YOU HAVE ACCESSED A WEB SITE (THE "WEB SITE") PROVIDED BY THE PEOPLES GAS LIGHT
AND COKE COMPANY AND NORTH SHORE GAS COMPANY (collectively "PEOPLES" OR "WE").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN
THE WEB SITE. BY USING OR ACCESSING THE WEB SITE, YOU ARE AGREEING TO THE TERMS
OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO
NOT BROWSE OR USE THE WEB SITE.
The Web Site is provided solely for informational purposes and, with the
exception of the Terms of Use and the Privacy Policy, is not intended to, and
will not, constitute any offer or acceptance with respect to any transactions
or other matters. Peoples may modify or change the Terms of Use at any time.
Your continued use of the Web Site after such modifications or changes will
constitute acknowledgment and acceptance of the revised Terms of Use. In
addition, when using particular services, your transactions will be subject to
any laws or posted guidelines or rules applicable to such services which may be
posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOU. Throughout the TOU, "you" and "your" refer to any
visitors to the Web Site. We reserve all rights not expressly granted herein.
This TOU contains the following terms which govern your use
of the Web Site:
1.
Privacy Policy
2.
Code of Conduct
3.
Termination of Access
/ Action by Peoples
4.
Linking Policy
5.
Proprietary Rights
6.
Disclaimer of
Warranties
7.
Limitation on
Liability
8.
Securities and
Investment
9.
Consent to Monitoring
and Disclosure
10.
Submission of Ideas
11.
Copyright Infringement
Claims
12.
Indemnification
13.
Revisions to TOU
14.
General Information
15.
Patent Notice
1.
PRIVACY POLICY
Information provided by you through the Web Site is subject to our privacy
policy which may be viewed by clicking on the following link
Privacy and Security Statement.
2.
CODE OF CONDUCT
When participating in
interactive portions of this Web Site, you agree to abide by the
following code of acceptable conduct:
a. You acknowledge that
certain information available through the Web Site is confidential and
proprietary. You will implement and enforce reasonable measures to
protect the confidentiality of the Web Site, passwords and user names.
b. You will not delete
or attempt to delete any copyright or other intellectual property rights
notices from printouts of Web Site materials.
c. You will not post or
transmit any unlawful, harassing, abusive, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any law or
regulation.
d. You will not post or
transmit any material or information that infringes on another's copyright,
trademark, patent, trade secrets, or other intellectual or other proprietary
rights; or rights of publicity or privacy. You represent that you have
all rights and authorization to use any information or content you post,
transmit or upload.
e. You will not use the Web
Site to gain unauthorized access, directly or indirectly, to Peoples' computer
systems or a third party's computer systems. You will not interfere with
another user's use or enjoyment of the Web Site or our services.
f. You will not upload,
distribute or expose the Web Site or Peoples' computer systems to any computer
virus, Trojan horse, worm, spyware, time bomb or similar code or device
designed to disrupt the operation of, permit unauthorized access to, erase or
modify any aspect of the Web Site or other property or computer systems of
Peoples.
g. You will not use the Web
Site to further any illegal purpose.
h. You will not upload or
otherwise provide content with a commercial purpose, or attempt to solicit
funds or advertise goods and services, provided that the PEGASys and EDI Web
Sites may be used as permitted by the license or other agreements applicable to
those Web Sites for commercial purposes.
3.
TERMINATION OF ACCESS / ACTION BY PEOPLES
Peoples reserves the right, in its
sole discretion, on a case by case basis, to take any action that it deems
appropriate for violations of this TOU, including removal of any material that
violates this TOU, termination of your access to the Web Site, or filing of
criminal charges or a civil action against you. Nothing herein obligates
Peoples to take any such actions.
You agree that Peoples, in its sole
discretion, at any time, for any reason, with or without notice may: (a)
terminate your access to or use of the Web Site, (b) remove and discard any
content within the Web Site, (c) discontinue providing the Web Site, or any
part thereof, and (d) deactivate or delete all information and files in your
account and/or bar any further access to such files or the Web Site.
Peoples will not be liable to you or any third party for any termination of
your access to the Web Site.
4.
LINKING POLICY
Peoples grants you a limited right
and license, under the terms set forth herein, to display a Link (as defined
below) to the Peoples home page located at
www.peoplesgasdelivery.com or
www.northshoregasdelivery.com (as such URL may be modified from time to
time) (the "Home Page"). Such Link will consist solely of the Peoples
logo (the "Logo") as will be provided to you upon request and may be updated
from time to time by Peoples. You will not modify, edit or alter the Logo
in any manner. Nothing in this TOU will grant to you any rights in the Logo,
the Web Site or any Peoples web site or any other intellectual property of
Peoples or any of its affiliates, other than as expressly set forth
herein. For purposes of this Linking Policy "Link" will mean a hypertext
link located on your web site which will link directly to the Home Page, and
which will be implemented by you solely in accordance with this Linking
Policy. You will not imply that Peoples is endorsing you or any third
party and/or any of the products or services that you or any third party
provides. You will not misrepresent your relationship with Peoples or any
of its affiliates or any of the products and/or services that Peoples or its
affiliates provide. Written permission to link to any web page other than the
Home Page must be obtained from Peoples. Requests for Logo files to be
used for linking or any other such authorization should be sent via email to:
corporatecommunications@pecorp.com. For purposes of this
Linking Policy, a Link to any web page, other than the Home Page is prohibited.
