ACCEPTABLE
USE POLICY
Effective December, 21, 2015
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF
ANY AGREEMENT WITH CSI4GINTERNET 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
CSI4GINTERNET AS SET FORTH BELOW.
CSI4GINTERNET and its affiliates
(collectively "CSI4GINTERNET" have
designed this Acceptable Use Policy ("AUP") governing
CSI4GINTERNET's services (the "Services") to
ensure the integrity of its wireless broadband network and enhance
the use of the Services for all of
CSI4GINTERNET's customers by designating
standards for acceptable and unacceptable use. This AUP forms part
of the agreement between CSI4GINTERNET
and you and is incorporated by reference into
CSI4GINTERNET's Terms of Service (the "Terms of
Service") found at www.csi4ginternet.com
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 CSI4GINTERNET (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 CSI4GINTERNET's network and the
Internet without interference or harassment from other users, and
as a condition of the Service. CSI4GINTERNET
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 CSI4GINTERNETs
network or systems, or the network of any other provider, damages,
disables, or impairs any CSI4GINTERNET
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 CSI4GINTERNET
shall determine in its sole discretion whether you have
violated the foregoing restriction.
Junk E-mail
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. CSI4GINTERNET 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.
Fraudulent Activity
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.
Impersonation
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.
Software Viruses
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, CSI4GINTERNET monitors
Internet ports that are considered to be security risks as
determined by CSI4GINTERNET in its sole
discretion.
Collecting Information
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. CSI4GINTERNET,
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 CSI4GINTERNET network or network
usage by others. CSI4GINTERNET 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,
CSI4GINTERNET 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. CSI4GINTERNET 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 CSI4GINTERNET's attempt to
contact you regarding excessive use, or if excessive use is ongoing
or recurring, CSI4GINTERNET 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 CSI4GINTERNET'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.
Security Precautions
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
CSI4GINTERNET 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,
CSI4GINTERNET may attempt to contact you by
e-mail at the e-mail address on file or otherwise to notify you of
the violation. CSI4GINTERNET
representatives also are available to work with you to
explain the parameters of this AUP and to help you avoid an AUP
violation.
CSI4GINTERNET 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 CSI4GINTERNET to
sanctions, prosecution, civil action or other liability; (2) cause
harm to or interfere with the integrity or normal operations
of CSI4GINTERNET's network or networks
with which CSI4GINTERNET is
interconnected; (3) interfere with another
CSI4GINTERNET customer's use of the Service; (4)
violate any applicable law, rule or regulation; or (5) otherwise
present an imminent risk of harm to
CSI4GINTERNET 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 CSI4GINTERNET are cumulative
and not exclusive of any rights or remedies that
CSI4GINTERNET may otherwise have at law or in
equity. Waiver of any violation of this AUP by
CSI4GINTERNET 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
CSI4GINTERNET 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. CSI4GINTERNET has the right but
not the obligation to monitor or restrict any uses of the Service
that CSI4GINTERNET 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 abuse of your account by others.
Reporting Violations
CSI4GINTERNET requests that any
person who becomes aware of a violation of this AUP report the
information to CSI4GINTERNET at
csi4ginternet@gmail.com, or 700 West Fayette Ave, Effingham IL
6240, and or (217) 342-6000 If available, please provide the IP
address used to commit the alleged violation and the date and time
of the alleged violation. CSI4GINTERNET
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 CSI4GINTERNET
at 700 West Fayette Inc, Effingham IL 62401, Attn: Copyright
Infringements. Note that inquiries relevant to the following
procedure only will receive a response.
Revisions; Reservation of Rights
CSI4GINTERNET reserves all rights
including the right to revise, amend, or modify this AUP or any
other CSI4GINTERNET 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
CSI4GINTERNET's website: www.csi4ginternet.com
. 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; afterwards, 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 CSI4GINTERNET within twenty
(15) days of the effective date of the modification.
CSI4GINTERNET Wireless Broadband
Internet Service Agreement:
Copyright
ALL RIGHTS RESERVED. The entire content of
the synKro™ 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
LocaLoop, Inc. and its affiliates.
