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SnyderWebs Communication,
LLC. Services and Site Terms of Service
BY CLICKING ON THE "I ACCEPT"
BUTTON OR BY DOWNLOADING, INSTALLING OR
USING ANY OF THE SnyderWebs Communication,
LLC. SOFTWARE OR SERVICES (INCLUDING,
WITHOUT LIMITATION, THE SnyderWebs
Communication, LLC. WIFI AND DIAL UP
INTERNET ACCESS SERVICES, SOFTWARE
DISTRIBUTED OR MADE AVAILABLE BY SnyderWebs
Communication, LLC., E-MAIL SERVICES, AND
ANY SERVICES PROVIDED ON ANY OF THE WEB
SITES MANAGED OR OWNED BY SnyderWebs
Communication, LLC. (COLLECTIVELY, THE "SnyderWebs
Communication, LLC. SERVICE OR SERVICES")),
YOU AGREE TO BE BOUND BY THESE TERMS OF
SERVICE, THE ACCEPTABLE USE GUIDELINES FOR
THE SnyderWebs Communication, LLC. SERVICES,
AND THE SnyderWebs Communication, LLC.
PRIVACY STATEMENT, WHICH ARE REFERRED TO
COLLECTIVELY AS THE RULES.
IF YOU DO NOT AGREE TO BE BOUND BY THE
RULES, YOU MUST DISCONTINUE YOUR USE OF THE
SnyderWebs Communication, LLC. SERVICES,
UNINSTALL ANY SnyderWebs Communication, LLC.
SOFTWARE AND TERMINATE YOUR ACCOUNT.
The most current version of the Rules may be
found at
http://www.gallatin.net (the "SnyderWebs
Communication, LLC. Site"). Please review
the Rules at the SnyderWebs Communication,
LLC. Site prior to accessing the SnyderWebs
Communication, LLC. Services as the Rules
may have changed since the date of
production of this version of the Terms of
Service. SnyderWebs Communication, LLC. may
change the Rules and the scope of the
SnyderWebs Communication, LLC. Services, in
whole or in part, at any time. Posting of
the updated Rules at the SnyderWebs
Communication, LLC. Site will constitute
notice to you of any such changes, although
SnyderWebs Communication, LLC. may choose
other types of notice for certain changes.
Changes will be effective upon notice,
although SnyderWebs Communication, LLC. will
use reasonable efforts to provide you with
thirty days advance notice of material
changes that adversely impact you. Your
continued use of the SnyderWebs
Communication, LLC. Services following
notice constitutes your acceptance of all
changes, and each use of the SnyderWebs
Communication, LLC. Services constitutes
your reaffirmation of your acceptance of the
Rules. If you do not agree to changes to the
Rules or the scope of the SnyderWebs
Communication, LLC. Services, your sole and
exclusive remedy will be to terminate your
account and use of SnyderWebs Communication,
LLC. Services and uninstall any SnyderWebs
Communication, LLC. Software, although if
you have a prepaid account or a minimum term
commitment you will not have the right to
terminate your use of the SnyderWebs
Communication, LLC. Services unless the
change is material and adverse to you.
This Terms and Conditions
statement will explain the following
regarding our Site and Service:
1.
General
2.
Your Obligations
3.
Termination and
Cancellation
4.
Warranty Disclaimers
5.
Limitation of
SnyderWebs Communication, LLC.'s Liability
6.
Policy to Terminate
Use of Services for Copyright Infringement
7.
Software License
8.
Miscellaneous
9.
How to Contact Us
10.
Refund
Policy
1.0 General
The Rules are your entire agreement with
SnyderWebs Communication, LLC. and govern
your use of the SnyderWebs Communication,
LLC. Services. SnyderWebs Communication, LLC.
reserves the right, but is not obligated, to
prohibit any conduct or to remove any
materials or content in violation of the
Rules or which SnyderWebs Communication, LLC.
believes in its sole discretion to be
illegal or potentially harmful to others or
may expose SnyderWebs Communication, LLC. to
harm or liability. SnyderWebs Communication,
LLC. may suspend or terminate your use of
SnyderWebs Communication, LLC. Services for
any reason at any time, including if it
determines that you have failed to comply
with any of the Rules. SnyderWebs
Communication, LLC. reserves the right to
take or terminate the use of any user name
or e-mail address at any time.
SnyderWebs Communication, LLC. Services.
SnyderWebs Communication, LLC. offers a
variety of services, including broadband ("WIFI")
Internet access, dial up Internet access,
and e-mail services. SnyderWebs
Communication, LLC. retains the right at its
discretion to make changes to the SnyderWebs
Communication, LLC. Services, including its
fees and billing methods and the amount of
time a user may access the Internet for free
or for a specified fee, or to discontinue
some or all of the SnyderWebs Communication,
LLC. Services. SnyderWebs Communication, LLC.
retains the right to limit, restrict or
require the use of third party software or
services in connection with the SnyderWebs
Communication, LLC. Services. SnyderWebs
Communication, LLC. retains the right to
change, suspend or terminate your use of the
SnyderWebs Communication, LLC. Service at
any time for any reason, without notice, and
nothing herein shall be construed to limit
that right. For purposes of this Agreement,
Equipment shall mean the modem, router
and/or other equipment provided by
SnyderWebs Communication, LLC. for use with
SnyderWebs Communication, LLC.'s WIFI
service and Software shall mean the software
provided by SnyderWebs Communication, LLC.
in connection with the SnyderWebs
Communication, LLC. Services.
