DIGI-COM 256
will provide Internet service to the customer on the terms and
conditions set forth herein. DIGI-COM 256 may use third party
providers for certain aspects of the service. DIGI-COM 256 welcomes
you, the customer, to this site and by you using this site you are
accepting, acknowledging and agreeing to be bound to all terms,
conditions, obligations and notices contained or referenced herein.
If you do not agree with any of these terms, then you shall not use
this site. Also by your continuing use of this site, you agree that
DIGI-COM 256 may at any time update or revise this Agreement and your
use of the site following the notice of these revisions will likewise
constitute acceptance of those changes. Therefore, DIGI-COM 256
strongly recommends that you revisit this Agreement from time to time
to be aware of the revisions that you are agreeing to by your
continued use of this site.
1. Customer
shall not use DIGI-COM 256 equipment, software or Service, directly
or indirectly, for any unlawful or illegal purpose. Therefore
Customer is prohibited from the use of DIGI-COM 256 equipment,
software or Service for transmission or storage of any information,
data or material in violation of any US federal, state or local
regulation or law. This includes, but not limited to, posting or
disseminating content which is unlawful, obscene, defamatory,
libelous, deceptive, fraudulent, abusive, harassing, invasive of
another's privacy, tortious, explicit or graphic descriptions or
accounts of sexual acts, or which infringes the intellectual property
of any person.
2. Customer
agrees not to upload, post, distribute, transmit or disseminate
objectionable information, including, but not limited to any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any international, federal or local law, order or
regulation. This shall also include any content that victimizes,
harasses, degrades, or intimidates an individual or group of
individuals on the basis of gender, race, religion, sexual
orientation, age, disability or ethnicity.
3. Customer
agrees not to infringe on any patent, trademark, trade secret,
copyright, right of publicity or other proprietary right of any other
party by uploading, posting, publishing, transmitting, reproducing,
creating derivative works from, or distributing in any way,
information, software or other material through this Internet Service
without obtaining permission of the owner.
4. Customer
agrees not to access any other person's or entity's computer,
software, or data of any other person or entity, without the consent
of such person or entity. Customer agrees to not cause any action to
disrupt, restrict, inhibit or interfere with the Internet Service
including but not limited to posting, uploading or transmitting any
information or software which contains a virus, program, files,
computer code or other harmful feature designed to disrupt, damage or
limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party or
generate levels of traffic sufficient to impede others' ability to
send or retrieve information.
5. Customer
shall not use this Internet Service to post, upload or distribute
unauthorized or unsolicited advertising, junk or bulk e-mail, chain
letters, any form of unauthorized solicitation, or any form of
lottery or gambling. Customer also agrees not to gather or collect
information about the users on this site or use such information to
transmit unsolicited bulk electronic e-mail or any other
communications. Furthermore Customer shall not solicit or collect any
information from a minor (under 18 years old) which includes name,
address, phone number or name of school. Customer shall not
impersonate, or fraudulently represent another person or entity
including but not limited to DIGI-COM 256.
6. Customer
hereby agrees not to resell the Internet Service or otherwise charge
others to use this Internet Service, in whole or in part, directly or
indirectly, or on a bundled or unbundled basis. This Internet Service
is for personal and noncommercial use only and Customer agrees not to
use the Internet Service for operation as an Internet service
provider, a server site for FTP, telnet, Rlogin, e-mail hosting, web
hosting or other similar applications, for any business enterprise,
or as an end-point on a non-DIGI-COM 256 local area network or wide
area network, or in conjunction with a VPN or a VPN tunneling protocol.
7. If Customer
engages in any of the activities listed in 1-6 above or if Customer
uses DIGI-COM 256 equipment or Internet Services in a way which is
contrary to any other DIGI-COM 256 or it's underlying providers'
policy, then DIGI-COM 256 reserves the right to immediately terminate
this Agreement and Internet Service. The provisions of this section 7
shall not in any way limit DIGI-COM 256 rights of termination
provided for in other sections of this Agreement. Customer
furthermore agrees to indemnify and hold harmless DIGI-COM 256
against all claims and expenses (including reasonable attorney fees)
resulting from Customer engaging in any of the activities described
in Sections 1-7 and such indemnification obligation shall survive the
termination of this Agreement.