The CSI4GINTERNET ™
name and logo and other designated names, marks, and phrases are
trademarks of CSI4GINTERNET.
PRIVACY
POLICY
CSI4GINTERNET is committed to
protecting your privacy. Please read this privacy policy statement
carefully so that you understand what kind of information we may
gather about you, how we may use that information, whether we may
disclose it to anyone, and the choices you have regarding our use
of the information and your ability to correct the information. We
will not trade, sell, or disclose to any third party any form of
personally identifiable information without your consent, including
information derived from registration, subscription, and use of
the CSI4GINTERNET's service, except as
stated below. This policy applies only to
CSI4GINTERNET, and not to other companies' or
organizations' Web sites to which we link.
The Information We Collect
The information
CSI4GINTERNET 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 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
CSI4GINTERNET when applying for
CSI4GINTERNET 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 CSI4GINTERNET 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. 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
CSI4GINTERNET 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.
Use of Cookies
To help make our website more responsive to your
needs, we use a standard feature of browser software nicknamed
"cookies." We use cookies to help us tailor our website to your
needs, to deliver a better, more personalized service, and to
remember certain choices you've made so you don't have to re-enter
them. A cookie is a text file that is placed on your hard disk by a
web page server. We will not use cookies to run programs or deliver
viruses to your computer. Cookies are uniquely assigned to you, and
are intended only to be read by a web server in the domain that
issued the cookie to you.
One of the primary purposes of cookies is to
provide a convenience feature to save you time. For example, if you
personalize CSI4GINTERNET pages, or
register with CSI4GINTERNET sites or
services, a cookie helps CSI4GINTERNET
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 [Company], the information you previously provided can be
retrieved, so you can easily use the
CSI4GINTERNET 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 the intended
manner if you have disabled cookies.
California "Do Not Track"
Disclosure
California law requires that operators of
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, CSI4GINTERNETdoes 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
Of course, our site includes links to other web
sites and provides access to products and services offered by third
parties whose privacy policies we don't control. In addition, some
manufacturers of devices that can be used on our network (whether
co-branded with the CSI4GINTERNET brand
name or not) may include in such devices software to monitor device
usage and performance, and an embedded web browser that can be
remotely activated by the manufacturer without your knowledge. Such
browsers are typically used by the manufacturer to remotely connect
to devices in order to send software updates or gather device
performance data such as, for example, session duration, or volume
of bytes downloaded and uploaded. In some instances, manufacturers
may share with CSI4GINTERNET some or all
of the information they collect (in which case the shared
information will be subject to
CSI4GINTERNET's privacy policy), however
CSI4GINTERNET does not control how those
manufacturers may use information they collect, and you should
check your device manufacturer's privacy policy. When you (a)
access another web site, (b) purchase products or services or
conduct other transactions through a web site linked to our web
site, or (c) use a device in which the manufacturer has embedded
monitoring software and a web browser, use of any information you
provide or which is otherwise gathered by such other web site or
manufacturer may be governed by the privacy policy of the operator
of the site you're visiting, the provider of such products or
services, or the manufacturer of the device, as applicable. The
provider's or manufacturer's privacy practices may differ from
ours, and we are not responsible for their actions. Please be aware
that these third-party sites or manufacturers may also use their
own cookies, web beacons or third-party software or "spyware", for
which we are not responsible.
Disclosure of Information
We consider the personal information contained
in our business records to be confidential.
CSI4GINTERNET 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
CSI4GINTERNET; (b) protect and defend the rights
or property of CSI4GINTERNET 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
CSI4GINTERNET 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.
Security
CSI4GINTERNET 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 Socket Layer (SSL) protocol. Additionally, our synKro™
systems use applications and storage that reside in the cloud
provided by Microsoft Azure, which uses the highest
industry-accepted security practices. More information is available
at
http://azure.microsoft.com/en-us/support/trust-center/compliance/
. 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. CSI4GINTERNET will
continue to revise its security policies and implement additional
security features as new technologies become available.
Location Information
To make wireless communications possible,
CSI4GINTERNET'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. CSI4GINTERNET
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.
