Terms of Service

Updated/Effective: January, 18, 2021

THIS TERMS OF SERVICE AGREEMENT (“TERMS OF SERVICE”), IN CONJUNCTION WITH OUR PRIVACY POLICY, OPEN INTERNET POLICY, WEBSITE & GENERAL SERVICES TERMS OF USE AGREEMENT, DMCA COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS, AND ADDITIONAL TERMS (TERMS AND CONDITIONS THAT WILL GOVERN A NEW SERVICE OFFERING) IS A LEGAL AGREEMENT BETWEEN YOU AND PATHFINDERS USA INC DBA PERFORMANCE COMPUTING LOCATED AT 332 S BRIDGE STREET, WINNEMUCCA, NV, 89445 (HEREIN REFERRED TO AS “COMPANY”, “WE”. “OUR”, AND/OR “US”). AS USED HEREIN, “YOU”, “YOUR”, OR “SUBSCRIBER” MEANS EITHER AN INDIVIDUAL OR COMMERCIAL SUBSCRIBER, AS DETAILED BELOW.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF SERVICE REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO SUBSCRIBERS IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES DESCRIBED HEREIN.

These Terms of Service apply to the Company’s provision of Internet Access Service (“IAS”), and traditional wireline, data, or voice over IP (“VoIP”) services (collectively, “Services”) to both our Individual Subscribers and Commercial Subscribers:

An Individual Subscriber refers to the person whose name appears on the account; and
A Commercial Subscriber includes commercial, non-commercial, governmental, educational or institutional entities, or other non-residential entities.

WHEREAS, Subscriber desires to pay Company for our Services on the terms and conditions contained in these Terms of Service, with sufficient and adequate consideration from both parties, it is mutually agreed as follows:

THEREFORE, by using the Services, Subscribers agree to be bound by the terms and conditions of service in these Terms of Service and all documents incorporated by reference herein, including without limitation any appendix and exhibit, Company’s Privacy Policy, Open Internet Policy, Website & General Services Terms of Use Agreement and DMCA Copyright Infringement Notification Process, and Additional Terms (terms and conditions that will govern a new service offering) (collectively, “Service Agreements”) as each may be amended from time to time. If there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms shall govern.

Company regularly updates and amends these Terms of Service, and the Service Agreements. Company will communicate any such updates or amendments to the Subscriber in accordance with Section 18(h) herein. Subscriber may obtain, at no charge, a copy of the current Terms of Service or any documents incorporated by reference herein by visiting Company’s website or by contacting Company.

General Overview
1. The Subscriber represents and warrants that he/she is the Subscriber, that he/she is of legal age to form a binding contract with Company in his/her state of residence and meet all of the foregoing eligibility requirements, and, with respect to Commercial Subscribers, the individual accepting these Terms of Service represents and warrants he/she has legal authority to accept these binding Terms of Service on behalf of the Subscriber.
2. Your use of the Services indicates that you have read, understood, and agree to follow and be bound by the terms and conditions of these Terms of Service. If you do not meet all of these requirements, you must not apply for the Services.
WeCare Plan
1. Subscriber understands, acknowledges, and agrees that our WeCare Plan is included, by default, in your Internet Access Service and that you may opt-out of the WeCare Plan any time by calling our office at PHONE or sending an email to EMAIL with an opt-out request. Any Subscriber that chooses to opt out will be unsubscribed from WeCare for the subsequent billing cycle. WeCare includes the following benefits to Subscribers:
  1. Two (2) service calls per year at NO COST to the Subscriber for repair or replacement of equipment due to Subscriber action; this includes, but is not limited to:
    1. Weather or accidental cable damage
    2. Weather or accidental damage to radio
    3. Loss of alignment of radio due to Subscriber action
  2. Router support, configuration, and troubleshooting
  3. Cable moves and repairs at NO COST to the Subscriber; i.e. anytime a Subscriber wishes to relocate their equipment in the home and the associated relocation of cabling
  4. Free equipment upgrades when available
Term
1. The initial term of any residential or commercial IAS plan is month-to-month (“Initial Term”).
2. The Initial Term for other services, such as vDSL, Fiber, or other internet services is determined on a case by case basis and will be communicated in advance to Subscriber prior to start of Initial Term
3. The term for any other service contracted at the same time as IAS, such as VoIP, Commercial WiFi, or Video shall match the initial term for IAS.
4. The effective date of the Initial Term is the date installation is completed (“Installation Date”).
Security Deposit, Installation, Installation Fees, and Payments
1. All invoices are due and payable in full upon receipt. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of these Terms of Service. In the event Subscriber’s account becomes past due, Subscriber agrees to pay all costs reasonably incurred by Company, its agents, representatives, and Affiliates in collecting monies due on Subscriber’s account. “Affiliate” means an entity that controls, is controlled by or is under common control with Company.
2. Subscriber authorizes Company to seek and acquire credit and related Subscriber information from reporting agencies furnishing such information for the purpose of ascertaining Subscriber’s credit and payment history. Company will use the information acquired about Subscriber’s credit history from others and to utilize such information in its decision regarding its provision of the Service to Subscriber. Subscriber understands, acknowledges and agrees that if, in the sole discretion of Company, Subscriber’s credit and/or financial information prove unsatisfactory at any time while Company is providing service to the Subscriber, the Services may be terminated.