8. Customer
hereby acknowledges and agrees that there may be some content on the
Internet or otherwise available through the Service by automated
search results or links to other sites which may be offensive,
inappropriate or objectionable to some individuals, or may not be in
compliance with laws. These sites are not under the control of
DIGI-COM 256 and Customer acknowledges that DIGI-COM 256 is not
responsible for the accuracy, copyright compliance, legality,
decency, or any other aspects of the content of such sites. Neither
DIGI-COM 256 nor its' underlying providers shall have any liability
whatsoever for any claims, losses, actions, damages, suits or
proceedings arising out of or otherwise relating to access to such
content by Customer. Questions or complaints concerning content
should be addressed to the content provider. The inclusion of such a
link does not imply endorsement of the site by DIGI-COM 256 or any
association with its operators.
9. DIGI-COM
256 does not assume any obligation to monitor transmissions made on
this Internet Service. Therefore, Customer acknowledges and agrees
that DIGI-COM 256 shall have the right to monitor such transmissions
from time to time and to disclose the same in accordance with
applicable laws, regulations or governmental requests and to operate
the Internet Service properly. DIGI-COM 256 and its underlying
providers reserve the right to refuse to post or to remove any
information or materials, in whole or in part, that in their sole
discretion are unacceptable or in violation of this Agreement.
10. Customer
acknowledges and agrees that all content and materials available on
this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws.
Therefore, unless otherwise expressly authorized by DIGI-COM 256,
Customer agrees not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly perform, publish, adapt, edit, or
create derivative works from such materials or content. However,
Customer may print or download one copy of the materials or content
on this site on any single computer for Customer's personal, non-commercial
use, provided Customer keeps intact all copyright and other
proprietary notices. Customer is prohibited from systematic retrieval
of data or other content from this site to create, compile, directly
or indirectly, a collection, compilation, database or directory
without written permission from DIGI-COM 256. Also, use of the
content or materials for any purpose not expressly permitted in this
Agreement is prohibited.
11. ALL
DIGI-COM 256 EQUIPMENT, MATERIALS, SOFTWARE AND THE INTERNET SERVICE
INCLUDED IN OR AVAILABLE THROUGH DIGI-COM 256 AND ITS UNDERLYING
PROVIDERS ARE PROVIDES "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND. NEITHER DIGI-COM 256 NOR ITS UNDERLYING
PROVIDERS WARRANTS UNINTERRUPTED OR ERROR FREE USE OR OPERATION OF
THE DIGI-COM 256 EQUIPMENT, CUSTOMER EQUIPMENT OR THE INTERNET
SERVICE. FURTHERMORE, NEITHER DIGI-COM 256 NOR ITS UNDERLYING
PROVIDERS WARRANTS THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL
BE TRANSMITTED IN UNCORRUPTED FORM, AT ANY MINIMUM SPEED OR WITHIN A
REASONABLE PERIOD OF TIME OR THAT THE CONTENT IS RELIABLE, CORRECT OR
ACCURATE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT
THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CUSTOMER'S USE OF THIS SITE AND INTERNET SERVICE IS SOLELY AT
CUSTOMER'S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF NON
INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY
ARE HEREBY EXCLUDED. DIGI-COM 256 WILL UNDER NO CIRCUMSTANCE BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO
USE THIS SITE AND INTERNET SERVICE. THIS LIMITATION APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF DIGI-COM HAS BEEN ADVISED AND
MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
12. Customer
should be aware that when using this Internet Service to access the
Internet or any other online network or service, there is the risk of
"eavesdropping" which means that other persons may be able
to access and/or monitor Customer's computer, transmissions and
receptions. Also there are certain transfer protocols, such as FTP
and HTTP, which may allow other Internet Service users to gain access
to Customer's computer. Because of this risk, any sensitive or
confidential information sent by Customer is sent at Customer's sole
risk and if Customer chooses to run such transfer protocols, Customer
should take appropriate security measures. Therefore, neither DIGI-COM
256 nor its underlying providers shall have any liability whatsoever
for any claims, losses, actions, damages suits or proceedings
resulting from, arising out of or otherwise relating to such actions
by Customer or use of such protocols by Customer, including without
limitations, damages resulting from other's accessing Customer's
computer. Also Customer acknowledges that this Internet Service is
not fail safe-safe and is not designed or intended for use in
situations requiring fail-safe performance or in which an error or
interruption in the Internet Service could lead to severe injury to
business, persons or environment or designed for business or personal
communications, or activities where absolutely accurate data or
information is required. Customer expressly assumes the risks of any
damages resulting from these high risk activities. Furthermore,
DIGI-COM 256 reserves the right to determine, in its discretion, and
on a ongoing basis, the nature and extent of its facilities allocated
to support the Internet Service.