Your service may also be personalized using your
zip code or other location identifiers that you provided, such as
an address. We use this information to serve you relevant content,
and we treat the information like any other personal information
under this privacy policy.
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.
CSI4GINTERNET and Kids
CSI4GINTERNET 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
CSI4GINTERNET 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.
CSI4GINTERNET Spam Policy
CSI4GINTERNET 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 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 CSI4GINTERNET.
Privacy Policy Changes
If we decide to change our privacy policy, we
will post those changes here so that you will always know what
information we gather, how we might use that information and
whether we will disclose it to anyone. By continuing to use
CSI4GINTERNET's service after we post any
changes, you accept and agree to this privacy statement, as
modified. Of course, our use of information gathered while the
current privacy statement is in effect will be consistent with the
current statement, even if we change that statement
later.
TERMS OF
SERVICE
Wireless Broadband Internet Service Effective
December, 21, 2015
THIS WIRELESS BROADBAND INTERNET SERVICE
AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND
CSI4GINTERNET
("CSI4GINTERNET"). THIS AGREEMENT
IS SOMETIMES REFERRED TO AS THE "TERMS OF SERVICE". BY USING
CSI4GINTERNET'S WIRELESS BROADBAND INTERNET
SERVICE (THE "INTERNET SERVICE"), ANY RELATED OPTIONAL SERVICES
(THE "OPTIONAL SERVICES"), OR ANY EQUIPMENT PURCHASED OR RENTED BY
YOU FROM CSI4GINTERNET ("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
CSI4GINTERNET'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.csi4ginternet.com
CSI4GINTERNET reserves all rights including the
right to revise, amend, or modify this Agreement or any
other CSI4GINTERNET 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 CSI4GINTERNET 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 CSI4GINTERNET. Monthly
Service fees will not be pro-rated. Upon termination or expiration
of this Agreement for any reason, CSI4GINTERNET
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
CSI4GINTERNET's or its suppliers' servers or
systems. CSI4GINTERNET, 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,
CSI4GINTERNET may reasonably require you to
cooperate with and consent to remote and/or on-site (i) service
level verification and/or (ii) troubleshooting by
CSI4GINTERNET. 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
CSI4GINTERNET for the Service and Equipment
using your credit, debit, or other 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 CSI4GINTERNET
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 CSI4GINTERNET 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 CSI4GINTERNET'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, CSI4GINTERNET
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,
CSI4GINTERNET 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 CSI4GINTERNET,
You expressly agree that CSI4GINTERNET
may charge your Card all amounts associated with your
CSI4GINTERNET account. You will pay
CSI4GINTERNET all outstanding balances when
due.
5. Billing Disputes
You must notify
CSI4GINTERNET in writing no later than thirty
(30) days after receiving your Card or bank account statement if
you dispute any CSI4GINTERNET charges on
that statement or such dispute will be deemed waived.
CSI4GINTERNET 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
CSI4GINTERNET. In addition,
CSI4GINTERNET may terminate your Service if your
Card expires or the bank account is closed or suspended and you
have not provided CSI4GINTERNET with a
valid replacement Card or EFT-related information. In the event of
such suspension or termination by
CSI4GINTERNET, you will pay
CSI4GINTERNET any outstanding fees and all
collection costs and fees, including reasonable attorneys' fees and
late fees, incurred or charged by
CSI4GINTERNET,CSI4GINTERNET may,
but is not required to, reactivate your Service after Service has
been suspended or terminated. Before Service may be reactivated,
you must pay CSI4GINTERNET all past due
amounts and late payment fees plus a reasonable suspension charge
per account to cover CSI4GINTERNET'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 CSI4GINTERNET 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 CSI4GINTERNET
of any changes in the primary Service address. In order to
provide the best possible service to its customers,
CSI4GINTERNET must perform maintenance on its
network. In some cases this may require CSI4GINTERNET
to conduct either a planned or unplanned interruption
of the Service. CSI4GINTERNET 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 CSI4GINTERNET 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
CSI4GINTERNET'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
CSI4GINTERNET, you must return all rented
Equipment in good working order upon the termination or expiration
of this Agreement or upon CSI4GINTERNET'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
CSI4GINTERNET, you agree to pay
CSI4GINTERNET 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 CSI4GINTERNET
by the required date, you agree to continue paying
CSI4GINTERNET your monthly Service charges until
you return the Equipment. You hereby irrevocably authorize
CSI4GINTERNET 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 CSI4GINTERNET 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 authorization
to charge your Card or bank account for other purposes.
