ACCEPTABLE USE POLICY
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT WITH Choice Broadband FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO TIME BY Choice Broadband AS SET FORTH BELOW.
Choice Broadband and its affiliates (collectively “Choice Broadband “) have designed this Acceptable Use Policy (“AUP”) governing Choice Broadband’s services (the “Services”) to ensure the integrity of its wireless broadband network and enhance the use of the Services for all of Choice Broadband’s customers by designating standards for acceptable and unacceptable use. This AUP forms part of the agreement between Choice Broadband and you and is incorporated by reference into Choice Broadband ‘s Terms of Service (the “Terms of Service”) found at www.choicebroadband-midland.net; capitalized terms not defined in this AUP are defined in the Terms of Service. BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM Choice Broadband (the “EQUIPMENT”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AUP.
Prohibited or Actionable Activities.
To preserve the ability of all of its customers to use Choice Broadband ‘s network and the Internet without interference or harassment from other users, and as a condition of the Service, Choice Broadband prohibits you from engaging in the following activities:
Unlawful or Improper Use of the Service.
You may not use the Service in a manner that is unlawful, harmful to or interferes with use of Choice Broadband ‘s network or systems, or the network of any other provider, damages, disables, or impairs any Choice Broadband property, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes spam or e-mail abuse, a security risk or a violation of privacy. The Service is intended for reasonable periodic, ordinary active use.
You may not use the Service to store, post, transmit, or disseminate material or information that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation. The Choice Broadband shall determine in its sole discretion whether you have violated the foregoing restriction.
You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, “Spam”). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this AUP. Choice Broadband considers any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be “unsolicited” for purposes of this AUP if (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” You may not use techniques to hide or obscure the source of any e-mail or other communication.
You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
You may not use the Service to upload files or transmit any material that contains viruses, worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. To protect our customers, Choice Broadband monitors Internet ports that are considered to be security risks as determined by Choice Broadband in its sole discretion.
You may not use the Service to store or collect or attempt to store or collect, non-public personal information about third parties without their prior knowledge and consent.
Excessive Utilization of Network Resources.
Wireless networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of a wireless network’s resources. Choice Broadband, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to unreasonably disrupt or degrade the Choice Broadband network or network usage by others. Choice Broadband reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion.
While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. When feasible, upon observation of an excessive use pattern, Choice Broadband will attempt to contact you by e-mail at the e-mail address on file or otherwise to alert you to your excessive use of bandwidth and to help determine the cause. Choice Broadband representatives also are available to explain the parameters of this AUP and the Accelerated Performance Services™ to help you avoid another excessive use incident or to upgrade you to a different class of Service that comports with your usage. If you are unavailable or do not respond to Choice Broadband ‘s attempt to contact you regarding excessive use, or if excessive use is ongoing or recurring, Choice Broadband reserves the right, set forth in the “AUP Enforcement and Notice” provisions below, to act immediately and without further notice to restrict, suspend or terminate your Service.
Use of Your Account by Others.
You may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP, nor may you reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service or hardware without Choice Broadband ‘s prior written consent. You may not permit your network, through action or inaction, to be configured in a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
AUP Enforcement and Notice.
Customer’s failure to observe the guidelines associated with this AUP may result in Choice Broadband taking actions that may range from a warning to a suspension or termination of Service. When feasible, upon observation of a violation of this AUP, Choice Broadband may attempt to contact you by e-mail at the e-mail address on file or otherwise to notify you of the violation. Choice Broadband representatives also are available to work with you to explain the parameters of this AUP and to help you avoid an AUP violation.
Choice Broadband reserves the right, however, to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose Choice Broadband to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of Choice Broadband ‘s network or networks with which Choice Broadband is interconnected; (3) interfere with another Choice Broadband customer’s use of the Service; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to Choice Broadband or its customers. In the event of termination of your Service, all applicable termination charges will apply.
Except as expressly provided herein, the rights and remedies of Choice Broadband are cumulative and not exclusive of any rights or remedies that Choice Broadband may otherwise have at law or in equity. Waiver of any violation of this AUP by Choice Broadband shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Choice Broadband in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Choice Broadband has the right but not the obligation to monitor or restrict any uses of the Service that Choice Broadband reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for the abuse of your account by others.