3. Security Deposit. Company reserves the right to require a security deposit (“Security Deposit”) prior to the installation of Services and/or terminate these Terms of Service if no Security Deposit is received by Company in a timely manner.
4. Installation. Subscriber acknowledges and agrees that:
  1. Subscriber is the owner of property where Service is being installed and provided, or has permission from the property owner to have Service installed at the property
  2. The method of installation has been explained to Subscriber and Subscriber understands how and where the work will be performed.
  3. Subscriber authorizes all installation labor, including, but not limited to, drilling of holes for wiring, routing of cables, dish location and any additional alterations to the property in order for Services to be provided.
  4. Subscriber may be charged an amount more than quoted initially by the Company for any work above and beyond that contemplated in such initial quote that is requested by Subscriber. .
5. Installation Fees. Company will charge a fee to install the Services for both Residential and Commercial Subscribers. Subscriber understands, acknowledges and agrees that the Installation Fee will vary based on the location of the Subscriber, and complexity of the work necessary to connect the Subscriber to Company’s Services. The amount of the Installation Fee will be set forth in the Customer Quote.
6. Initial Payment. At the time of installation of Company’s IAS, Subscriber is required to pay the “Installation Fee,” the “First Month Payment,” and any Additional Service Fees, as set forth in the Customer Quote. The First Month Payment is the “Monthly Service Fee” set forth in Customer Quote, for a full month of IAS regardless of where the “Installation Date” falls in the calendar month. Together, the Installation Fee, First Month Payment, and any Additional Service Fees constitute the “Initial Payment.” Subscriber agrees that the Initial Payment is to be paid in consideration of Company’s making the IAS available on the terms and conditions set forth in these Terms of Service, that Company has earned the Initial Payment in full and that the Initial Payment is refundable only if the IAS is not working within seven (7) days of the Installation Date.
7. Monthly Fees. After the Initial Payment, Subscriber agrees to pay the applicable “Monthly Service Fee,” and any other recurring monthly fee(s) (collectively the “Monthly Fees”) on or before the first day of Subscriber’s “Monthly Billing Cycle.” Subscriber’s Monthly Billing Cycle begins on the Installation Date. Subscriber understands, acknowledges and agrees that the Monthly Service Fee is subject to change from time to time, subject to advance notice by Company.
8. Monthly Payment. Subscriber bears the sole responsibility to timely pay Monthly Fees when due. Invoices will be sent via email to the Subscriber’s email address, unless elected to be sent via physical mail (per subsection (i) below). Advertised prices may include a discount for Subscribers enrolled in automatic payments (“Autopay”).
9. Paper Invoice. Subscriber may also choose to receive the monthly invoice via postal mail for a $3.00 U.S. monthly fee (“Paper Invoice Fee”). Subscriber may request a waiver of the Paper Invoice Fee, with the approval of such waiver being at Company’s sole, reasonable discretion.
10. Valid Contact Information. It is Subscriber’s sole responsibility to have a valid email address on file with Company at all times. On-line billing is available through a portal available on Company’s website.
11. Payment Methods. Subscribers may pay invoices with cash, check, credit card or debit card (American Express, Master Card, Discover or Visa), or ACH (Automated Clearing House; direct withdrawal from checking or savings account) only.
12. Past Due. If any payments owed to Company by Subscriber are past due by more than thirty (30) days on any account and/or for any Services, Company may deduct the amounts owed from any existing credit Subscriber has or any security deposit provided or, if applicable, charge them to the bank or payment card account Subscriber has authorized Company to use.
13. Returned ACH or Check Transactions. Additionally, Subscriber will automatically be charged a twenty five dollar ($25.00 U.S.) fee for any check or ACH payment returned for non-payment or insufficient funds, “ACH Non-Payment Fee.” Company shall not be obligated to provide the Service during Monthly Billing Cycles for which Subscriber has not paid the applicable Monthly Fees in advance. If at any time Subscriber’s account has past due amounts or upon Subscriber’s violation of these Terms of Service (including any documents incorporated by reference herein), Company may, in Company’s sole and absolute discretion, suspend and/or terminate the provision of the Services to Subscriber.
14. Subscriber understands, acknowledges and agrees that Company is not required to provide notice before suspending or disabling the Services and/or terminating the Subscriber’s account pursuant to these Terms of Service, and Company will not be liable to Subscriber or any Authorized User (defined below) for any such suspension, disabling or termination or any damages that may result therefrom. In order to restore the Services after a disconnection when equipment is still present at the service location, Subscriber agrees to pay the applicable “In Office Reactivation Fee” of $25.00 U.S. In order to restore Services after a disconnection and equipment is no longer present at the service location, Subscriber agrees to pay the applicable “Installation Fee”, the amount of which shall be at Company’s sole discretion.
15. Subscriber also agrees to pay all applicable federal, state, and local taxes and fees, including without limitation those imposed after the effective date of these Terms of Service
Equipment and Requirements for Service
1. Subscriber Equipment: To use the Service, Subscriber must have a personal computer(s) or other device(s) and other equipment necessary to connect to the Service. Although Company is under no obligation to do so, Company may, and Subscriber authorizes Company to, perform any updates and/or changes to Subscriber’s equipment, on-site or remotely, from time to time as Company deems necessary, in Company’s sole discretion. Subscriber will direct any questions concerning third-party hardware or software to the manufacturer. Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elect to use in connection with the Services.