CSI4GINTERNET may replace, upgrade, repair, or
otherwise modify any rented Equipment, and will repair or replace
(in CSI4GINTERNET'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 purchase or rent 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
CSI4GINTERNET warrants to you that
the Equipment and its installation by
CSI4GINTERNET will be substantially free from
material defects, under normal use in compliance with
CSI4GINTERNET'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
CSI4GINTERNET's policies or other instructions
provided by CSI4GINTERNET, actual or
attempted alteration of or additions to the Equipment not approved
by CSI4GINTERNET, or any other cause
beyond the reasonable control of
CSI4GINTERNET, all as determined by
CSI4GINTERNET (collectively, "Excluded
Causes"). Repair or replacement, in
CSI4GINTERNET's discretion, of the Equipment and
performance of the installation is
CSI4GINTERNET'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.
10. Support
You may elect to use the troubleshooting guides
and user information provided by CSI4GINTERNET
or available at: www.csi4ginternet.com
prior to contacting CSI4GINTERNET
Customer Service for assistance. In the event that you
request a service call to your Service location and
CSI4GINTERNET determines that the problem is
your responsibility, you authorize
CSI4GINTERNET to charge your Card or bank
account or require you to otherwise pay for the cost of the service
call.
11. Credits
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 CSI4GINTERNET 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 CSI4GINTERNET's
Acceptable Use Policy, which may be amended from time to
time.
CSI4GINTERNET 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 CSI4GINTERNET, its host
network provider or any content providers or other third party.
Neither CSI4GINTERNET 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.
CSI4GINTERNET 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.
14. Privacy
CSI4GINTERNET's Privacy Policy
describes how CSI4GINTERNET may collect
and use your personally identifiable and other
information.
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
CSI4GINTERNETor located on
CSI4GINTERNET's website (collectively
"Information"); and all names, service marks, trademarks, trade
names, logos and domain names (collectively "Marks") of
CSI4GINTERNET are and will remain the sole
property of CSI4GINTERNET 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 restore
software or data generated or provided subsequently by
CSI4GINTERNET or its host network provider.
Software is licensed, not sold, to you by
CSI4GINTERNET 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 with 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
CSI4GINTERNET. 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 CSI4GINTERNET in writing) to do so.
You agree not to make any modifications or alterations to
Equipment without CSI4GINTERNET's prior
written approval.
17. Theft of the Service or Rented
Equipment
You must notify
CSI4GINTERNET immediately, in writing or by
calling CSI4GINTERNET 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.
19. Termination/Discontinuance of
Service
CSI4GINTERNET 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 CSI4GINTERNET 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.
20. Disclaimer of Representations and
Warranties
THE ONLY WARRANTIES BEING MADE BY
CSI4GINTERNET WITH REGARD TO THE SERVICE AND
EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9
OF THIS AGREEMENT. THE CSI4GINTERNET
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 CSI4GINTERNET
EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL
PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND
BY ANY CSI4GINTERNET PARTIES.
CSI4GINTERNETDOES NOT AUTHORIZE ANYONE TO MAKE A
WARRANTY OF ANY KIND ON
CSI4GINTERNETBEHALF 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.
21. Limitation of Liability
(A) IN NO EVENT SHALL ANY OF THE
CSI4GINTERNET 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
CSI4GINTERNET 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 CSI4GINTERNET'S REASONABLE
CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS
SECTION SHALL APPLY WHETHER OR NOT
CSI4GINTERNET 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
CSI4GINTERNET, OR CLAIM AGAINST
CSI4GINTERNET, 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.