Choice Broadband requests that any person who becomes aware of a violation of this AUP report the information to Choice Broadband at firstname.lastname@example.org, 734 S. Grandview Odessa Texas, 79761, and/or 432-614-4400. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. Choice Broadband may take any appropriate action as it reasonably deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Choice Broadband at email@example.com, 734 S. Grandview Odessa Texas, 79761, and/or 432-614-4400, Attn: Copyright Infringements. Note that inquiries relevant to the following procedure only will receive a response.
Revisions; Reservation of Rights.
Choice Broadband reserves all rights including the right to revise, amend, or modify this AUP or any other Choice Broadband policy at any time, by sending you an email notification to the email address associated with your account, or by announcing any amendments or modifications in the “Service Announcements” section of Choice Broadband ‘s website:www.choicebroadband-midland.net . Such amendments or modifications will become effective on the date we send them to you by email or announce them on our website, whichever is earlier; afterward, your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications. However, if you do not wish to continue Service after a change that is materially disadvantageous to you, you may terminate this Agreement by providing written notice to Choice Broadband within twenty (20) days of the effective date of the modification.
Choice Broadband Wireless Broadband Internet Service Agreement
ALL RIGHTS RESERVED. The entire content of the co-branded website, including but not limited to design, graphics, interfaces, code, and the selection and arrangement thereof, is protected as the copyrights, trade dress, trademarks and other intellectual property rights owned by Choice Broadband.
The Choice Broadband ™ name and logo and other designated names, marks, and phrases are trademarks of Choice Broadband.
The Information We Collect
The information Choice Broadband gathers generally falls into four general categories: (1) personal, business, and demographic information you supply that we use primarily for evaluating applicants and conducting market research; (2) information you supply when you register or initiate transactions; (3) tracking information gathered as you navigate online; (4) information required to enable your use of certain applications. Some of this information identifies a particular person, but much of it does not. Third-party providers whose sites are featured on and accessed via our site and third-party manufacturers of devices that can be used by you on our network may gather information as well.
When you interact with Choice Broadband when applying for Choice Broadband Service, for example, we may request some or all of the following information:
1. Contact information (e.g., name, address, telephone number, and e-mail address)
2. Credit card, debit card or check card and Choice Broadband account number
3. Driver’s license
4. Company name (for corporate accounts)
5. Household characteristics (e.g., number of children and number of Internet users)
6. The technology employed (e.g., type of Internet access and specifications for your computer)
Why We Collect This Information
We need this information to process your application or service order and to conduct market research. If we have trouble processing your application or order, we use the contact information you provide to get in touch with you. We also use your contact information to provide you with Choice Broadband updates or to assist you with your wireless service and to inform you of new products or services that may be of interest to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize Choice Broadband pages, or register with Choice Broadband sites or services, a cookie helps Choice Broadband recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, preferred email address, and so on. When you return to Choice Broadband, the information you previously provided can be retrieved, so you can easily use the Choice Broadband features that you customized.
We use two kinds of cookies: (i) temporary or “session”-based cookies that contain certain information about a user’s or visitor’s use of our website at a particular time and (ii) “persistent” cookies that contain certain account-related information about a registered user’s use of our website. Session-based cookies are automatically disabled or deleted when a user of, or visitor to, our website closes his or her browser software at the end of a session. Persistent cookies remain stored on a registered user’s computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other visitors to and users of our website and our services may not operate in an intended manner if you have disabled cookies.
California “Do Not Track” Disclosure
California law requires that operators of the website and online services disclose how they respond to a Do Not Track signal and whether other third parties may collect personally identifiable information about an individual’s online activities from their site or service.
Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, Choice Broadband does not currently respond to Do Not Track signals. For more information regarding Do Not Track mechanisms, see http://allaboutdnt.com/.
Information Collected by Third Parties
Disclosure of Information
We consider the personal information contained in our business records to be confidential. Choice Broadband will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using our services, except as described herein. However, we may sometimes disclose information about you to our business partners or to others who work for us, such as our vendors who assist us to provide our services to you. We may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Choice Broadband; (b) protect and defend the rights or property of Choice Broadband including, without limitation the security and integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public.
