FirstEnergy will provide an MeterProfile service ("Service") allowing Client to view and download interval meter data in both graphical and tabular formats via a connection to the Internet. The interval data will be updated on a monthly basis. The Service will also enable Client to:
- Select the metered points to view. Client will be able to select and view their profiled meter points either on an individual basis or an aggregated basis.
- Select the period of time for which to view the information. Client can choose to view interval meter data on a monthly, daily, and hourly basis. A monthly basis will show values for each month of a selected calendar year; a daily basis will show values for each day of a selected month; and an hourly basis will show the actual interval values for a selected day.
- Select the interval meter information to view. Based on the metering variables contracted for by Client under this Service, Client can choose to view any one or combination of the units (kWh, kWD, kVA, PF, kVAr) selected for profiling.
You will receive a username and password upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for all activities that occur under your user name and password.
- Client will be solely responsible for arranging with its local electric utility company to install meter equipment that provides interval information for each site registered for the Services.
- Client will be solely responsible for payment of all up-front and ongoing charges associated with the installation, operation, and maintenance of metering equipment, and the ongoing provision of interval metering data, including telephone line installation and/or access required for accessing the interval meter data.
- Client is responsible for providing telephone access to each interval-metered site registered for the Services, sufficient to permit the meter to be remotely read.
- Client agrees to submit all written authorizations necessary for FirstEnergy to obtain on an ongoing basis all information relative to electric service(s) serving sites registered for the Services, including, without limitation, electric usage history, load profiles, electric service capacity, service voltage, rate schedules, contracts/leases, payment arrangements, power quality information, power factor, and cost estimates relative to modifications to service or facilities.
- Client agrees to provide to FirstEnergy a complete listing of all locations registered for the Services, including the street address, the name of each electric utility serving each location, the designation of each metered point, and any other information that is deemed necessary for the completion of the Services.
Ingress / Egress.
The right of ingress or egress to Client's property or the location of the metered site is hereto granted by Client to FirstEnergy for the purpose of performing the Service contemplated by this Agreement. Client agrees to obtain all easements or rights of way necessary for FirstEnergy to perform the Service.
All content included on this site, such as text, graphics, logos, images, and software, is protected by U.S. and international copyright laws. In addition, the compilation (that is, the collection, arrangement and assembly) of all content on this site is the exclusive property of FirstEnergy. The trademarks, logos, and service marks displayed on this Web site are trademarks of FirstEnergy. Except as otherwise expressly provided, nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or trademark displayed on this Web site without the written permission of FirstEnergy; you may not sell or modify the materials, or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the written permission of FirstEnergy. You further agree to use this Web site for internal business purposes only, and will not permit third parties to access this site by or through the use of your account. Client shall not resell, sublicense, copy, distribute, publish, transmit, provide access to, or provide use of the Services or the MeterProfile Web site to any third party without the prior written approval of FirstEnergy. Client shall not derive specifications from, reverse engineer, reverse compile, disassemble, record, or create derivative works based on the MeterProfile Web site.
No failure, delay or default in performance of any obligation under this Agreement will constitute an event of default or a breach of license, representation or warranty under this Agreement if and to the extent it is caused by: strike; fire; shortage of materials; act of a public authority; unavoidable casualty; civil disorder; riot; insurrection; vandalism; war; severe weather; natural disaster or other act of God; failure of the Internet; failure or error of an Internet services provider or other provider of connectivity, any lines of transmission, any other third party equipment or software through which Internet transmissions occur, or any telecommunications carrier; hacking or electronic vandalism; or, other cause if such cause is beyond the reasonable control of the party otherwise chargeable, for so long as such cause continues and for a reasonable period of time thereafter. Notwithstanding the foregoing, such cause will not include a party's lack of funds, lack of credit, or other financial inability to perform. If a party intends to rely on the foregoing force majeure protection, it will timely notify the other party in order to permit the other in its sole discretion to suspend or curtail its own performance under the Agreement for such time as the failure, delay or default continues.
This Agreement is governed by and shall be construed in accordance with Ohio law as such laws apply to agreements entered into and to be performed entirely within the State of Ohio between Ohio residents. Any controversy or claim arising out of or relating to this Agreement or to the operation or use of the MeterProfile Web site shall be settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place at Akron, Ohio. Any such claim shall be arbitrated on an individual basis, not consolidated with any other party's claim. The arbitrator(s) shall be entitled to award injunctive relief, but shall not be entitled to award punitive damages. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award or an order of enforcement.
THIS WEB SITE AND THE MATERIALS ON IT ARE PROVIDED "AS IS." FIRSTENERGY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. FirstEnergy does not warrant that this Web site will operate error free or that this Web site or its server are free of computer viruses or other harmful items. If your use of this Web site or the materials on it results in the need for servicing or replacing equipment or data, FirstEnergy is not responsible for those costs. FIRSTENERGY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION), ARISING OUT OF OR IN CONNECTION WITH THE OPERATION OR USE OF FIRSTENERGYCORP.COM, OUR SERVICES, OR THIS AGREEMENT, EVEN IF FIRSTENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any term or provision in this Agreement to the contrary, FirstEnergy's liability to Client under this Agreement shall not exceed an amount equal to $50 multiplied by the number of metered sites registered for the Services.