22. Complaint Resolution/Notices
All complaints must be sent to
CSI4GINTERNET Customer Service at the address
set forth at www.csi4ginternet.com
or by calling (217) 342-6000
CSI4GINTERNET may require you to describe the
complaint in writing. Written notices to you from
CSI4GINTERNET 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 CSI4GINTERNET's files, or (iii)
the date of delivery or rejection when sent by a nationally
recognized courier. You are responsible for notifying
CSI4GINTERNET of any changes in your email
and/or mailing address. Written notice to
CSI4GINTERNET will be effective when directed
to CSI4GINTERNET's Customer Service
Department and received at the address set forth at www.csi4ginternet.com
. 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 CSI4GINTERNET,
including account statements, account status, payment and billing
information, and changes to terms of service, will be sent
by CSI4GINTERNET electronically to the
last email address provided by you.
23. Indemnification
You will defend, indemnify, and hold
harmless CSI4GINTERNET 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
"CSI4GINTERNET 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
CSI4GINTERNET 's installation of Equipment,
including, but not limited to, claims by any owner of the Service
location. You also agree to reimburse the
CSI4GINTERNET Parties and pay
each CSI4GINTERNET 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.
24. 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 CSI4GINTERNET. Any
such assignment without consent will be void. The Company may
assign this Agreement, in whole or in part, without your
consent.
25. 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
CSI4GINTERNET 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 CSI4GINTERNET , this Agreement will
control, unless CSI4GINTERNET has
expressly stated or agreed otherwise. In the event that a court of
competent jurisdiction determines, in a final non-appealable
judgment, 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
26. 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
CSI4GINTERNET 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 JUDGMENT 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 CSI4GINTERNET
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 CSI4GINTERNET
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
CSI4GINTERNET FROM SEEKING CONSERVATORY,
PROTECTIVE OR INJUNCTIVE 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.
VISITOR
POLICY
Introduction
Welcome to the CSI4GINTERNET
web site. This web site is a service of
CSI4GINTERNET and its affiliates
("CSI4GINTERNET"). By using this web
site, 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 CSI4GINTERNET web site. Each time
you use this web site in the future, you agree to the terms of the
Visitor Agreement as it exists at the time of your use.
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 CSI4GINTERNET 's written
permission. CSI4GINTERNET 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 web site in any way that,
as determined by CSI4GINTERNET 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 web site. You shall not post on or transmit through this
web site 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 CSI4GINTERNET shall
determine in its sole discretion whether you have violated the
foregoing restriction.
Any conduct, communication, or content that, in
the sole discretion of CSI4GINTERNET'S
(i) violates applicable law, or (ii) is harmful or objectionable to
individual users or to CSI4GINTERNET, or
(iii) infringes any rights of CSI4GINTERNET
or any third party, is prohibited. We cannot ensure
prompt removal of questionable content after online posting,
however. CSI4GINTERNET and its
representatives do not assume liability for any action or inaction
with respect to conduct, communication, or content on this web
site.
Purchase of Service
All purchases and use of services or products
through the CSI4GINTERNET web site are
governed by our CSI4GINTERNET 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 CSI4GINTERNET
services and products, you can visit our web site.
No Guarantee of Reliability or
Security
We try to provide accurate information through
our web site, but we do not guarantee, and are not responsible for,
information you find on our web site.
CSI4GINTERNET does not endorse any particular
third parties, or their sites, merely because we provide a link to
their web site.
CSI4GINTERNET uses reasonable
precautions to protect the privacy of your personal information,
such as credit card and other ordering information, but
CSI4GINTERNET does not guaranty the security of
your information. CSI4GINTERNET 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
CSI4GINTERNET 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 CSI4GINTERNET at (217)
342-6000 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 CSI4GINTERNET web site, you may be
given an opportunity to register with
CSI4GINTERNET. 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.
CSI4GINTERNET 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 CSI4GINTERNET of any
known or suspected unauthorized use of your account.