As our business grows, we may buy or sell various assets. In the unlikely event that Choice Broadband, one of its business units, or substantially all of its assets are acquired by another company, information about our visitors would be among the transferred assets.
Choice Broadband is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems with limited access and which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure.
As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us or by us over the Internet. We have implemented security practices that we believe to be reasonable in light of industry standards to ensure that your privacy is safeguarded at every level of our organization. Choice Broadband will continue to revise its security policies and implement additional security features as new technologies become available.
To make wireless communications possible, Choice Broadband ‘s network knows the general location of your wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that our network will know where to route an incoming communication and how to properly bill for the service. This is necessary to make wireless communications possible.
Your location information will only be used to provide the service(s) or carry out the transaction(s) you have requested or authorized. Choice Broadband does not and will not track your location, and any request you make to determine your location will not be paired by us with any information that identifies you personally.
The law permits us to disclose the call location of a device on our network without a user’s consent (1) to a user’s legal guardian or members of a user’s immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, (3) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device’s location on the network without delay, and (4) in “aggregate” form. Aggregate data is collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.
Choice Broadband and Kids
Choice Broadband takes care to protect the safety and privacy of young people using our services and encourages you to participate in your child’s experience in cyberspace. We do not sell products or services to kids. Also, federal law requires website operators who collect personal information from children under the age of thirteen to first get parental consent. Out of an abundance of caution, we do not knowingly collect personally identifiable information from children and teenagers under the age of 18 and Choice Broadband does not wish to collect any such information.
You agree not to permit your child to use our services without your consent and you agree not to permit your child to provide us with information about him or her. Parents, please note that if you grant consent for your child to use our services, your child will be able to communicate with other users of all ages. Before providing consent, please be aware that your child will be able to disclose personal information (e.g. name, address, e-mail, and phone numbers) on his or her own. We encourage you to talk with your children about communicating with strangers and disclosing personal information online.
Choice Broadband Spam Policy
Choice Broadband will deal with Spam complaints seriously and will close spammer’s customer accounts. We may use customer information to investigate and prevent potentially unlawful activity that threatens the service or network integrity or otherwise violates the service agreement.
Spam is an email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don’t know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Both kinds of spam are inappropriate.
Enforcement of this Privacy Statement
If you have questions regarding this statement, you should contact Choice Broadband.
TERMS OF SERVICE
Wireless Broadband Internet Service
THIS WIRELESS BROADBAND INTERNET SERVICE AGREEMENT (“AGREEMENT”) IS BETWEEN YOU AND Choice Broadband (“Choice Broadband”). THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE “TERMS OF SERVICE”. BY USING Choice Broadband ‘S WIRELESS BROADBAND INTERNET SERVICE (THE “INTERNET SERVICE”), ANY RELATED OPTIONAL SERVICES (THE “OPTIONAL SERVICES”), OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM Choice Broadband (“EQUIPMENT”), (THE INTERNET SERVICE AND THE OPTIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICE”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION (WHICH DETAILS THE SERVICE PLAN(S) YOU HAVE AGREED TO PURCHASE) ARE INCORPORATED HEREIN BY REFERENCE AND ARE PART OF THIS AGREEMENT. ALL PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT APPLY TO EQUIPMENT AND SERVICES PROVIDED TO YOU BY THE COMPANY, UNLESS OTHERWISE SPECIFIED.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING:
LIMITS AND DISCLAIMERS ON Choice Broadband’S LIABILITY AND WARRANTIES;
THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE;
FEES FOR EARLY TERMINATION;
THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT BY LAWSUIT; AND
A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION.
1. Agreement Governing Use of Service.
The current version of this Agreement (including the Service Plans) can be found at www.choicebroadband-midland.net. Choice Broadband reserves all rights including the right to revise, amend, or modify this Agreement or any other Choice Broadband policy at any time, by sending you an email notification to the email address associated with your account. Such amendments or modifications will become effective on the date we send them to you by email if after receiving such email notice you continue to use the Service or Equipment. Such continued use will constitute your acceptance of any such amendments or modifications.
