ACCEPTABLE USE POLICY
Effective July, 01, 2016
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF
ANY AGREEMENT WITH Rural JetNet 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
Rural JetNet AS SET FORTH BELOW.
Rural JetNet and its affiliates
(collectively "Rural JetNet") have
designed this Acceptable Use Policy ("AUP") governing
Rural JetNet 's services (the "Services") to
ensure the integrity of its wireless broadband network and enhance
the use of the Services for all of Rural JetNet
's customers by designating standards for acceptable
and unacceptable use. This AUP forms part of the agreement
between Rural JetNet and you and is
incorporated by reference into Rural JetNet
's Terms of Service (the "Terms of Service") found at
www.ruraljetnet.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 Rural JetNet (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 Rural JetNet's network and the
Internet without interference or harassment from other users, and
as a condition of the Service, Rural JetNet
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 Rural
JetNet's network or systems, or the network of any
other provider, damages, disables, or impairs any
Rural JetNet 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 Rural JetNet
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.
Rural JetNet 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, Rural JetNet monitors Internet
ports that are considered to be security risks as determined
by Rural JetNet 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. Rural
JetNet, 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 Rural JetNet network or network usage
by others. Rural JetNet 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,
Rural JetNet 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.
Rural JetNet representatives also are available to explain the
parameters of this AUP and the Accelerated Performance Services™
[1] 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 Rural
JetNet's attempt to contact you regarding excessive
use, or if excessive use is ongoing or recurring,
Rural JetNet 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 Rural JetNet'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 Rural
JetNet 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, Rural
JetNet may attempt to contact you by e-mail at the
e-mail address on file or otherwise to notify you of the
violation. Rural JetNet representatives
also are available to work with you to explain the parameters of
this AUP and to help you avoid an AUP violation.
Rural JetNet 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 Rural JetNet to
sanctions, prosecution, civil action or other liability; (2) cause
harm to or interfere with the integrity or normal operations
of Rural JetNet's network or networks
with which Rural JetNet is
interconnected; (3) interfere with another Rural
JetNet customer's use of the Service; (4)
violate any applicable law, rule or regulation; or (5) otherwise
present an imminent risk of harm to Rural
JetNet 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 Rural JetNet are
cumulative and not exclusive of any rights or remedies that
Rural JetNet may otherwise have at law or in
equity. Waiver of any violation of this AUP by Rural
JetNet 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 Rural
JetNet 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. Rural JetNet has the right but
not the obligation to monitor or restrict any uses of the Service
that Rural JetNet 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.
Rural JetNet requests that any person who becomes
aware of a violation of this AUP report the information to Rural
JetNet at support@ruraljetnet.com, 301 South 21st street Mattoon,
IL. 61938, and or 1-844-753-8638. If available, please provide the
IP address used to commit the alleged violation and the date and
time of the alleged violation. Rural JetNet 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 Rural JetNet
at support@ruraljetnet.com, 301 South 21st
street, Mattoon, IL. and/or 1-844-753-8638, Attn:
Copyright Infringements. Note that inquiries relevant to the
following procedure only will receive a response.
Revisions; Reservation of Rights.
Rural JetNet reserves all rights
including the right to revise, amend, or modify this AUP or any
other Rural JetNet 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 Rural
JetNet's website:
www.ruraljetnet.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.[2] 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 Rural JetNet within twenty
(20) days of the effective date of the
modification.
Rural JetNet 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[3] .
The Rural JetNet ™
name and logo and other designated names, marks, and phrases are
trademarks of Rural JetNet[4]
PRIVACY POLICY
Rural JetNet 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 Rural JetNet's service, except as
stated below. This policy applies only to Rural
JetNet, and not to other companies' or organizations'
Web sites to which we link.
The Information We Collect
The information Rural JetNet
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 Rural
JetNet when applying for Rural
JetNet 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 Rural JetNet 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 Rural
JetNet 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 Rural JetNet pages, or
register with Rural JetNet sites or
services, a cookie helps Rural JetNet
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 Rural JetNet, the information you previously provided can
be retrieved, so you can easily use the Rural
JetNet 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, Rural JetNetdoes 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 Rural JetNet 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 Rural JetNet some or all
of the information they collect (in which case the shared
information will be subject to Rural
JetNet's privacy policy), however Rural
JetNet 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. Rural
JetNet 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 Rural JetNet; (b)
protect and defend the rights or property of Rural
JetNet 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 Rural
JetNet, 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
Rural JetNet 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. Rural
JetNet will continue to revise its security policies
and implement additional security features as new technologies
become available.