Ownership of Information
"CSI4GINTERNET" and
our logo are trademarks of CSI4GINTERNET
and/or its affiliates. All other trademarks, product names,
and company names and logos appearing on this web site 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 CSI4GINTERNET the
information, data, software, photographs, graphs, videos, graphics,
music, sounds, page headers, custom graphics, button icons, and
other materials contained in this web site (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 web site 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.
Content Submissions
Certain portions of this web site may allow you
to post or upload comments, messages, materials, information, or
other content (collectively, "User Generated Content").
CSI4GINTERNET has no obligation to review User
Generated Content posted and/or submitted by any persons accessing
this web site. CSI4GINTERNET 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 web
site. You acknowledge that by providing you with the ability to
access and view User Generated Content on this web site,
CSI4GINTERNET 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 web site. 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
CSI4GINTERNET.
You acknowledge and agree that
CSI4GINTERNET has the absolute right, but not
the obligation, to monitor User Generated Content posted to this
web site in its sole discretion. In addition,
CSI4GINTERNET .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
CSI4GINTERNET. does not have any obligation to
use or respond to any User Generated Content.
You may not post or otherwise distribute User
Generated Content to this web site which
CSI4GINTERNET in its sole discretion determines
to be abusive, harassing, threatening, defamatory, obscene, an
impersonation of others, fraudulent, deceptive, misleading, in
violation of a copyright, trademark or other intellectual property
right of another, invasive of privacy or publicity rights, in
violation of any of CSI4GINTERNET's other
rights, illegal, or otherwise objectionable to
CSI4GINTERNET. You may not upload commercial
content on this web site or use this web site to solicit others to
join or become members of any other commercial online service or
other organization. You may be required to register and/or agree to
additional terms of use prior to being permitted to post or
otherwise distribute User Generated Content to this web site. You
shall indemnify and hold CSI4GINTERNET
harmless with respect to all claims resulting from User
Generated Content you supply.
Your User Generated Content is not confidential
or proprietary. When you post User Generated Content to this web
site, you authorize CSI4GINTERNET to make
such copies thereof as it deems necessary in order to facilitate
the posting and storage of the User Generated Content on this web
site. You grant to CSI4GINTERNET 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 commercialize the User
Generated Content without any compensation due to you.
CSI4GINTERNET does not assert any ownership over
your User Generated Content; rather, as between
CSI4GINTERNET and you, subject to the rights
granted to CSI4GINTERNET 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 CSI4GINTERNET in writing of any
objectionable content appearing on this web site.
CSI4GINTERNET 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.
No Warranties
THE INFORMATION PROVIDED AT OR THROUGH THIS WEB
SITE 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 [Company] 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 WEB SITE 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 web site 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 CSI4GINTERNET. You are
responsible for implementing sufficient procedures to satisfy your
particular requirements for the accuracy of information obtained
through this web site. Although CSI4GINTERNET
employs security measures, CSI4GINTERNET
cannot guarantee the security of this web site or information
provided through this web site, or viruses, worms, Trojan horses or
other code that manifests contaminating or destructive properties
will be detected or remediated by
CSI4GINTERNET.
Limitations on CSI4GINTERNET Liability;
Indemnification
NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR
AGREEMENT, NEITHER [Company] 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 CSI4GINTERNET was informed of the
likelihood of any particular type of damages. If you are
dissatisfied with this web site, or if you have any other dispute
with CSI4GINTERNET relating to this web
site, then your sole and exclusive remedy is to discontinue using
this web site. 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 CSI4GINTERNET
shall be limited to the greatest extent permitted by law.
You will defend, indemnify, and hold
harmless CSI4GINTERNET against any and
all claims, losses, damages, and liabilities arising from or in
connection with the use or misuse of this web site. This
section of the Visitor Agreement shall survive its termination for
any reason.
Miscellaneous
This Visitor Agreement has been made in and will
be construed in accordance with the laws of the State of Minnesota.
By using the CSI4GINTERNET 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 web site. Any cause of
action or claim you believe you may have with respect to the web
site or any CSI4GINTERNET 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
web site, shall suspend or terminate your obligations under this
Visitor Agreement.
© 2015 CSI4GINTERNET. All rights
reserved.