2. Term of the Service
Month to Month Subscriber – When you purchased a monthly subscription, you will be able to use the Service for any consecutive monthly period which has been paid in advance as described in your Order Confirmation. For example, if you purchased a month-to-month subscription and your billing cycle commences on the eighth day of a particular month, then you will be charged on the eighth day of the following month and each month thereafter until your Service is terminated.
3. Terms Applicable to Choice Broadband Service Accounts
Subject to applicable law, you expressly agree that all applicable monthly subscription and/or other fees and charges will accrue until this Agreement has terminated, the Services have been disconnected, and all rented Equipment has been returned to Choice Broadband. Monthly Service fees will not be pro-rated. Upon termination or expiration of this Agreement for any reason, Choice Broadband and its suppliers reserve the right, to the extent permitted by applicable law, to delete any voicemails, data, files, electronic messages or other information stored on Choice Broadband ‘s or its suppliers’ servers or systems. Choice Broadband, its affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.
From time to time, Choice Broadband may reasonably require you to cooperate with and consent to remote and/or on-site (i) service level verification and/or (ii) troubleshooting by Choice Broadband. You agree that failure to comply with our reasonable requests constitutes grounds for termination of your Service.
4. Payments and Invoices/Metered Billing.
You will make payments to Choice Broadband for the Service and Equipment using your credit, debit, or another acceptable bank card (the “Card”) or through an electronic funds transfer (“EFT”) that debits funds directly from a bank account that you designate. (Payment by EFT is not an option for Choice Broadband Service accounts at this time, and the terms set forth herein regarding payment by EFT shall have no effect until such time as Company begins to accept payment for Equipment and/or Services via EFT). You will ensure that the Card and/or EFT-related information you have provided to Choice Broadband is valid at all times. Failure to provide valid Card information or Card status may result in Service suspension or termination, late charges, re-activation fees and other fees and charges attributable to you as a result of your failure to timely pay your account balance(s). Fees and charges for Service are contained in the Order Confirmation and your invoice on “My Account”. (My Account is Choice Broadband ‘s web-based account tracking system that allows you to view your account status, pay invoices, and make other changes to your account profile at any time). As part of the order process, or whenever you update your Card information on file with us, Choice Broadband will pre-authorize one or more charges on your account with your Card. The charge will be related to the account activation and for the estimated amount of the first month’s service + tax plus any fees for account setup, installation or other fees which are fully disclosed at the time of purchase. Thereafter, Choice Broadband may or may not send you a reminder to purchase another term of service on a monthly basis for the Service, the Equipment (as applicable), including any Optional Services (as applicable). Monthly charges will be automatically charged to your Card or debited via EFT from your e-check account on record in advance and as specified in any applicable recurring payment plan you enter with Choice Broadband. You expressly agree that Choice Broadband may charge your Card all amounts associated with your Choice Broadband account. You will pay Choice Broadband all outstanding balances when due.
5. Billing Disputes.
You must notify Choice Broadband in writing no later than thirty (30) days after receiving your Card or bank account statement if you dispute any Choice Broadband charges on that statement or such dispute will be deemed waived. Choice Broadband will resolve all billing disputes in its sole discretion.
6. Delinquency/Late Fees.
a. Accounts not paid in full by the due date are subject to suspension or termination by Choice Broadband. In addition, Choice Broadband may terminate your Service if your Card expires or the bank account is closed or suspended and you have not provided Choice Broadband with a valid replacement Card or EFT-related information. In the event of such suspension or termination by Choice Broadband, you will pay Choice Broadband any outstanding fees and all collection costs and fees, including reasonable attorneys’ fees and late fees, incurred or charged by Choice Broadband. Choice Broadband may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay Choice Broadband all past due amounts and late payment fees plus a reasonable suspension charge per account to cover Choice Broadband ‘s administrative costs associated with the termination and applicable taxes.
b. All delinquent charges and charges not honored by your Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s) or $5 per month (or portion of a month), whichever is greater. Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes you may have raised regarding your invoiced charges, provided however that any disputed charges which are resolved in your favor will not be assessed a late fee or have the late fee removed from the charges.