The Web Site may provide links to
other web sites or resources. Such web sites are publicly available and Peoples
is providing access to such web sites through the Web Site solely as a
convenience to you. Because Peoples has no control over such sites and
resources, you acknowledge and agree that Peoples is not responsible for the
availability of such external sites or resources. The fact that access to such
web sites is provided does not constitute any endorsement, authorization or
sponsorship of such web sites or their sponsors by Peoples. Peoples does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Peoples will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource. You understand and
agree that you will use or rely on such web sites solely at your own risk and
that Peoples does not grant to you any rights in respect of such web sites.
5.
PROPRIETARY RIGHTS
a. Proprietary Rights.
You acknowledge and agree that the Web Site and any necessary software used in
connection with the Web Site ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Web Site or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Peoples or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Web Site, in whole or in part.
b. Copyright Notice.
All Web Site materials, including text, pictures, graphics, designs and other
files and the selection and arrangement thereof are copyrighted materials of
Peoples (© 2006 ALL RIGHTS RESERVED) or of the original creator of the
material.
c. Limited Right to Use.
You are entitled to display, view, copy, download, transmit, reproduce,
distribute and print any documents from the Web Site but only for your own
noncommercial purposes, provided that the PEGASys and EDI Web Sites may be used
as contemplated by Peoples for commercial purposes. Any sale,
transmission or redistribution of the Web Site or its content, and any copying,
modification or other use of the Web Site or its content for any purposes other
than your own noncommercial personal or internal business purposes, are
strictly prohibited.
d. Trademarks.
The trademarks, service marks, trade names, and logos (the "Trademarks") used
and displayed on the Web Site are registered and unregistered Trademarks of
Peoples. In addition, all page headers, custom graphics, button icons and
scripts are service marks, trademarks and/or trade dress of Peoples, and may
not be copied, imitated or used, in whole or in part, without the prior written
permission of Peoples. You acknowledge that the Trademarks used and
displayed on this Web Site are and will remain the sole property of Peoples or
the Trademark owner. Nothing in this Agreement will confer any right of
ownership of any of the Trademarks in you. Further, except for linking in
strict compliance with the terms set forth in Section 4 herein, nothing in this
Web Site will be construed as granting, by implication, estoppel or otherwise
any license or right to use any Trademark used or displayed on the Web Site,
without the express written permission of Peoples or the Trademark owner.
6.
DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE WEB SITE IS
AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PEOPLES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
b. PEOPLES MAKES NO WARRANTY
THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, FREE FROM VIRUSES OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE USEFUL,
VALID, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB
SITE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEOPLES OR THROUGH OR FROM THE
WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
7.
LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT PEOPLES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF PEOPLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON TORT, WARRANTY, CONTRACT, STATUTE, REGULATION OR ANY
OTHER LEGAL THEORY, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB
SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (iv) ANY
OTHER MATTER RELATING TO THE WEB SITE.
b. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS AND WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU.
8.
SECURITIES AND INVESTMENT
The Web Site does not include any offer to sell or any
solicitation of an offer to buy, any securities. The financial information in
this Web Site is not complete and should not be used for any purpose as a
complete, accurate or current reflection of the financial condition or
prospects of The Peoples Gas Light and Coke Company or North Shore Gas Company.
For complete information, see Peoples Energy Corporation’s current Securities and Exchange Commission filings.
This Web Site may contain
information and press releases about and by Peoples. While information prepared
by Peoples was believed to be accurate as of the date so prepared, Peoples
disclaims any duty or obligation to update such information or to verify the
accuracy of information prepared by others. To the extent that any information
prepared by Peoples is deemed to be a "forward-looking statement" as defined in
the Securities Act of 1933, as amended or the Securities Exchange Act of 1934,
as amended or the rules and regulations promulgated thereunder, such
information is intended to fit within the "safe harbor" for forward-looking
information and is based on management's expectations, forecasts and
projections at the time the statements were made. Actual results could differ
materially from such expectations, forecasts and projections because of many
uncertainties and material risk factors, all of which are difficult to predict,
and many of which are beyond the control of Peoples . A list of some of these
uncertainties can be found in our most recent Form 10-K and subsequent reports
filed with the SEC, which can be accessed through the SEC's web site located at
www.sec.gov.
Peoples does not control or
guarantee stock pricing information provided on the Web Site. Data and
information are provided for informational purposes only and are not intended
for trading purposes. Neither Peoples nor any of its data or content providers
will be liable for any errors or delays in the content or for any actions taken
in reliance thereon. Stock prices on this Web Site are delayed at least 20
minutes and should not be used for real-time investment decisions.