Location Information
To make wireless communications possible,
Rural JetNet'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. Rural JetNet
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.
Rural JetNet and Kids
Rural JetNet 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 Rural
JetNet 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.
Rural JetNet Spam Policy
Rural JetNet 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 Rural JetNet.
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
Rural JetNet'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 EffectiveJ
uly, 01, 2016
THIS WIRELESS BROADBAND INTERNET SERVICE
AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND Rural
JetNet ("Rural JetNet").
THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE "TERMS OF SERVICE".
BY USING Rural JetNet'S WIRELESS
BROADBAND INTERNET SERVICE (THE "INTERNET SERVICE"), ANY RELATED
OPTIONAL SERVICES (THE "OPTIONAL SERVICES"), OR ANY EQUIPMENT
PURCHASED OR RENTED BY YOU FROM Rural JetNet ("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.[5] 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 Rural
JetNet'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.ruraljetnet.com.Rural JetNet
reserves all rights including the right to revise, amend, or
modify this Agreement or any other Rural JetNet
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 Rural JetNet 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 Rural JetNet. Monthly Service
fees will not be pro-rated. Upon termination or expiration of this
Agreement for any reason, Rural JetNet
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
Rural JetNet's or its suppliers' servers or
systems. Rural JetNet, 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, Rural
JetNet may reasonably require you to cooperate with
and consent to remote and/or on-site (i) service level verification
and/or (ii) troubleshooting by Rural JetNet.
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 Rural
JetNet 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 Rural JetNet 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 Rural JetNet 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 [6] on "My Account". (My Account
is Rural JetNet'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, Rural JetNet
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,
Rural JetNet 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 Rural JetNet.
You expressly agree that Rural JetNet
may charge your Card all amounts associated with your
Rural JetNet account. You will pay
Rural JetNet all outstanding balances when
due.
5. Billing Disputes.
You must notify Rural JetNet
in writing no later than thirty (30) days after receiving
your Card or bank account statement if you dispute any
Rural JetNet charges on that statement or such
dispute will be deemed waived. Rural JetNet
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 Rural
JetNet. In addition, Rural JetNet
may terminate your Service if your Card expires or the bank
account is closed or suspended and you have not provided
Rural JetNet with a valid replacement Card or
EFT-related information. In the event of such suspension or
termination by Rural JetNet, you will
pay Rural JetNet any outstanding fees and
all collection costs and fees, including reasonable attorneys' fees
and late fees, incurred or charged by Rural
JetNet.Rural JetNet may, but is not
required to, reactivate your Service after Service has been
suspended or terminated. Before Service may be reactivated, you
must pay Rural JetNet all past due
amounts and late payment fees plus a reasonable suspension charge
per account to cover Rural JetNet'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 Rural JetNet 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 Rural JetNet
of any changes in the primary Service address. In order to
provide the best possible service to its customers,
Rural JetNet must perform maintenance on its
network. In some cases this may require Rural
JetNetto conduct either a planned or
unplanned interruption of the Service. Rural
JetNet 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 Rural JetNet
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
Rural JetNet'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
Rural JetNet, you must return all rented
Equipment in good working order upon the termination or expiration
of this Agreement or upon Rural JetNet'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
Rural JetNet, you agree to pay
Rural JetNet 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 Rural JetNet
by the required date, you agree to continue paying
Rural JetNet your monthly Service charges until
you return the Equipment.
You hereby irrevocably authorize
Rural JetNet 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 Rural JetNet 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. Rural
JetNet may replace, upgrade, repair, or otherwise
modify any rented Equipment, and will repair or replace (in Rural
JetNet'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.
