Passwords must be kept secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your Password, and agree to be responsible for all activity occurring when this Site is accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your Password or account information.

As a condition of use, you must immediately notify PPL if you become aware of any loss or theft of your Password or any unauthorized use of your Password. PPL reserves the right to reset any Passwords that may have been compromised.

7. Electronic Communication. The communications between you and PPL via this Site use electronic means, whether you visit this Site or send us an e-mail, or whether we post notices on this Site or communicate with you via e-mail. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

8. Confidentiality on Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Although PPL has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, PPL is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or the consequences of your reliance on such information. For more private communication, Users may contact PPL by telephone at the numbers listed in the “Contact Us” portion of this Site.

9. Security of Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, PPL reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. PPL will also comply with all court orders involving requests for such information.

10. Registration Participation Limitation. When registering with PPL, you represent and warrant that: (a) you are 18 years old or older; (b) you are using your actual identity and any information you provide to PPL is accurate and complete and (c) your registration with PPL and use of this Site will not violate any local, state, national or international laws or regulations.

11. Copyright Infringement Notices.  If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to PPL’s DMCA Copyright Agent by U.S. Mail to Michael J. Marino, Two North Ninth Street, Allentown, Pennsylvania 18101; 610-774-4123 (phone), 610-774-6726 (fax) or by email to mjmarino@pplweb.com.

12. Links to Other Sites. PPL may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not been reviewed by PPL and are maintained by third parties over which PPL exercises no control, and accordingly, PPL expressly disclaims any responsibility for the content, the accuracy of the information, and the quality of any products or services provided by or advertised on these third-party Web sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

13. Events Beyond PPL’s Control. PPL will not be responsible for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions.

14. DISCLAIMERS. ALTHOUGH PPL ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, PPL MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.

THUS, YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THIS SITE. PPL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, LEGALITY OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED OR CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT SHALL PPL BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE (INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY IN SOME CIRCUMSTANCES IN SUCH STATES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF PPL FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS SITE SHALL NOT EXCEED TOTAL AMOUNT PAID BY YOU TO PPL IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

15. Indemnity. You agree to defend, indemnify and hold harmless PPL and its affiliates and all of their employees, agents, directors, officers, employees, proprietors, representatives, shareholders, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements made based on information obtained at the Site, and any breach of the Terms of Use, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive the Terms of Use and the termination of your use of this Site.

16. Contact Information. If you have questions regarding this Site or if you are interested in obtaining more information concerning PPL’s products and services, please refer to the “Contact Us” section of this Site.

PPL welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material or any other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for PPL to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide or act on such content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary.

17. Governing Law. These Terms of Use have been made in and will be construed and enforced in accordance with Pennsylvania law, as applied to agreements entered into and completely performed in Pennsylvania. Any action to enforce these Terms of Use will be brought in the federal or state courts presiding in Allentown, Pennsylvania, U.S., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by PPL from its offices within the United States. PPL makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

18. Term and Termination. These Terms of Use will take effect at the time the User begins using this Site (thereby indicating acceptance of the Terms of Use). PPL reserves the right at any time to deny you or any user access to this Site or any portion thereof, and to terminate the Terms of Use. In addition, we have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights.  In the event that we suspend or terminate your access to and/or use of this Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

19. Entire Agreement. These Terms of Use and PPL’s Privacy Policy, which is incorporated herein by reference, represent the entire agreement between you and PPL with respect to use of and material available on or through this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and PPL with respect to this Site.

20. Waiver. Failure to insist on strict performance of any of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance.

21. Admissibility. A printed version of the Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Severability. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

23. User/PPL. No joint venture, partnership, employment or agency relationship exists between you and PPL as a result of these Terms of Use or your use of this Site.

24. Reservation of Rights. Any rights not expressly granted are reserved by PPL.