7. Availability of Service/Variation of Performance/Maintenance Outages.
You acknowledge that Service, may not be available in all areas, and even within coverage areas service availability, quality, signal strength, and network speeds may vary, be lower than advertised or be insufficient for use of the Service. You agree to provide Choice Broadband with the correct address of your primary place of use, which will be used to determine whether adequate coverage is available. You further agree to promptly notify Choice Broadband of any changes in the primary Service address. In order to provide the best possible service to its customers, Choice Broadband must perform maintenance on its network. In some cases, this may require Choice Broadband to conduct either a planned or unplanned interruption of the Service. Choice Broadband will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted, and cannot always give advance notice of such outages. You acknowledge and agree that Choice Broadband shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages. Please see Section 11 (Credits) and Section 21 (Limitation of Liability) of this Agreement for further restrictions on Choice Broadband’s liability for Service outages. Except as otherwise provided in this Agreement, no refunds or credits will be made for any Service outages.
8. Equipment Provided – Rent.
If you rent any Equipment from Choice Broadband, you must return all rented Equipment in good working order upon the termination or expiration of this Agreement or upon Choice Broadband ‘s request. If you fail to return all rented Equipment in good working order, reasonable wear and tear excepted, within thirty (30) days after expiration of this Agreement or by the date otherwise specified or requested by Choice Broadband , you agree to pay Choice Broadband a “non-return” fee for such Equipment, which you acknowledge is a reasonable estimation of the repair or retail value of the Equipment. In addition, if you do not return the rented Equipment to Choice Broadband by the required date, you agree to continue paying Choice Broadband your monthly Service charges until you return the Equipment.
You hereby irrevocably authorize Choice Broadband to charge such amounts (the cost of the Equipment and the monthly Broadband Internet Service charges) to any Card or bank account you provide or previously have provided to Choice Broadband for any purpose. You understand that this authorization to charge your Card or bank account for failing to return rented Equipment in good working order may not be revoked even if you revoke an authorization to charge your Card or bank account for other purposes. Choice Broadband may replace, upgrade, repair, or otherwise modify any rented Equipment, and will repair or replace (in Choice Broadband ‘s sole discretion) any properly maintained rented Equipment that fails to operate as required for the delivery of Service. You also acknowledge and agree that the modem you are purchasing/leasing may be refurbished equipment, and there shall be no offset, discount, or other reduction in the purchase or rental price.
You may not modify rented Equipment in any way or sell, encumber, or otherwise transfer the Equipment to others. This section, including all authorizations herein, will survive expiration or termination of this Agreement for any reason.
9. Equipment and Installation Warranty.
warrants to you that the Equipment and its installation by Choice Broadband will be substantially free from material defects, under normal use in compliance with Choice Broadband ‘s instructions, for a period of 90 days from the date you receive the Equipment or installation (“Limited Warranty”). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, an act of God, your failure to comply with Choice Broadband ‘s policies or other instructions provided by Choice Broadband, actual or attempted alteration of or additions to the Equipment not approved by Choice Broadband, or any other cause beyond the reasonable control of Choice Broadband , all as determined by Choice Broadband (collectively, “Excluded Causes”). Repair or replacement, in Choice Broadband ‘s discretion, of the Equipment and performance of the installation, is Choice Broadband ‘s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment or the installation, as applicable. This Limited Warranty is personal to you and will terminate immediately upon the sale or transfer of the Equipment or expiration or termination of this Agreement.
You may elect to use the troubleshooting guides and user information provided by Choice Broadband or available at: www.choicebroadband-midland.net prior to contacting Choice Broadband Customer Service for assistance. In the event that you request a service call to your Service location and Choice Broadband determines that the problem is your responsibility, you authorize Choice Broadband to charge your Card or bank account or require you to otherwise pay for the cost of the service call.
No credit or adjustment will be made for interruptions or degradations of the Service except as provided for in this Section. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, a credit allowance will be made for an amount not to exceed the prorated monthly charges for your Service during the affected period provided that you request the credit in writing within thirty (30) days of the commencement of the interruption or degradation. The foregoing credit will be your sole and exclusive remedy for any interruption or degradation of the Service. No credit will be available if the interruption period results from any Excluded Causes set forth in Section 9 (Equipment and Installation Warranty) of this Agreement.