9.
CONSENT TO MONITORING AND DISCLOSURE
Peoples is under no obligation to monitor and does not regularly monitor
the content and any other information residing on or transmitted to or through
its Web Site by third parties. However, you agree that Peoples, in its sole
discretion, on a case by case basis, may monitor the contents of transmissions
periodically to (i) comply with any necessary laws, regulations or other
governmental requests; or (ii) to operate the Web Site, products, and services
properly or to protect itself and its users.
10.
SUBMISSION OF IDEAS
We welcome your comments about our
Web Site, products and services. The comments or ideas that you may submit will
in no way prevent the purchase, manufacture or use of similar products,
services, plans and ideas by Peoples. Peoples makes no assurances that
your comments or ideas will be treated as confidential or proprietary. Any
comments or ideas submitted to Peoples will become the property of Peoples, and
Peoples may freely copy, use, modify, disclose and distribute your comments or
ideas without restriction for any purpose, commercial or otherwise, without
compensation to you or any third party.
11. COPYRIGHT INFRINGEMENT CLAIMS
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of
copyright infringement for material that is believed to be residing on Peoples
system or network, should be promptly sent in the form of written communication
to Peoples Designated Agent: Peter H. Kauffman, 130 E. Randolph Drive, Chicago,
IL 60601; Facsimile: 312-240-4099.
All claims must include the
following information:
a. A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
b. Identification of the
copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single web site are covered by a single notification, a
representative list of such works at that web site;
c. Identification of the material
that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably
sufficient to permit the service provider to contact the complaining party,
such as an address, telephone number and, if available, an electronic mail
address at which the complaining party may be contacted;
e. A statement that the complaining
party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent or the law; and
f. A statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
12.
INDEMNIFICATION
You will defend or settle at your
sole expense any claim or suit, including without limitation any proceeding,
investigation or claim by an individual, Peoples, self-regulating organization,
local, state or federal agency or commission, (collectively, an "Action")
against Peoples and its directors, officers, agents, employees, successors or
assigns (collectively, the "Indemnitees") to the fullest extent permitted by
law arising out of or in connection with the use of the Peoples Web Site,
products or services, including but not limited to (a) an assertion that the
information, content or other materials or services provided or made available
by you or the use thereof may infringe any copyright or trademark rights of any
individual or entity, or are a misappropriation of any individual or entity's
trade secret, or contain any libelous, defamatory, disparaging, pornographic,
or obscene materials; (b) any claims that information, content, or other
materials or services accessed from or posted to the Web Site constitutes
medical, legal, financial, psychiatric, or any other advice provided to you or
a third party to whom such advice is relayed, directly or indirectly, by you
and that such advice created an affirmative duty, obligation, or standard of
care on the part of Indemnitees; (c) any breach by you of your obligations
under this TOU or any written agreement with Peoples; and (d) any content or
information provided or transmitted by you on or through the Web Site, or
Peoples products or services. You will indemnify and hold harmless the
Indemnitees from and against any and all damages, costs, liabilities and
attorneys' fees incurred in defending and/or resolving such Action.
13.
REVISIONS TO TERMS OF USE
Peoples may revise this TOU at any
time without notice by updating this posting. By using the Web Site you
agree to be bound by any such revisions and should therefore periodically visit
the Web Site and this page to determine the then-current terms and conditions
of use to which you are bound.
14.
GENERAL INFORMATION
a. The failure of Peoples to
exercise or enforce any right or provision of the TOU will not constitute a
waiver of such right or provision. If, for any reason, a court or other
body of competent jurisdiction finds, or the parties mutually believe, any
provision of this TOU, or portion thereof, to be invalid or unenforceable, such
provision will be enforced to the maximum extent permissible, and the remainder
of this TOU will continue in full force and effect.
b. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Web Site or the TOU must be filed within thirty
(30) days after such claim or cause of action arose or be forever barred.
c. This TOU will be construed
in accordance with the laws of the State of Illinois, without giving regard to
the choice of law provisions of the state. You irrevocably and
unconditionally (i) consent to submit to the exclusive jurisdiction of the
state and federal courts of Cook County, Illinois (the "Cook County Courts")
for any litigation or dispute arising out of or relating to this TOU, (ii)
agree not to commence any litigation arising out of or relating to this TOU
except in Cook County Courts, and (iii) agree not to plead or claim that such
litigation brought therein has been brought in an inconvenient forum.
d. This TOU may be assigned in
whole or in part by Peoples.
15.
PATENT NOTICE
Peoples Gas and North Shore Gas
are
licensed under the following,
and related Ronald A. Katz
Technology Licensing, L.P.
United States Patents:
5,128,984; 5,561,707; 5,684,863;
5,815,551; 5,828,734; 5,917,893;
5,898,762; 5,974,120; and
others.