  1. As set forth below and in the Open Internet Policy, Subscriber is not permitted to connect any harmful equipment to the Company Equipment (as defined below). Subscriber understands that failure to comply with this restriction may cause damage to the Company Networks and subject Subscriber to liability for damages and/or other liability.
  2. Subscriber agrees to not alter, modify or tamper with the Company Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by Company.
  3. Subscriber understands, acknowledges and agrees that Company shall not be liable to Subscriber or any authorized user if changes in Company’s facilities, operations, or Services rendered obsolete any equipment provided by the Subscriber or Authorized User (as defined below in Section 12), require modification or alteration of such equipment, or otherwise affected the performance of such equipment.
2. Company Equipment: Subscriber understands, acknowledges and agrees that the equipment provided by Company to supply Subscriber Services is equipment owned by Company (“Company Equipment”) and agrees that the Company Equipment may, at Company’s sole discretion, be refurbished or otherwise used equipment. Subscriber certifies that the Company Equipment was installed at a location and in a manner authorized by Subscriber. Company Equipment is and shall remain the property of Company, and Subscriber shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Company Equipment to the Subscriber’s premises or otherwise. Subscriber and Company expressly understand, acknowledge and agree that the Company Equipment is not and shall not be considered a fixture to Subscriber’s premises. At such time as Subscriber or Company terminate the Service, Company may recover equipment within fifteen (15) calendar days,or otherwise in accordance with Company’s then-current return procedures, and/or as determined by Company in its sole discretion.
  1. Company Equipment Replacement Fee: In the event that Company is unable to recover Company Equipment as described in 5.b above, or in the event that the Company Equipment is damaged, destroyed, lost or stolen in Subscriber’s possession or otherwise inoperable, Subscriber will pay an applicable “Equipment Replacement Fee” as determined by Company in its sole discretion. Company Equipment for Internet Access Service includes but is not limited to wireless radio(s), wireless router(s), modem(s), wired Ethernet hardware, cabling, and point-to-point links.
3. Access to Subscriber’s Premises: Subscriber hereby grants Company and its Affiliates, and their respective employees, contractors and agents the right to enter Subscriber’s property and premises at any time for the purpose of operating or maintaining the Company Equipment or Company’s network of various computers, servers, transmission equipment and other infrastructure in various states (collectively, the “Company Networks”), retrieving Company Equipment, or fulfilling its obligations or exercising its rights under these Terms of Service. Company shall provide Subscriber with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Company, an emergency or other exigent circumstance exists that would require Company to immediately enter Subscriber’s property and premises.
Company’s Obligations
1. Service Level Agreement: In the event Subscriber experiences a service outage for more than twenty four (24) consecutive hours and is unable to transmit and receive information through the Company Networks to other portions of the Internet and Subscriber notifies Company within 24 hours of such event and Company determines that such inability was caused by Company’s failure to provide said services for reasons within Company’s reasonable control and not as a result of any actions or inactions of Subscribers or any third parties (including failure of third party equipment), and such inability is not a result of scheduled maintenance of Company’s equipment or services, Company will, upon Subscriber’s request, credit Subscriber’s account the connectivity charges for the length of the outage. Subscriber credit pursuant to this Section 6(a) may not exceed the Monthly Service Fee in any single calendar month.
2. Company may use various tools and techniques in order to efficiently and reasonably manage the Company Networks and to ensure compliance with Company’s Open Internet Policy (such tools and techniques, “Network Management Tools”). These may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code or managing network resources through techniques such as limiting the number of simultaneous peer-to-peer sessions that Subscriber may conduct, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other Network Management Tools as Company may from time to time determine appropriate.
3. Despite Company’s efforts, it is possible that a price for the Services (or a component of the Services) offered on Company’s website, or the description of a Service may be inaccurate in some part. In the event Company determines that a Service contains an inaccurate price or description, Company reserves the right to take any action Company deems reasonable and necessary, in Company’s sole discretion, to rectify the error, including without limitation, canceling Subscriber’s order, unless prohibited by law. Company may make improvements or changes to any of Company’s information, or Services described on Company’s website at any time without notice. Subscriber agrees to notify Company immediately if Subscriber becomes aware of any pricing or descriptive errors or inconsistencies with any Services Subscriber order and to comply with any corrective action that Company may take.
Subscriber’s Obligations
1. Subscriber agrees that the Service is personal to Subscriber and agrees not to assign, transfer, resell or sublicense Subscriber’s rights under these Terms of Service unless specifically permitted by the terms of these Terms of Service.
  1. For Individual Subscribers, Subscriber agrees that the Services and the Company Equipment shall be used only by Subscriber and by members of Subscriber’s immediate household living with Subscriber at the same service address, and Subscriber will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.
  2. For Commercial Subscribers, Subscriber agrees that the Service and the Company Equipment shall be used only by Subscriber and by authorized members of Subscriber’s business located at the same address, and Subscriber will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.
