Integrys Energy Services (Integrys Energy)
Terms of Website Use

(Revised June 4, 2008)

PLEASE NOTE: By using this website, you will be accepting these terms and conditions of use (the “Terms of Use”). If you do not accept these Terms of Use, please do not use this website.

Please check these Terms of Use frequently for amendments and revisions. The most up-to-date version will always be available for review on http://www.integrysenergy.com (the “website" or the “site"). The amendments will become effective at the time they are posted on the website. Your continued use of the website after amendments are posted will constitute your acceptance of such amendments.

We may modify or discontinue any aspect or component of the website at any time. If you breach any of these Terms of Use, we can terminate your right to use the website, although non-termination shall not be deemed a waiver of the Terms of Use. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the website.

Content

We provide a variety of information and services to our customers through the website. You may use the website solely for your own residential, business or informational purposes and pursuant to these Terms of Use; you may not use the website for the purpose of competing with Integrys Energy. You may view and download material displayed on the website, provided that you retain all copyright, trademark, and other proprietary notices displayed on the materials.

While using the website or any service, you may not:

  1. Retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the website or any portion thereof without Integrys Energy's prior written consent;
  2. Upload, post, publish, transmit, reproduce, or distribute through the website 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;
  3. Engage in conduct, during use of the website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
  4. Upload, post, publish, transmit, reproduce or distribute through the website 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;
  5. Upload, post, publish, transmit, reproduce, or distribute through the website, or place any links on the website to, any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable or unlawful;
  6. Alter, interfere, or disrupt the content or functioning of the website or Integrys Energy's service, including, but not limited to, uploading, posting, or transmitting any material, including, but not limited to, material such as that containing viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines, links, or material that may damage, interfere with, capture, intercept, or expropriate the website or any data contained therein, or otherwise disproportionately burden the operation of the website;
  7. Use the website to gain unauthorized entry or access to other computer systems or networks;
  8. "Mirror" the website or any of its content on any other server without the express prior written permission of Integrys Energy;
  9. 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 website;
  10. Upload, post, publish, transmit, reproduce or distribute through the website 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; and/or,
  11. Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from or through the website, any products or services made available or serviced through the website, or any third party applications made available or otherwise accessible through the website.

The website and any content, information, software, functions, and applets provided on or through the website are made available on an "as is" and "as available" basis. Integrys Energy does not warrant that the website or any content or service provided in connection with the site will be timely, secure, uninterrupted, or error-free, or that defects in the website or in any content or service provided on or through the website will be corrected.

Integrys Energy will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the website or any services or related content, for communication line failures, or for computer viruses associated with the operation of the website. Integrys Energy makes no warranty regarding any information made available through or on the website.

Some of the information posted to the website is obtained from services and other sources believed to be reliable; however, we have not verified such information and we do not make any representations as to its accuracy, completeness, or timeliness.

Integrys Energy may discontinue or make changes in the information, products or services described herein at any time without prior notice to you. Products and services described, as well as the charges associated with those products and services and the terms required to provide those products and services may vary by geographic region and service territory. Not all products and services are offered in all locations. Any dated information is provided as of the posted date only, and Integrys Energy accepts no responsibility or obligation to update any such information. Integrys Energy reserves the right to terminate any or all website offerings without prior notice to you. By offering this website and information, products or services via this website, no distribution or solicitation is made by Integrys Energy to any person to use this website or such information, products or services in jurisdictions where the provision of the website and such information, products or services is prohibited by law.

INTEGRYS ENERGY 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.

LMP Prices:

LMP PRICES AND RELATED DATA PROVIDED HEREIN ARE OWNED BY THE RESPECTIVE INDEPENDENT SYSTEM OPERATOR (“ISO”), IS PROTECTED BY COPYRIGHT AND ARE PROVIDED TO YOU WITH CONSENT FROM THE ISO. ALL RIGHTS TO THE DATA ARE RESERVED BY THE ISO.

THIS INFORMATION IS COMPILED FOR THE CONVENIENCE OF INTEGRYS ENERGY’S CUSTOMERS, IS FURNISHED WITHOUT RESPONSIBILITY FOR ACCURACY AND IS PROVIDED TO THE RECIPIENT ON THE CONDITION THAT THE DISPLAY OF DATA, INCLUDING DATA THAT CONTAIN ERRORS OR ARE INCOMPLETE, WILL NOT BE MADE THE BASIS FOR A CLAIM, DEMAND OR CAUSE OF ACTION.

INTEGRYS ENERGY AND THE ISO EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT OR UPDATE INFORMATION OR ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY INFORMATION DISTRIBUTED HEREIN. RELY ON THIS INFORMATION AT YOUR OWN RISK. IN NO EVENT SHALL INTEGRYS ENERGY OR THE ISO BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DATA CONTAINED HEREIN.