13. Customer
hereby acknowledges that DIGI-COM 256 collects, uses and releases
information on Customer use of the Internet Service as necessary to
render the Service, to otherwise undertake legitimate business
activities related to the Internet Service and to comply with law.
Therefore DIGI-COM 256 may collect information in accordance with
applicable law concerning Customer's use of the Service and Customer
preferences which are reflected in the choices that a customer makes
among the range of services offered as part of the Service, the time
that the Customer actually uses the Service, the menus and features
used most often by the Customer, and other information about a
customer's "electronic browsing". Also collecting
information contained in transmissions made by Customer through the
Internet Service directed at DIGI-COM 256, its underlying providers,
Internet Web sites, or other service providers to which access is
provided as part of the Service, is necessary to provide the Service.
The detailed business records generally are used to help make sure
customers are properly billed; to send customers pertinent
information about the Internet Service; and for accounting purposes.
Customer information is also used to execute requests and orders
placed by customers with advertisers, merchants, and other service
providers; to understand customers' reactions to various features of
the Internet Service; and to personalize the Service based on the
interests of the customers. This information helps DIGI-COM 256
improve the Service and uncover unauthorized access to the Service or
Customer data and may be provided to law enforcement agencies in the
event of such unauthorized access. DIGI-COM 256 considers the
personally identifiable Customer information that is collected to be
confidential. However, DIGI-COM 256 will disclose to third parties
personally identifiable information that DIGI-COM 256 maintains
related to customers only when it is necessary to deliver the Service
to customers or carry out related business activities, in the
ordinary course of business, for ordinary business purposes, and a
frequency dictated by DIGI-COM 256 particular business need, or
pursuant to a court order or order of any regulatory body having
jurisdiction over matters which are the subject of this Agreement.
14. Customer
hereby agrees to promptly pay all applicable charges, fees and taxes.
The timing of the assessment of these Service fees will be determined
in the sole discretion of DIGI-COM 256. If DIGI-COM has agreed to
charge Customer's credit card or debit card for these Service fees,
Customer authorizes DIGI-COM 256 to charge Customer's credit card or
debit card for all such Service fees. Customer also agrees to provide
to DIGI-COM 256 updated credit card and debit card information on a
timely basis prior to the expiration or termination of the credit or
debit card on file with DIGI-COM 256 or in the event that Customer's
credit card or debit card balance is or will be insufficient to cover
payment. Upon termination of this Service and return of any and all
equipment undamaged, normal wear and tear excluded, Customer will be
credited on a pro rata basis for any monthly Service fees prepaid and
unused. If any payment is not timely received, or if DIGI-COM 256 is
unable to charge Customer's credit card or debit card due to invalid
credit card or debit card information or due to insufficient credit
or funds, an administrative charge may be assessed and the Internet
Service may be disconnected. If the Service is disconnected, Customer
may be required to pay a reconnect fee in addition to all past due
charges before the Internet service is reconnected. The
administrative charge is intended to be a reasonable advance estimate
of the costs resulting from Customer's late payments and non-payments
as it would be difficult to determine the costs associated with any
particular late payment or non-payment. Payments are expected to be
paid in full when due. DIGI-COM 256 does not extend credit to
Customers and the administrative charge is not intended as interest,
a credit service charge or a finance charge. No acceptance of partial
payment shall constitute a waiver of the right to collect the full
balance owing. A Residential Customer has a total limit of one-hundred and fifty
(150) hours monthly usage of the Internet Service. If the limit of
one-hundred and fifty hours monthly is exceeded in any month, then Customer agrees
to be billed automatically at the current monthly Commercial Customer
Rate for that month. This Internet Service will allow Customer to
access the Internet, online services and other commercial sites.
Therefore Customer hereby acknowledges that customer may incur
charges for goods or services purchased online in addition to those
billed by DIGI-COM 256 and agrees that all such charges, including
all applicable taxes are customer's sole responsibility. Customer
also authorizes DIGI-COM 256 to make inquiries and to receive
information about Customer's credit experience from others, to enter
this information in customer's file, and disclose such information
concerning Customer to appropriate third parties for reasonable
business purposes. Unless otherwise provided by applicable law,
Customer must notify DIGI-COM 256 of any billing errors or other
requests for credit within ninety (90) days of receipt of the
disputed bill, and any claims not made within said ninety (90) days,
shall be deemed waived.