2. Subscriber acknowledges that Subscriber is entering into these Terms of Services on behalf of all persons who use the Service by means of the Company Equipment. Subscriber agrees that Subscriber is solely responsible and liable for any and all breaches of the terms and conditions of these Terms of Service and any other documents incorporated by reference in these Terms of Service, whether such breach results from Subscriber’s use of the Service or by another using Subscriber’s equipment or the Company Equipment.
3. Maintain Power to Company Equipment: Subscriber understands, acknowledges and agrees that: (i) Subscriber must provide electrical power to Company Equipment at all times (including, without limitation, when Subscriber is not using the Service), and (ii) Subscriber’s failure to provide such power and continuous connection may result in damage to the Company Equipment or to Subscriber’s computer, equipment, property or premises, for which damage Subscriber will be solely responsible.
4. Use of Company Equipment: Subscriber agrees that Subscriber is responsible for anyone using the Company Equipment, Subscriber’s computer system, password, name or Subscriber name in connection with the Service (with or without Subscriber’s knowledge or consent) and for ensuring that anyone who uses the Service through the Company Equipment, Subscriber’s equipment or access to the Service, does so in accordance with the terms and conditions of these Terms of Service. Subscriber agrees to take all reasonable measures necessary to ensure that the Service is not used by another person without Subscriber’s consent. Subscriber understands, acknowledges and agrees that Subscriber is responsible for all use of the Service and Subscriber’s account whether Subscriber or someone else uses Subscriber’s account (with or without Subscriber’s permission).
5. Subscriber is responsible for procuring and installing patches, any and all anti-virus and firewall software/hardware and operating system patches, updates or supplements that may be necessary for (i) the protection and maximum functionality of Subscriber’s computer and related equipment and (ii) the protection of the Company Networks and other Subscribers. For purposes of clarification, Company and its Affiliates hereby disclaim any and all responsibility and liability for any damages that may arise from Subscriber’s failure to procure or install the aforementioned security or other software and/or hardware and Subscriber agree that Company and its Affiliates shall have no liability for Subscriber’s failure to do the same.
6. Subscriber may not resell the Service in whole or in part to any third party, unless the Subscriber has entered into a reseller agreement with Company. Subscribers further agree that they will not, directly or indirectly, use Company Services in whole or in part to provide any form of service generally associated with an Internet service provider, or otherwise be in competition with Company.
7. Subscriber is responsible for backing up the data on Subscriber’s computer(s) and network(s) and Company shall have no liability whatsoever for any loss of data.
8. Subscriber shall acquire no proprietary interest in the Internet Protocol (“IP”) address(es) assigned by Company for Subscriber’s use.

1. Subscriber is responsible for any loss arising out of the theft, lightning, flood or any damages to equipment in Subscriber’s possession provided by Company.

Subscriber’s Representations and Warranties
1. Subscriber represents and warrants that the Subscriber’s personally identifiable information provided and will provide to Company during the term of these Terms of Service, including without limitation Subscriber’s legal name, email address for communications with Company (such email address, as the same may be modified from time to time by Subscriber upon notice to Company), service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Subscriber Information”) for purpose of these Terms of Service is accurate, complete and current.
2. Subscriber agrees to promptly notify Company, in accordance with these Terms of Service, upon the occurrence of any change in the status of Subscriber’s account (including, without limitation, the creation or removal of an Authorized User) or if there is any change in the Subscriber Information. Subscriber understands, acknowledges and agrees that failure to provide and maintain accurate Subscriber Information with Company constitutes a breach of these Terms of Service.
3. Subscriber further represents and warrants that Subscriber will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any local, state or federal statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company or its Affiliates; (v) accesses, discloses, uses, or disposes of any “Personal Information” as defined by the Federal Trade Commission without proper authorization or impersonates any person or entity, including without limitation, any employee or representative of Company or its Affiliates; or (vi) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.
4. Subscriber further represents and warrants that there are no legal, contractual or similar restrictions on the installation of the Company Equipment in the location(s) and in the manner authorized by Subscriber. Subscriber is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Company Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Company Equipment and/or provision of the Service (collectively, “Legal Requirements”). Subscriber is solely responsible for any fines or similar charges for violation of any applicable Legal Requirements.
Terms and Conditions for Subscriber Material
1. Company reserves the right to investigate suspected violations of these Terms of Service, and if/when Company becomes aware of possible violations, Company may initiate an investigation that may include gathering information from Subscriber(s) involved and the complaining party, if any, and examination of anything installed by Subscriber on Company’s servers not provided by Company (collectively, “Subscriber Material”). Subscriber Material includes without limitation any software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content.
2. During an investigation, Company may suspend the Subscriber account(s) involved. After the investigation, if Company believes a violation of these Terms of Service has occurred, it may take responsive action at its sole discretion. Such action may include without limitation temporary or permanent removal of Subscriber Material from Company’s servers, warnings to Subscriber(s) responsible, and the suspension or termination of the account(s) responsible. Company, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms of Service could also subject the Subscriber to criminal and/or civil liability.
3. Lawful content in the public domain (e.g., images, video, audio, text, data, and programs) may be downloaded or uploaded using the Service. Subscriber may re-distribute content in the public domain. Subscriber assumes sole responsibility, andall risks, regarding the determination of whether content is in the public domain.