Rural JetNet warrants to you that
the Equipment and its installation by Rural
JetNet will be substantially free from material
defects, under normal use in compliance with Rural
JetNet'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 Rural
JetNet's policies or other instructions provided
by Rural JetNet, actual or attempted
alteration of or additions to the Equipment not approved by Rural
JetNet, or any other cause beyond the reasonable control of
[Company , all as determined by
Rural JetNet (collectively, "Excluded
Causes"). Repair or replacement, in Rural
JetNet's discretion, of the Equipment and performance
of the installation is Rural JetNet'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 Rural JetNet
or available at: www.ruraljetnet.com prior
to contacting Rural JetNet
Customer Service for assistance. In the event that you
request a service call to your Service location and
Rural JetNet determines that the problem is your
responsibility, you authorize Rural JetNet
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 [7]
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 Rural JetNet 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. [8] For further information,
please refer to Rural JetNet's Acceptable
Use Policy, which may be amended from time to time.
Rural JetNet 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 Rural JetNet, its host
network provider or any content providers or other third party.
Neither Rural JetNet 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. Rural
JetNet 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.
Rural JetNet's Privacy Policy
describes how Rural JetNet 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 Rural JetNet or located on
Rural JetNet's website (collectively
"Information"); and all names, service marks, trademarks, trade
names, logos and domain names (collectively "Marks") of
Rural JetNet are and will remain the sole
property of Rural JetNet 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 Rural JetNet
or its host network provider. Software is licensed, not sold, to
you by Rural JetNet 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 Rural
JetNet. 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
Rural JetNet in writing) to do so. You
agree not to make any modifications or alterations to Equipment
without Rural JetNet's prior written approval.
17. Theft of the Service or Rented
Equipment.
You must notify Rural JetNet immediately, in
writing or by calling Rural JetNet
Customer Service, if any rented Equipment is lost or stolen
or if you become aware at any time that the Service is being stolen
or fraudulently used.
18. Termination/Discontinuance of
Service.
Rural JetNet 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 Rural JetNet discontinues
providing the Service generally or terminates your Service for a
reason other than your breach of this Agreement, you will be
responsible only for charges accrued through the date of
termination, including a pro-rated portion of the final month's
charges.
19. Disclaimer of Representations and
Warranties.
THE ONLY WARRANTIES BEING MADE BY
Rural JetNet WITH REGARD TO THE SERVICE
AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN
SECTION 9 OF THIS AGREEMENT. THE Rural JetNet
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 Rural JetNet EMPLOYEES
OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY
AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY
Rural JetNet PARTIES. Rural
JetNet DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF
ANY KIND ON Rural JetNet BEHALF AND YOU
SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT.
THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT
APPLY TO YOU IN WHOLE OR IN PART.
20. Limitation of Liability.
(A) IN NO EVENT SHALL ANY OF THE
Rural JetNet 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 Rural JetNet 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[9] , 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
Rural JetNet'S REASONABLE CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS
SECTION SHALL APPLY WHETHER OR NOT Rural JetNet
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 Rural JetNet, OR CLAIM AGAINST
Rural JetNet, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL
BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE
AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN
REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU, IN WHOLE OR IN PART.
21. Complaint Resolution/Notices.
All complaints must be sent to
Rural JetNet Customer Service at the address set
forth at www.ruraljetnet.com or by calling
[(xxx-xxx-xxxx)][10] . Rural JetNet may
require you to describe the complaint in writing. Written notices
to you from Rural JetNet 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 Rural
JetNet's files, or (iii) the date of delivery or
rejection when sent by a nationally recognized courier. You are
responsible for notifying Rural JetNet of
any changes in your email and/or mailing address. Written notice
to Rural JetNet will be effective when
directed to Rural JetNet's Customer
Service Department and received at the address set forth at
www.ruraljetnet.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
Rural JetNet, including account statements,
account status, payment and billing information, and changes to
terms of service, will be sent by Rural JetNet
electronically to the last email address provided by
you.
22. Indemnification.
You will defend, indemnify, and hold
harmless Rural JetNet 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 "Rural
JetNet 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 Rural
JetNet's installation of Equipment, including, but not
limited to, claims by any owner of the Service location. You also
agree to reimburse the Rural JetNet Parties and pay
each Rural JetNet Party's reasonable
attorneys' fees and costs related to defending such claims and
related to enforcing this Agreement, including any such fees
incurred in connection with any appeal. This section will survive
termination or expiration of this Agreement for any
reason.