Usernames and Passwords

The website offers users a variety of functions and services. Many of the services use personal and customer account information, customer usage and pricing information, and data prepared for the customer, including, but not limited to, reports, data aggregations, analyses, assessments, strategies, and/or opinions, as applicable, relating to potential improvements in energy efficiency, conservation, or cost savings; procuring energy commodity, ancillary services, utility services; and energy-related hedging and risk management through physical transactions.

To protect your privacy, we may require that you log into the website with a username and password. The establishment of such username and password shall be deemed to be consent by you and your acceptance of our compiling and making available information for you to access through our website. We reserve the unqualified right to:

  1. Accept or decline an application to create a username and password;
  2. Terminate any username; and,
  3. Discontinue the provision of any service related to such a username.

When creating a username, 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:

  1. Provide accurate and complete information when creating a username;
  2. Update your information as necessary so that it remains accurate and complete; and,
  3. Not to impersonate any other person, operate under an alias, or otherwise conceal your identity.

The right to use the services and functions of a username on the website is limited to you as the party enrolling and those authorized persons to whom you give, at your sole risk and liability, your password. You are responsible for safeguarding your username and password and agree to hold Integrys Energy 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 a username by any person using your password. Please contact Integrys Energy immediately if you believe that the security of your username or password has been compromised.

Information collected from you on the website (including information about your online profile and customer account) is subject to our website Privacy Policy. Integrys Energy may terminate your rights to any or all parts of the website if any information you provide, is false, inaccurate, or incomplete. Integrys Energy may store and use the information you provide to maintain and serve your account. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND INTEGRYS ENERGY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Interactive Features

The website may offer interactive features that allow you to, among other things, submit nomination changes, acknowledge constraint day notifications, create purchase price estimates that combine data stored by Integrys Energy and inputs provided by you. You acknowledge and agree with respect to submitting information to Integrys Energy that the information you submit is true and accurate as of the time of the submission and agree to notify us if the information is no longer accurate or complete. You agree and acknowledge that any purchase price estimates provided are an indication of the potential purchase price available to you, but contingent on the accuracy of the inputs submitted by you, the accuracy of the stored data, and other factors. You agree that the creation of a purchase price estimate is not a solicitation to buy or sell energy, unless otherwise expressly designated as such.

Electronic Signatures

Your use of the website may include the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON OR THROUGH THIS SITE, INCLUDING NOTICES OF TERMINATION, POLICIES, CONTRACTS, AND APPLICATIONS.

Copyrights

All content on the website, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software, and code, is the copyrighted property of Integrys Energy or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on the website 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, with respect to the foregoing 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 Integrys Energy 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, other identifiers, and intellectual property generally ("Trademarks") used and displayed on the website are registered and unregistered Trademarks of Integrys Energy 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 Integrys Energy or other Trademark owner, as the case may be. You may not use any meta tags or any other "hidden text" using Integrys Energy's name or Trademarks without the express prior written permission of Integrys Energy.

Third-Party Websites and Information

The website may display links to other websites or electronic services sponsored by third parties. If you click on one of these links, you will leave the website and go to the site of a third party. In addition, if you request certain content appearing on the website, 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 website. Integrys Energy is not responsible for the content, accuracy or operation of third-party websites or electronic services reached by or through such links or content, and the presence of such links or content does not imply that Integrys Energy has examined or evaluated, endorses or is affiliated with such websites, services, or third parties, or any services or products offered therein or thereby. You agree that you will not use any third-party materials in a manner that would infringe upon or violate the rights of any other person or entity, and that Integrys Energy is not in any way responsible for any such use by you.

Third Party Applications

Integrys Energy may make available to you through the website, certain third party applications or software, including, but not limited to the Google Maps feature (“Third Party Applications”) subject to the terms of a limited license granted to Integrys Energy. In those cases, you acknowledge that all rights, title, and interest in the Third Party Application, including all intellectual property rights, remain with the third party licensor and that the prohibitions of use of the website identified above (items 1-10) apply with respect to Third Party Applications.

Google Maps License Restrictions

To the extent you use the Google Maps feature, the Terms of Service for Google Maps shall govern such use, which terms are set forth at the following URL, or such URL as may be updated by Google from time to time (the “Terms of Service”): http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google). Further, any use of the Google Maps feature shall be subject to any instruction, warning, disclaimer, and/or safety information that may be required by Google and/or its licensors and suppliers from time to time. Your use of the Google Maps feature will be subject to any changes or modifications to any Google policies, Terms of Service and guidelines. You acknowledge and agree that all right, title and interest, including without limitation all Intellectual Property Rights in and to the Google Maps feature, remain in Google and/or its third party licensors and suppliers, and that you shall not acquire any right, title, or interest in or to the same, through any use of this website or Google Maps. For purposes of the Google Map use, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You shall have no right to transfer, sublicense or otherwise distribute the content or substance of Google Maps, including, but not limited to, any software or documentation relating to Google Maps, in whole or in part, to any third party. You agree not to, or to allow others to: (i) adapt, alter, modify, decompile, translate, disassemble, or reverse engineer the Google Maps feature or any component thereof, including without limitation, the source code and any other underlying ideas or algorithms of the Google Maps feature (except to the extent applicable laws specifically prohibit such restriction); (ii) create license keys that enable the Google Maps feature; (iii) copy the Google Maps feature; (iv) use the Google Maps feature for High Risk Activities as defined in the Terms of Service; (v) transfer, sublicense, loan, sell, lease or use for timesharing or service bureau purposes the Google Maps feature or any component thereof; or (vi) ship, divert, transship, transfer, export or re-export the Google Maps feature or any component thereof into any country or use it in any manner prohibited by any export control laws, restrictions, or regulations administered by the U.S. Commerce Department's Bureau of Export Administration, the U.S. Department of Treasury's Office of Foreign Assets Control or any other applicable government agency. For the avoidance of doubt, nothing in this Terms of Use grants you any rights whatsoever in or relating to the source code of the Google Maps feature.