4. The storage, distribution, or transmission of unlawful content or material could subject Subscriber to criminal and/or civil liability, in addition to the actions outlined in Section 4(i) above. Subscriber understands, acknowledges and agrees that Company may remove any Subscriber Material or other content at any time that is alleged to infringe on a third party’s copyrights upon receiving a notice of infringement under the Digital Millennium Copyright Act. Please see the Company Website & General Services Terms of Use Agreement and DMCA Copyright Infringement Notification Process for details.
5. Subscriber understands, acknowledges and agrees that if Subscriber’s Service is terminated for any reason, Company has the right to immediately delete all Subscriber Material, stored in or for Subscriber’s account, including without limitation personal websites and email, without further notice to Subscriber.
Acceptable Use Policy
1. “Acceptable Use” of Company’s IAS is hereby defined as the normal activities associated with the use of the Internet, including without limitation to usage of the Company Networks and any other facilities for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. Depending on the account type, this may include: File storage on Company’s servers for Subscriber’s own personal web page and file access area (FTP), etc.
2. Activities specifically prohibited by Company include, without limitation, the following:
  1. Background and/or server-type applications – Including without limitation to IRC bots, HTTP servers, MUDs, and any other harmful process which were initiated by the Subscriber that continues execution on the system upon Subscriber logout. FCC authorized smart home systems and IoT devices are excluded from this prohibition.
  2. Long-term storage of data – Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes, without limitation, programs such as shareware programs which the Subscriber may download to their account for purposes of transferring to their home/business computer(s)/device(s). Such programs should be removed at such time as they are successfully transferred to the Subscriber’s own system(s).
  3. Flooding or abuse of other users – Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly by Company. Flooding takes place in numerous ways, including, without limitation, ICMP flooding, mail bombing (sending large amounts of email repeatedly to a person for purposes of harassment), phishing, mass mailings to multiple addresses via bulk email not in compliance with the federal CAN-SPAM Act, MSG/CTCP flooding on IRC, as well as other, less common methods. “Bulk Email” is defined as the same or similar email messages sent to more than twenty-five (25) recipients.
  4. Attempts to compromise system and/or network security – Programs such as packet sniffers, password crack programs, and similar utilities found to be running from Subscriber’s account are prohibited. This also includes attempts to hack into non-Company systems.
  5. Sharing of accounts – Sharing Subscriber’s IAS with another party for purposes of avoiding payment for a second Service is strictly prohibited. Subscriber may connect multiple computers/devices within a single location to Subscriber’s modem, router, and/or radio to access the Internet Service, but only through a single Company-issued IP Address.
  6. PPP/SLIP emulation software – Since PPP/SLIP is a product offered by Company, Subscribers desiring such access are required to sign up for that service rather than attempting to emulate it by software. Any such software will be removed from Subscriber’s account by Company immediately when found.Bulk broadcast data – This includes flood pinging, broadcast pinging, multicast, or IGMP use outside of the private network.
  7. Port scanning – Use of any application, software, or technique to scan any host’s ports.
  8. Conducting business through a residential account – The residential single-Subscriber Internet accounts provided by Company are designed for the home/casual Subscriber and may not provide the level of service, capacity or speed required for conducting business. Therefore, conducting business with a residential account is not advisable. Please contact a Company customer service representative to upgrade to a commercial account.
  9. Excessive use of system resources – This includes without limitation the continued use of programs or commands which take a large amount of system resources, be that processor time, memory, network bandwidth, and/or drive space on the host system. Subscriber may not resell or redistribute Service.
  10. Email abuse – Email abuse typically comes in one of three forms, the transfer of a message to unsolicited individuals not in compliance with the CAN-SPAM Act, the sending of harassing and/or threatening messages to other users, and the forging of email addresses so as to make the email appear to be from another user.
  11. USENET news abuse – Similar to email abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple newsgroups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.
  12. Pyramid/money-making schemes – Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.
  13. Pirated software – Pirated software is defined as the illegal exchange of software for purpose of avoiding the purchase of said software by the individuals involved. Such activities are prohibited by Federal law and are thus not allowed in any form on Company. Such prohibition also includes the unauthorized copying of copyrighted material including, without limitation to digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.
  14. High-traffic websites – Residential Internet service is intended to provide access to individuals only. As most individuals primarily download content, rather than upload it, the performance for everybody on the systems is optimal. However, some individuals occasionally choose to host content on their account that could degrade performance for other users. Due to such circumstances, Company may have to implement certain limitations on the amount of web hosting traffic an individual Subscriber’s residential account can receive.
  15. Storing Distributing or Transmitting unlawful content– Subscriber is prohibited from storing, distributing, or transmitting any unlawful content through the Service. Examples of unlawful content include without limitation direct threats of physical harm, child pornography and copyrighted, trademarked and other proprietary material used without proper authorization. Subscriber may not post, upload or otherwise distribute copyrighted content without the consent of the copyright holder.
  16. Storing Distributing or Transmitting other unlawful material – Subscriber may not store or distribute certain other types of material on Company’s servers. Examples of other prohibited material include without limitation software, applications and programs containing viruses, Trojans and other tools or technology that would compromise the security of Company or others.
