§ 396-SS — Access number notification

§ 396-ss. Access number notification. 1. Definitions. For the purpose\nof this section, the following words shall have the following meanings:\n a. "Dial-up Internet service" means a service that, by employing\ntelephone lines, offers the transmission, routing, or providing of\nconnections for online communications, between or among points specified\nby a user, of material of the user's choosing, without modification to\nthe content of the material as sent or received.\n b. "Dial-up Internet service provider" means an entity that provides\ndial-up Internet service.\n c. "Dial-up Internet service subscriber" means a person or entity who,\nby current or continuing contract or other continuing arrangement with a\ndial-up Internet service provider, receives or uses a dial-up Internet\nservice provided by such dial-up Internet service provider.\n 2. Every dial-up Internet service provider that provides such service\nthrough one or more telephone numbers in telephone area codes located in\nNew York state shall prominently post in bold capital letters, on every\nscreen page on which Internet access service telephone numbers are set\nforth, whether contained on an Internet web site or elsewhere, the\nfollowing notice:\n WARNING: THE USE OF SOME OF THE FOLLOWING TELEPHONE NUMBERS MAY RESULT\nIN LONG DISTANCE CHARGES. IN SELECTING YOUR ACCESS NUMBER(S), PLEASE\nNOTE THAT ALTHOUGH AN ACCESS NUMBER MAY BE IN YOUR AREA CODE OR LOCATED\nIN YOUR GENERAL GEOGRAPHIC REGION, IT MAY NOT NECESSARILY BE A LOCAL\nNUMBER FOR YOU. YOU MAY INCUR SUBSTANTIAL TELEPHONE CHARGES IF YOU\nCHOOSE ACCESS NUMBERS THAT ARE NOT COVERED BY YOUR LOCAL CALLING PLAN.\n WE URGE YOU TO CHECK WITH YOUR TELEPHONE COMPANY TO FIND OUT WHICH\nNUMBERS ARE LOCAL FOR YOU BEFORE USING A NUMBER FROM THIS LIST.\n 3. Notwithstanding the provisions of subdivision two of this section,\na dial-up Internet service provider who provides such service through\none or more telephone numbers in telephone area codes located in New\nYork state who has sold or otherwise provided software to a dial-up\nInternet service subscriber prior to October twenty-fourth, two thousand\nfive, when such software cannot be updated by such Internet service\nprovider without action on the part of such dial-up Internet service\nsubscriber to include the notice required under subdivision two of this\nsection, and the contents of the screen page on which Internet access\nservice telephone numbers are displayed is not contained on an Internet\nweb site, may comply with the provisions of this section, for the\npurposes of such software and for such dial-up Internet service\nsubscribers, by sending such dial-up Internet service subscribers known\nor reasonably believed to be using such software the notice set forth in\nsubdivision two of this section, in either written or electronic form.\n 4. Every failure to comply with this section is a violation of article\ntwenty-two-A of this chapter.\n