12. Network Management
You acknowledge that performance and bandwidth available to each computer or device connected to the network may vary for reasons including, but not limited to the number of users, computers or devices connected to the network, the amount of data being transferred over the network, and available bandwidth. You also agree that Choice Broadband reserves the right to engage in reasonable network management to protect the overall network, including detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and through techniques such as limiting the aggregate bandwidth available to bandwidth intensive users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined by resource consumption and not by the use of any particular application. For further information, please refer to Choice Broadband ‘s Acceptable Use Policy, which may be amended from time to time.
Choice Broadband IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT THAT CAN BE ACCESSED VIA THE SERVICE AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE SERVICES. Any information you involuntarily or voluntarily provide to third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Choice Broadband, its host network provider or any content providers or other third parties. Neither Choice Broadband nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through the Service.
13. Acceptable Use Policy.
The Acceptable Use Policy is incorporated into this Agreement and is a part of the Agreement. Choice Broadband reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Acceptable Use Policy, in which case you will forfeit any unused Service and will not be entitled to a refund.
15. Ownership; Software; No Licenses.
The Service and rented Equipment, and any firmware or software used to provide the Service that is embedded in any Equipment or used in connection with the Service (collectively “Software”); all Service information, documents and materials delivered to you by Choice Broadband or located on Choice Broadband ‘s website (collectively “Information”); and all names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of Choice Broadband are and will remain the sole property of Choice Broadband and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the Service in accordance with the Agreement.
The Software may be updated, downloaded, or replaced by feature enhancements, software updates, system restores software or data generated or provided subsequently by Choice Broadband or its host network provider. The software is licensed, not sold, to you by Choice Broadband and/or its licensors/suppliers for use only on your Equipment. Your use of the Software shall comply with its intended purposes as determined by us.
You are not permitted to use the Software in any manner not authorized by us or that is prohibited by any license applicable to the Software. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof.
16. Tampering with the Equipment.
You must not use the Service any Equipment that has an altered electronic serial number or equipment identifier or any Equipment that has undergone a factory reset without the express written permission from Choice Broadband. In addition, you may not use with the Service any serviced, altered, modified, stolen or tampered Equipment, or permit any other person (unless authorized in advance by Choice Broadband in writing) to do so. You agree not to make any modifications or alterations to Equipment without Choice Broadband’s prior written approval.
17. Theft of the Service or Rented Equipment.
You must notify Choice Broadband immediately, in writing or by calling Choice Broadband Customer Service, if any rented Equipment is lost or stolen or if you become aware at any time that the Service is being stolen or fraudulently used.
18. Termination/Discontinuance of Service.
Choice Broadband may suspend or discontinue providing the Service generally or terminate your Service, either in whole or in part, at any time in its sole discretion. If Choice Broadband discontinues providing the Service generally or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges.
19. Disclaimer of Representations and Warranties.
THE ONLY WARRANTIES BEING MADE BY Choice Broadband WITH REGARD TO THE SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9 OF THIS AGREEMENT. THE Choice Broadband PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY Choice Broadband EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY Choice Broadband PARTIES. Choice Broadband DOES NOT AUTHORISE ANYONE TO MAKE A WARRANTY OF ANY KIND ON Choice Broadband BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
20. Limitation of Liability.
(A) IN NO EVENT SHALL ANY OF THE Choice Broadband PARTIES BE LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY:
(I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO Choice Broadband FOR THE APPLICABLE SERVICE OR EQUIPMENT HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY;
(II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS;
(III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING THE INTERNET PHONE SERVICE, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION;
(IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS;
(V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA; OR
(VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE Choice Broadband ‘S REASONABLE CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT Choice Broadband WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH Choice Broadband, OR CLAIM AGAINST Choice Broadband , THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION, MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
21. Complaint Resolution/Notices.
All complaints must be sent to Choice Broadband Customer Service at the address set forth at choicebroadband-midland.net or by calling 432-614-4400. Choice Broadband may require you to describe the complaint in writing. Written notices to you from Choice Broadband will be deemed given: (i) when sent to the email address specified on your Order Confirmation, or such other email address you specify in writing, with at least thirty days prior notice, (ii) three (3) days following the date deposited in the U.S. Mail addressed to your last known address as kept in Choice Broadband’s files, or (iii) the date of delivery or rejection when sent by a nationally recognised courier. You are responsible for notifying Choice Broadband of any changes in your email and/or mailing address. Written notice to Choice Broadband will be effective when directed to Choice Broadband’s Customer Service Department and received at the address set forth at www.choicebroadband-midland.net. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence and notice sent to you by Choice Broadband, including account statements, account status, payment and billing information, and changes to terms of service, will be sent by Choice Broadband electronically to the last email address provided by you.