Privacy Policy
1. Company has established a Privacy Policy (“Privacy Policy”), which governs Company’s collection, use, disclosure, and security related to Subscriber’s Personal Information, Non-Personal Information, and for VoIP services, customer proprietary network Information (“CPNI”) (collectively, “Subscriber Information”). Subscriber understands, acknowledges and agrees that Subscriber has: (1) received a copy of the then-in-effect Privacy Policy; and (2) agrees to be bound by the terms and conditions of such Privacy PolicySubject to the notice provisions in Section 18(h) herein, Company may update or amend the Privacy Policy at any time without Subscriber’s prior consent. Company will, however, provide notice of any such changes or amendments as stated in Company Privacy Policy. Subscriber understands, acknowledges and agrees that Subscriber’s continued use of the Services after notice of any changes or amendments have been provided will indicate Subscriber’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into these Terms of Service.
Subscriber Security and Passwords
1. Company may require that Subscriber use a username and password combination or other reasonable procedures to verify and authenticate Subscriber’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through Company authorized Subscriber service channels. Individual and Commercial Subscribers may also choose to designate an authorized user of Subscriber’s account (an “Authorized User”), who will be permitted to access Subscriber’s account information and make certain changes to Subscriber’s account (authorization must be provided in writing; email OK). All Subscribers will be solely liable for any and all action or inaction by any person that has access to Subscriber’s account, whether that person was authorized or not.
2. Individual Subscriber accounts are for individual and personal use only; Commercial Subscriber accounts are for authorized personnel only. Individual Subscribers shall not share passwords or accounts with others. Commercial Subscribers shall only provide passwords to authorized personnel.
3. Company shall provide or obtain passwords to protect Subscriber’s account and Services. In the event that the security of a Subscriber’s account or Service is compromised, Company shall provide Subscriber with a new password upon authentication of the Subscriber’s identity. Such authentication may include verification of account information, a security question, and/or PIN.
4. Company may monitor the security of Subscriber’s passwords at any time. A Subscriber with an insecure password may be directed to change the password to one that complies with the above rules. Subscribers who repeatedly choose insecure passwords may be assigned a password by Company. Continued failure to maintain password security may be grounds for account termination.
5. Subscriber is solely responsible for maintaining the security of Subscriber’s computer(s)/device(s) and data and protection of Subscriber’s Information User ID, password, account number and other data. Company strongly recommends the use and appropriate updating of commercial anti-virus, anti-spyware, firewall software, and encryption of data, to the extent feasible.
6. Subscriber is prohibited from utilizing the Services to compromise the security or tamper with the Company Networks, resources or accounts on any of Company’s computers, routers, switches, servers, radios, modems, or any other equipment at Company or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include without limitation password guessing programs, cracking tools, and network probing tools. Any attempt to access any of Company’s corporate assets is strictly prohibited.
7. Subscribers understand, acknowledge and agree that Company reserves the right to release the login names and IP Address(es) of Subscribers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. Company will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to applicable law.
Termination
1. Company reserves the right, in its sole discretion, to terminate your access to Services or any portion thereof at any time, without notice. Company reserves the right to suspend or terminate Subscriber’s account and access to the Services at any time upon receipt of claims or allegations from third parties or authorities, or if Company is concerned, in its sole discretion, that Subscriber may have breached these Terms of Service. Subscriber (and not Company, our Affiliates, or Operational Service Providers) remains solely responsible for Subscriber’s use of the Service and any material transmitted through the Service, and Subscriber warrants that Subscriber possesses all rights necessary to transmit such material. An Operational Service Provider is a third party owned company that provides or performs services on Company’s behalf, to help serve Subscribers better, or to perform functions in order to support Company’s Services and operations.
2. Subscriber’s Termination. IF SUBSCRIBER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, Company SHALL NOT BE REQUIRED TO REFUND SUBSCRIBER ANY PORTION OF THE MONTHLY FEES PAID BY SUBSCRIBER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW. IF SUBSCRIBER CANCELS WITH AT LEAST THIRTY (30) DAYS NOTICE (the “Notice Period”), COMPANY SHALL REFUND ANY PREPAID FEES PAID FOR SERVICE FOLLOWING THE NOTICE PERIOD.
  1. A Subscriber’s termination notice must be sent by Subscriber via email, fax, or U.S. postal mail to Company’s current address as set forth in Section 18(h) of these Terms of Service, completed through the customer portal on Company’s website, or by calling the main office line and speaking to a Company representative. Company may take reasonable steps to verify Subscriber’s identity and authority before effecting such termination. Upon termination, Subscriber agrees to pay any account balance in full and to return any Company Equipment within fifteen (15) days of such termination or pay the Equipment Replacement Price as required under Section 5.
  2. Subscriber agrees to return all Company Equipment installed for the Services upon cancellation or termination of the Services for any reason. Equipment not returned to Company within fifteen (15) days after effective date of termination will be billed at replacement rates as determined by Company. Company may terminate Subscriber’s Services in the event the Subscriber is in breach of any material term of these Terms of Service, including failure to pay any amount for service when due (in accordance with Section 4 above) This right to terminate shall be in addition to any other remedy set forth in these Terms of Service or the policies of Company.