15. This
Agreement and the Internet Service provided hereunder may be
terminated by DIGI-COM at any time without prior notice if the
Customer fails to comply in full with any term of this Agreement or
for any reason upon thirty (30) days notice to Customer. Customer
agrees that upon termination of this Agreement, Customer shall pay
DIGI-COM 256 in full for Customer's use of any DIGI-COM 256 Internet
Service up to the end of the monthly billing period in which Service
was terminated. If Customer's account has a balance due, DIGI-COM 256
may refer Customer's account to a collection agency to pursue
collection of such balance. Fees incurred by DIGI-COM 256 as a result
of efforts to collect past due amounts from Customer may be assessed
by DIGI-COM 256 upon Customer, in addition to any other fees due
under this Agreement. Nothing in this Agreement shall be construed to
limit DIGI-COM 256 rights and remedies available at law or in equity.
DIGI-COM 256 reserves the right to delete all data, files, electronic
messages, or other information that is stored on DIGI-COM 256 or its
underlying provider's servers or systems when Customer's account with
DIGI-COM 256 is terminated for any reason.
16. Customer
acknowledges that Customer is executing this Agreement on behalf of
all persons who use DIGI-COM 256 equipment and/or Service through
Customer's computer. Customer shall have the sole responsibility for
ensuring that all such users understand and comply with the terms and
conditions of this Agreement. Customer further acknowledges and
agrees that Customer is solely responsible and liable for any and all
breaches of the terms and conditions of this Agreement, whether such
breach is the result of use of the Service and/or DIGI-COM 256
equipment by customer or by any other user of Customer's computer.
Customer agrees to indemnify and hold harmless DIGI-COM 256 and its
underlying providers against all claims and expenses including
reasonable attorney fees arising out of use of the Service and or
equipment by Customer or any other user of Customers computer.
17. For any
inquiries or notices required with this Agreement, Customer may
contact DIGI-COM 256 via e-mail at "doclarry at digi-comm dot com" (or such
other e-mail address as DIGI-COM 256 may designate) or in writing to
DIGI-COM 256,110 North Washington Street, Emmett, Idaho 83617.
DIGI-COM 256 may deliver notice to Customer by means of electronic
mail sent to Customer's e-mail address on file with DIGI-COM 256
and/or by written communication delivered by United States or
overnight mail to Customer's address in DIGI-COM 256 records.
18. This
Agreement shall be governed by and construed in accordance with the
laws of Idaho, excluding conflicts of law rules. Customer expressly
agrees that the exclusive jurisdiction for any claim or action
arising out of or relating to this Agreement or Customer's use of
this site shall be filed only in the state or federal courts in
Idaho, and Customer further agrees and submits to the exercise of
personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
19. DIGI-COM
256 makes no representation that materials on this site are
appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with local laws.
20. Upon
request by DIGI-COM 256, Customer agrees to defend, indemnify, and
hold harmless DIGI-COM 256 and its subsidiary and other affiliated
companies, and their employees, contractors, officers, and directors
from all liabilities, claims, and expenses, including attorney's
fees, that arise from Customer's use or misuse of this site. DIGI-COM
256 reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by Customer, in which event Customer will cooperate
with DIGI-COM 256 in asserting any available defenses.
21. Unless
otherwise specified herein, this Agreement between Customer and
DIGI-COM 256 with respect to this site constitutes the entire
Agreement and supersedes all prior or contemporaneous communications
and proposals (whether oral, written, or electronic) between Customer
and DIGI-COM 256. No undertaking, representation or warranty made by
an agent or employee of DIGI-COM 256 or its underlying providers in
connection with installation, maintenance or provision of the Service
which is inconsistent with the terms of this Agreement shall be
binding on DIGI-COM 256. This Agreement may be amended by DIGI-COM
256 at any time and Customer's election to continue receiving the
Service thereafter shall be deemed to constitute Customer's
acceptance of such amendment. DIGI-COM 256 may freely assign its
rights and obligations under this Agreement, including, without
limitation, to any parent, subsidiary or other affiliated company of
DIGI-COM 256. In the event that any portion of this Agreement is held
to be unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the
provisions shall remain in full force and effect. DIGI-COM 256
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provisions of this Agreement. This
Agreement may not be assigned or transferred by Customer.