Any trade names, trademarks, service marks, logos, trade dress, and any other distinctive or proprietary symbols, labels, designs or designations ("Brand Features") of Google or its partners, licensors, or suppliers, as well as any copyright or other proprietary notices appearing on or in the Google Maps feature shall be maintained and shall not be removed, modified or altered. You agree not to challenge or assist others to challenge Google’s or Google’s licensors’ Brand Features or registration thereof (except to protect your rights, to the extent applicable) nor shall you attempt to register any Brand Features or domain names that are confusingly similar to those of Google or Google’s licensors. You shall not acquire any right, title or interest in or to the Google Maps Brand Features. Further, you agree that any link or notices appearing on or in any image or provided through the Google Maps feature shall be maintained and shall not be removed, modified, obscured, or altered. You acknowledge and agrees that the legal notices set forth at the following URL (or such other URL as may be updated by Google) (the “Legal Notices”) supplement the Google Terms of Service and are binding on you: http://www.maps.google.com/help/legalnotices_maps.html (or such other URL as may be updated by Google). As a condition to the use of the Google Map feature, and by such use, you shall be liable to Integrys Energy and Google for any infringement or misappropriation of Google’s Intellectual Property Rights and breach of any license associated with the Google Maps feature.

You agree that you shall defend and indemnify Google, its affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees) arising out of or in connection with any claim, action or proceeding arising out of or related to your use of the Google Maps feature, including but not limited to infringement of any third party’s proprietary rights and claims based on any conduct by you that violates the Google Terms of Service.

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

INTEGRYS ENERGY, 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.

INTEGRYS ENERGY, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE FOR ANY DELAY, DIFFICUTLY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE WEB SITE, ANY INCOMPATIBILITY BETWEEN THE WEB SITE AND YOUR FILES AND YOUR BROWSER OR OTHER WEB SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND THE CONTROL OF INTEGRYS ENERGY. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLIAMERS.

CERTAIN STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS ARE DEEMED TO 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 INTEGRYS ENERGY, 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.

Disclosures and Disclaimers

Certain pages, sections, or features available within the website may contain specific terms, conditions, disclosures, and/or disclaimers relating to use of those pages, section, or features available within the website that are different form those found in these Terms of Use. In the event of a conflict between those specific terms, conditions, disclosures, and/or disclaimers and these Terms of Use, those specific terms, conditions, disclosures, and/or disclaimers will govern or be in addition to these Terms of Use for the specified use of those pages, sections, or features.

In accordance with the foregoing, the Terms of Use state the entire agreement between you and Integrys Energy relating to your use of the website, 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 Integrys Energy, as provided at the beginning of these Terms of Use.

Suggestions

It is Integrys Energy's policy to NOT accept or consider any creative ideas, suggestions or other materials other than those that are specifically requested by Integrys Energy. If, despite our request that you not send us any such creative materials, you do in fact send us such creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Integrys Energy, and you shall have deemed to have waived any right to such Information and transferred ownership of the same to Integrys Energy. None of the Information shall be subject to any obligation of confidentiality on the part of Integrys Energy. Integrys Energy shall not be liable for any use or disclosure of any Information.

Children

Although Integrys Energy does not specifically seek to obtain any information from children, we do not restrict children from visiting the website. 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 giveaways. More details are provided in the specific contest areas. The parents and guardians remain liable for the use or misuse of the website by their children, to the maximum extent permitted by applicable law.

Applicable Law

This agreement and the terms for the use of the website 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.

Enforcement

Integrys Energy has the right, but no the obligation, to: monitor your use of the website, monitor any information and materials submitted by you or otherwise made available by the website, investigate any reported or apparent violation of the Terms of Use, and take any action that Integrys Energy in its sole discretion deems appropriate. You agree that Integrys Energy has the right to disclose account information to law enforcement authorities, government officials, and/or a third party, as Integrys Energy believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms of Use, including but not limited to Integrys Energy’s right to cooperate with any legal process relating to your use of the website and/or any Third Party Applications made available through the website and/or a third party claim that your use of either of the foregoing is unlawful and/or infringes on such third party’s rights.