  3. The Service and all Service features are subject to availability on an ongoing basis. Subscriber understands that Company may cease to offer the Services or any Service feature at any time, for any reason or no reason, and without notice to Subscriber. Without limiting the generality of the foregoing, Company may suspend, disconnect or terminate the Service at any time without prior notice if Company believes in its sole discretion that Subscriber is (A) past due, or has (B) threatened or harassed any Company employee, agent or contractor or (C) violated any other provision of these Terms of Service. In its reasonable discretion, Company may terminate the Service on thirty (30) days notice to Subscriber.
  4. In the event that Subscriber’s account is suspended, disconnected or terminated, no refund, including installation or other fees paid by Subscriber to Company, shall be granted. Moreover, Company shall not be responsible for the return of Subscriber’s data stored on Company’s servers, including web and email servers. Subscriber understands, acknowledges and agrees that Company has no obligation to visit Subscriber’s premises upon termination to reconfigure Subscriber’s computer(s) or for any other reason.
Disclaimer of Warranties
1. SUBSCRIBER EXPRESSLY AGREES THAT SUBSCRIBER USES THE SERVICES AND THE COMPANY EQUIPMENT AT SUBSCRIBER’S SOLE RISK. THE SERVICE AND COMPANY EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND EXCEPT TO THE LIMITED EXTENT SPECIFICALLY SET FORTH IN SECTION 3 HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER COMPANY, NOR ITS AFFILIATES, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND OPERATIONAL SERVICE PROVIDERS (COLLECTIVELY, “COMPANY-RELATED ENTITIES”), OUR THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANT: (i) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (ii) THAT THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS; (iii) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (vi) THAT ANY SUBSCRIBER INFORMATION, DATA OR FILES, OR SUBSCRIBER MATERIAL SUBSCRIBER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO SUBSCRIBER’S COMPUTER OR DEVICE. THIS INCLUDES, WITHOUT LIMITATION TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO SUBSCRIBER’S COMPUTER, DEVICE, OR NETWORK OR Company EQUIPMENT, OR TO MONITOR SUBSCRIBER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM Company SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
2. Additionally, Company may, in its sole discretion, make available to Subscriber security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, and anti-spyware or anti-adware software for Subscriber’s use on Subscriber’s computer system in conjunction with the Service. Any such security software provided by Company to Subscriber is intended to provide only a minimal level of protection to Subscriber’s computer system(s). SUBSCRIBER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE COMPANY-RELATED ENTITIES AND THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY AND COMPANY-RELATED ENTITIES, THIRD PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NON-PERFORMANCE.
3. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS OF SERVICE, SUBSCRIBER UNDERSTANDS AND AGREES THAT NEITHER COMPANY NOR THE COMPANY-RELATED ENTITIES GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE COMPANY NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF SUBSCRIBER’S CONNECTION TO THE COMPANY NETWORKS WILL BE AVAILABLE TO SUBSCRIBER. Subscriber understands, acknowledges and agrees that the availability and speed of the Service provided at Subscriber’s premises may vary depending upon a number of factors, including Subscriber’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Subscriber’s premises, foliage between Company Equipment and other components of the Company Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, geographic, atmospheric and other variable conditions beyond the control of Company and that its Services may be interconnected with the publicly switched telephones or with another carrier’s network.
4. Subscriber also understands, acknowledges and agrees that IAS require certain physical arrangements of Company facilities and are subject to the availability of such facilities. Company reserves the right to limit the length of a Subscriber’s communications when necessary.
5. THESE TERMS OF SERVICE GIVE SUBSCRIBER SPECIFIC LEGAL RIGHTS, AND SUBSCRIBER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
1. STATUTE OF LIMITATIONS. SUBSCRIBER MUST BRING ANY CLAIM OR ACTION ARISING IN CONNECTION WITH THE SERVICES WITHIN ONE (1) YEAR FROM THE EVENT OR OCCURRENCE RELATED TO SUCH CLAIM OR ACTION.
2. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, THE COMPANY RELATED ENTITIES, THIRD PARTY LICENSORS OR SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE CONTRACT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO SUBSCRIBER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, SUBSCRIBER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE AGGREGATE LIABILITY OF COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 U.S.).
3. SUBSCRIBER FURTHER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT Company WILL HAVE NO LIABILITY FOR THE FOLLOWING:
  1. FOR ANY AMOUNT IN THE EXCESS OF ONE HUNDRED DOLLARS ($100.00 U.S.);
  2. FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING WITHOUT LIMITATION, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR WIRELINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES;
  3. FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
  4. FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  5. FOR ANY DAMAGES OR LOSS DUE TO SUBSCRIBER’S FAILURE TO BACK UP ANY EQUIPMENT AS REQUIRED IN SECTION 3(f) HEREIN;
  6. ANY LACK OR BREACH OF SECURITY SUBSCRIBER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE;
  7. FOR ANY MATTER BEYOND Company’S REASONABLE CONTROL;
  8. FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE TELEPHONY SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE;
  9. FOR ANY ACT OR OMISSION OF ANOTHER CARRIER FURNISHING A PORTION OF THE SERVICES, FACILITIES OR EQUIPMENT TO SUBSCRIBER.; OR
  10. SUBSCRIBER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THESE TERMS OF SERVICE.
4. This Section 15, Limitation of Liability, will survive termination or expiration of these Terms of Service, whether terminated by the Subscriber or by Company, for any reason.