You will defend, indemnify, and hold harmless Choice Broadband and its affiliates, the agents and suppliers of each, and any of their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the “Choice Broadband Parties”) against any and all claims, losses, damages, and liabilities arising from or in connection with the use or misuse of the Service or Equipment by you or by any person you allow to use the Service or Equipment, or any breach of this Agreement by you or associated with Choice Broadband’s installation of Equipment, including, but not limited to, claims by any owner of the Service location. You also agree to reimburse the Choice Broadband Parties and pay each Choice Broadband Party’s reasonable attorneys’ fees and costs related to defending such claims and related to enforcing this Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of this Agreement for any reason.
23. Assignment and Successors in Interest.
All of the provisions of this Agreement will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assigns. Except as specifically stated herein, you may not assign this Agreement or any of your rights, interests, or obligations without the prior written consent of Choice Broadband. Any such assignment without consent will be void. The Company may assign this Agreement, in whole or in part, without your consent.
24. Entire Agreement/Severability.
This Agreement consists of these terms and conditions, the Order Confirmation, and your Service Plan (each as they may be amended from time to time) and represents the entire agreement and understanding of you and Choice Broadband regarding the subject matter of this Agreement and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter herein.
In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you and Choice Broadband, this Agreement will control unless Choice Broadband has expressly stated or agreed otherwise. In the event that a court of competent jurisdiction determines, in a final non-appeal able judgement, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties
25. Arbitration; Choice of Law; Statute of Limitations; Jury and Class Action Waiver.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO Choice Broadband UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGEMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. UNLESS YOU AND WE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND Choice Broadband WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. YOU AND Choice Broadband AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT Choice Broadband FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTION RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM OF THIS SECTION SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH PROVISION AND THE REMAINDER OF THIS SECTION 24 SHALL NOT BE AFFECTED.
Welcome to the Choice Broadband web site. This website is a service of Choice Broadband and its affiliates (“Choice Broadband”). By using this website, you agree to the terms of this visitor agreement (“Visitor Agreement”). You should read this Visitor Agreement carefully. If you don’t accept the terms of this Visitor Agreement, please don’t use the Choice Broadband web site. Each time you use this website in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.
You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends, and other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, aggregate, distribute or publish any information from this site for any other purpose without Choice Broadband’s written permission. Choice Broadband may make changes to this site or to the services or products described in this site at any time, without notice.
You shall not use this website in any way that, as determined by Choice Broadband in its sole discretion, violates any applicable law or any third party’s property rights, or that restricts or inhibits any other user from using this website. You shall not post on or transmit through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws. The Choice Broadband shall determine in its sole discretion whether you have violated the foregoing restriction.
Any conduct, communication, or content that, in the sole discretion of Choice Broadband, (i) violates applicable law, or (ii) is harmful or objectionable to individual users or to Choice Broadband, or (iii) infringes any rights of Choice Broadband or any third party, is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. Choice Broadband and its representatives do not assume liability for any action or inaction with respect to conduct, communication, or content on this website.
Purchase of Service
All purchases and use of services or products through the Choice Broadband website are governed by our Choice Broadband Terms of Service, our Acceptable Use Policy, and other policies set forth on our web page. Please read them before making a purchase or any use. To learn more about Choice Broadband services and products, you can visit our website.
No Guarantee of Reliability or Security
We try to provide accurate information through our website, but we do not guarantee and are not responsible for, the information you find on our website. Choice Broadband does not endorse any particular third parties, or their sites, merely because we provide a link to their website.