23. Assignment and Successors in
Interest.
All of the provisions of this Agreement will be
binding upon, inure to the benefit of, and be enforceable against
your respective successors and permitted assigns. Except as
specifically stated herein, you may not assign this Agreement or
any of your rights, interests, or obligations without the prior
written consent of Rural JetNet. Any such assignment without
consent will be void. The Company may assign this Agreement,
in whole or in part, without your consent.
24. Entire
Agreement/Severability.
This Agreement consists of these terms and
conditions, the Order Confirmation, and your Service Plan (each as
they may be amended from time to time) and represents the entire
agreement and understanding of you and Rural JetNet 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 Rural JetNet, this Agreement will
control, unless Rural JetNet 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
25. Arbitration; Choice of Law; Statute of
Limitations; Jury and Class Action Waiver.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF
THE STATE IN WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW
PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN
YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND
ANY ACTION TO COLLECT AMOUNTS DUE TO Rural JetNet 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 Rural JetNet 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 Rural JetNet 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 Rural JetNet 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 AGREEMENT
Introduction
Welcome to the Rural JetNet
web site. This web site is a service of Rural
JetNet and its affiliates ("Rural
JetNet"). 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
Rural JetNet 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 Rural JetNet's written
permission. Rural JetNet 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 Rural JetNet 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 Rural JetNet shall determine in
its sole discretion whether you have violated the foregoing
restriction.
Any conduct, communication, or content that, in
the sole discretion of Rural JetNet, (i)
violates applicable law, or (ii) is harmful or objectionable to
individual users or to Rural JetNet, or
(iii) infringes any rights of Rural JetNet
or any third party, is prohibited. We cannot ensure prompt
removal of questionable content after online posting, however.
Rural JetNet 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 Rural JetNet web site are
governed by our Rural JetNet 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 Rural JetNet 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. Rural
JetNet does not endorse any particular third parties,
or their sites, merely because we provide a link to their web
site.
Rural JetNet uses reasonable
precautions to protect the privacy of your personal information,
such as credit card and other ordering information, but
Rural JetNet does not guaranty the security of
your information. Rural JetNet 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 Rural
JetNet 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 Rural JetNet
at [xxx-xxx-xxxx]. 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
Rural JetNet web site, you may be given an opportunity to register
with Rural JetNet. 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.
Rural JetNet 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 Rural JetNet of any known or suspected unauthorized use
of your account.
Ownership of Information
"Rural JetNet" and our logo are trademarks of
Rural JetNet 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 Rural JetNet, 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").
Rural JetNet has no obligation to review User
Generated Content posted and/or submitted by any persons accessing
this web site. Rural JetNet 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,
Rural JetNet 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 Rural
JetNet.
You acknowledge and agree that
Rural JetNet has the absolute right, but not the
obligation, to monitor User Generated Content posted to this web
site in its sole discretion. In addition, Rural JetNet 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 Rural JetNet 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 Rural
JetNet 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 Rural JetNet's other rights, illegal, or
otherwise objectionable to Rural JetNet.
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
Rural JetNet 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 Rural JetNet 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
Rural JetNet 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. Rural JetNet does not assert any ownership
over your User Generated Content; rather, as between Rural JetNet
and you, subject to the rights granted to Rural JetNet
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 Rural JetNet in writing of any
objectionable content appearing on this web site.
Rural JetNet 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 Rural
JetNet 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 Rural JetNet. You are
responsible for implementing sufficient procedures to satisfy your
particular requirements for the accuracy of information obtained
through this web site. Although Rural JetNet
employs security measures, Rural JetNet
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 Rural
JetNet.
Limitations on Rural JetNet Liability;
Indemnification
NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR
AGREEMENT, NEITHER Rural JetNet 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 Rural JetNet 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 Rural JetNet 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 Rural JetNet
shall be limited to the greatest extent permitted by
law.
You will defend, indemnify, and hold
harmless Rural JetNet 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 Rural JetNet 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 Rural JetNet 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 Rural JetNet. All rights
reserved.