Agreement to Arbitrate
1. SUBSCRIBER AND COMPANY AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN SUBSCRIBER AND COMPANY THAT THEY ARE NOT ABLE TO RESOLVE THROUGH GOOD FAITH DISCUSSION. This mutual agreement between Subscriber and Company to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes without limitation: claims arising out of or relating to any aspect of the relationship between Subscriber and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class and claims that may arise after the termination of your account and/or these Terms of Service. For the purposes of this Section 16, references to Subscriber include Subscriber’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of the Service.
2. SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS SERVICE AGREEMENT, SUBSCRIBER AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THIS SERVICE AGREEMENT.
3. These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
4. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Company must be addressed to Company at the address set forth in these Terms of Service for notices. An Arbitration Notice to Subscriber must be addressed to Subscriber at Subscriber’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Subscriber and Company do not reach an agreement to resolve the claim within 60 calendar days after the Arbitration Notice is received, Subscriber or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or Subscriber shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Subscriber or Company is entitled.
5. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Service Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to the Company. The arbitrator shall be bound by the terms of this Service Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Subscriber and Company agree otherwise, any arbitration hearings shall take place in Humboldt County, Nevada. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.
6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. SUBSCRIBER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Subscriber and Company agree otherwise, 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.
7. Notwithstanding any provision in these Terms of Service to the contrary, Subscriber and Company agree that if Company makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Subscriber may reject any such change by sending Company written notice within thirty (30) days of the change. By rejecting any future change, Subscriber agrees that Subscriber will arbitrate any dispute between Subscriber and Company in accordance with the language of this provision.
Indemnification
1. Subscriber agrees to indemnify, defend and hold harmless Company, the Company-Related Entities, and our third party licensors and suppliers and each of their respective, officers, directors, shareholders, employees, agents, representatives and contractors, and each of their successors and assigns (collectively, the “Company Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys’ fees) and other claims or actions brought against any Company Indemnitee(s) related to Subscriber’s use of the Service or any violation of these Terms of Service and all other documents incorporated herein by reference) including, without limitation, claims that Subscriber’s use of the Services infringed on the patent, copyright, trademark or other intellectual property right of any third party or Subscriber’s violation of any law or the rights of another and claims resulting from Subscriber’s negligence. Subscriber agrees to pay any attorneys’ fees incurred by any Company Indemnitees in connection with the defense of any such third-party claims or actions. Company reserves the right to assume the defense and control of any matter subject to indemnification by Subscriber, in which event Subscriber will cooperate with Company in asserting any available defenses.
General Provisions
1. These Terms of Service (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. These Terms of Service supersede and nullify all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of these Terms of Service.
2. The Parties agree that any Affiliates, Operational Service Providers, agents, third party suppliers and licensors of Company are intended beneficiaries of these Terms of Service. Except as set forth in the previous sentence, these Terms of Service are not intended to give and does not give any rights or remedies to any person other than Subscriber and Company.
3. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
4. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “RF noise” interference).
5. These Terms of Service and all matters arising out of or related to these Terms of Service shall be governed by the laws of the State of Nevada without regard to conflicts of law provisions. Subject to the agreement between Subscriber and Company with respect to arbitration of any disputes, Subscriber agrees that the state courts of Humboldt County, Nevada and the federal courts closest in proximity to Company alone shall have jurisdiction over all disputes arising under these Terms of Service and Subscriber consents to the personal jurisdiction of those courts.
6. Company’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of these Terms of Service shall, to any extent, be held invalid, illegal or unenforceable, the remainder of these Terms of Service shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.
7. Company may change, amend, alter, or modify these Terms of Service and any document incorporated by reference herein at any time. Company may notify Subscriber of any change either by posting that change on Company’s website (www.Company.com), and by sending Subscriber an email or by U.S. first-class mail. If Subscriber continues to use the Service after such notice has been made, Subscriber agrees that such continued use shall be deemed to be Subscriber’s acceptance of those changes. The current version of these Terms of Service, as the same may be modified by Company from time to time, shall supersede any prior version of these Terms of Service that may have been provided to Subscriber at any time.
8. Except as specifically set forth in these Terms of Service, any notices under these Terms of Service shall be effective as follows:
  1. If to Subscriber: notice shall be made by (A) email to Subscriber’s email address; (B) by first-class mail to Subscriber at Subscriber’s billing address then on file with Company; or (C) when posted to the Announcements page of Company’s website. If by email, such notice shall be deemed effective when transmitted by Company. If by first-class mail, such notice shall be deemed effective upon the earlier of (1) three (3) business days after dispatch or (2) at such time as actually received by Subscriber.
  2. If to Company: notice shall be made exclusively by first-class mail to Company at 332 S Bridge St, Winnemucca, NV 89445 or such other address as Company may from time to time publish to Subscriber, and such notice shall be deemed effective upon receipt.
9. Subscriber may not assign these Terms of Service, or Subscriber’s rights or obligations hereunder, without Company’s prior written consent, and any purported assignment by Subscriber without such consent shall be void. Company may transfer or assign any portion or all of these Terms of Service at any time without notice to Subscriber, and Subscriber waives any notice that may be required by law.
10. Sections 2 through 18 herein shall survive any termination or expiration of these Terms of Service.

Updated: 1/18/2021

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