Choice Broadband uses reasonable precautions to protect the privacy of your personal information, such as credit card and other ordering information, but Choice Broadband does not guaranty the security of your information. Choice Broadband utilizes a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to the Choice Broadband order processing system. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee that information you supply won’t be intercepted while being transmitted to us or by us over the Internet. If your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your order by calling Choice Broadband at 432-614-4400. You must protect your username and password. Please log off before closing the browser window if you access your account from a public computer.
To obtain access to certain services through the Choice Broadband web site, you may be given an opportunity to register with Choice Broadband. As part of any such registration process, you will select a member name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. Choice Broadband reserves the right to reject or terminate any member name that it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Choice Broadband of any known or suspected unauthorized use of your account.
Ownership of Information
“Choice Broadband” and our logo are trademarks of Choice Broadband. All other trademarks, product names, and company names and logos appearing on this website are the property of their respective owners. You must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names, and logos.
With the exception of website content provided by Choice Broadband , the information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons, and other materials contained in this website (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this website is copyrighted as a collective work under the U.S. copyright laws, and LocaLoop, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of all content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Certain portions of this website may allow you to post or upload comments, messages, materials, information, or other content (collectively, “User Generated Content”). Choice Broadband has no obligation to review User Generated Content posted and/or submitted by any persons accessing this website. Choice Broadband is not in any manner responsible for User Generated Content, it does not guarantee the accuracy, integrity or quality of User Generated Content, and it cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on this website. You acknowledge that by providing you with the ability to access and view User Generated Content on this website, Choice Broadband is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on this website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials, and opinions expressed or included in any User Generated Content are not necessarily those of Choice Broadband.
You acknowledge and agree that Choice Broadband has the absolute right, but not the obligation, to monitor User Generated Content posted to this website in its sole discretion. In addition, Choice Broadband reserves the right to alter, edit, refuse to post, or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that Choice Broadband does not have any obligation to use or respond to any User Generated Content.
Your User Generated Content is not confidential or proprietary. When you post User Generated Content to this website, you authorize Choice Broadband to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Generated Content on this website. You grant to Choice Broadband a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to use, reproduce, distribute, transmit, create derivative works, publicly display any of your User Generated Content in any manner or media now or later known, including but not limited to the right to sublicense and assign and commercialise the User Generated Content without any compensation due to you. Choice Broadband does not assert any ownership over your User Generated Content; rather, as between Choice Broadband and you, subject to the rights granted to Choice Broadband in this Visitor Agreement, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
You agree that you shall immediately notify Choice Broadband in writing of any objectionable content appearing on this website. Choice Broadband will make good faith efforts to investigate allegations that any User Generated Content violates this Visitor Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content. Any use of any content on the Website, including without limitation User Generated Content, will be at your own risk.
THE INFORMATION PROVIDED AT OR THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Choice Broadband NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM SERVICE DEGRADATION OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
This website may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades, and for other reasons within and outside of the direct control of Choice Broadband. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this website. Although Choice Broadband employs security measures, Choice Broadband cannot guarantee the security of this website or information provided through this website, or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by Choice Broadband.
Limitations on Choice Broadband Liability; Indemnification
NOT WITH STANDING ANYTHING ELSE IN THIS VISITOR AGREEMENT, NEITHER CHOICE BROADBAND NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS VISITOR AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF YOUR DATA.
These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability, or any other basis, and apply whether or not Choice Broadband was informed of the likelihood of any particular type of damages. If you are dissatisfied with this website, or if you have any other dispute with Choice Broadband relating to this website, then your sole and exclusive remedy is to discontinue using this website. Some of the disclaimers and exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of Choice Broadband shall be limited to the greatest extent permitted by law.
You will defend, indemnify, and hold harmless Choice Broadband against any and all claims, losses, damages, and liabilities arising from or in connection with the use or misuse of this website. This section of the Visitor Agreement shall survive its termination for any reason.
This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Minnesota. By using the Choice Broadband web site, you consent to the exclusive jurisdiction of the state and federal courts in Minnesota, in all disputes arising out of or relating to this Visitor Agreement and your use of the website. Any cause of action or claim you believe you may have with respect to the website or any Choice Broadband service or product obtained through the web site must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement.
We reserve the right to suspend service or deny access to our site for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this website, shall suspend or terminate your obligations under this Visitor Agreement.