Collection and Use of Personal
Information. SnyderWebs Communication,
LLC. will collect, store, compile and
utilize information about you, your
computer, your phone number and your use of
the SnyderWebs Communication, LLC. Services
including, without limitation, information
regarding the Web sites you visit and
information that you provide in response to
SnyderWebs Communication, LLC.
questionnaires, surveys and registration
forms. SnyderWebs Communication, LLC. may
provide this information to third parties
including advertisers, clients, marketing
organizations and others as further set
forth in SnyderWebs Communication, LLC.'s
Privacy Statement.
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2.0 Your
Obligations
Completion of SnyderWebs Communication,
LLC. Questionnaires, Surveys and
Registration Forms. In exchange for
SnyderWebs Communication, LLC. providing the
SnyderWebs Communication, LLC. Services, you
agree to provide SnyderWebs Communication,
LLC. with accurate and complete information
it may request from time to time through
questionnaires, surveys and registration
forms. You understand that SnyderWebs
Communication, LLC. relies on the
information you supply and that providing
false or incorrect information may result in
provisioning or delivery delays or the
suspension or termination of the SnyderWebs
Communication, LLC. Services. You agree to
promptly notify SnyderWebs Communication,
LLC. whenever your personal or billing
information changes (including for example,
your name, address, telephone number, and
credit card number and expiration date).
You expressly permit and authorize
SnyderWebs Communication, LLC. and its
affiliates (and such third parties as may be
authorized by SnyderWebs Communication, LLC.,
subject to the Privacy Statement) to furnish
you, electronically when you use the
SnyderWebs Communication, LLC. Services or
by any other means selected by SnyderWebs
Communication, LLC., information or
materials prepared by SnyderWebs
Communication, LLC. or by (or on behalf of)
other entities, including advertising
information and solicitations. You
acknowledge that any such information,
advertisements and solicitations are an
inseparable part of the SnyderWebs
Communication, LLC. Service, and you
understand and agree that the furnishing of
such information, advertisements and
solicitations to you cannot be terminated
unless the SnyderWebs Communication, LLC.
Service is also terminated. Notwithstanding
the foregoing, you may elect to not receive
certain information provided by third
parties at the alternate e-mail address you
may have provided to SnyderWebs
Communication, LLC. and your personal
profile may indicate that you are not
currently required to receive such
information from third parties at your
SnyderWebs Communication, LLC. e-mail
address.
Charges and Billing. By using the
SnyderWebs Communication, LLC. Services, you
agree to accept the fees you may incur as a
result of using SnyderWebs Communication,
LLC. Services, including but not limited to,
a) applicable taxes, b) surcharges, c)
recovery fees, d) telephone charges, e)
activation fees, f) installation fees, g)
set-up fees, h) equipment charges, i)
termination fees, j) other nonrecurring
charges, k) fees for supplemental services
or features, l) and purchases made through
the use of SnyderWebs Communication, LLC.
Services. The taxes, fees and other charges
detailed in this paragraph a)-d) may vary on
a monthly basis; any variations will be
reflected in your monthly charge. Subject to
any applicable law, fees and charges for
SnyderWebs Communication, LLC. Services are
non-refundable unless the pricing terms for
the applicable SnyderWebs Communication, LLC.
Service expressly say otherwise. You will be
notified of any applicable fees before you
start incurring liability for such fees and,
by providing your billing information, you
agree that you are liable for payment of
such fees. SnyderWebs Communication, LLC.
reserves the right to change its fees or
billing methods at any time and SnyderWebs
Communication, LLC. will provide thirty days
notice of any such changes in the same
manner as described above for changes in the
Rules and/or scope of SnyderWebs
Communication, LLC. Services. If you do not
like these changes to the fees, billing
methods, or changes to the Rules or the
SnyderWebs Communication, LLC. Services,
because they adversely impact you, you may
terminate the applicable SnyderWebs
Communication, LLC. Services on or after the
date such changes go into effect, and as
your sole and exclusive remedy, you will be
entitled to a pro-rata refund for amounts
prepaid to cover future periods of the
terminated SnyderWebs Communication, LLC.
Service(s) from the date of termination.
You must provide a valid method of payment
(i.e. credit card, checking account, etc.)
prior to and during any times you receive
billable SnyderWebs Communication, LLC.
Services and pricing plans. You expressly
authorize SnyderWebs Communication, LLC. (or
third parties acting on behalf of SnyderWebs
Communication, LLC.) to charge all
SnyderWebs Communication, LLC. subscription
fees and other charges, including payment
transaction fees for certain payment
methods, to the payment method you have
designated. You acknowledge and agree that
SnyderWebs Communication, LLC. will not
obtain any additional authorization from you
for any recurring payments or automatic
billing options. If you have any
billing-related questions or want to stop a
recurring payment from being charged to your
designated payment method, call our billing
support number (1-615-443-1174). Some fees
that you may incur using the SnyderWebs
Communication, LLC. Services may accumulate
on your SnyderWebs Communication, LLC.
account before they are charged to your
designated payment method. Set up fees,
activation fees, installation fees, other
non-recurring fees, and equipment charges,
if applicable, will be included in your
first month's bill. SnyderWebs
Communication, LLC. will assess a late fee
of 1.5% per month (or the highest amount
permissible by law, whichever is less) if
your payment is more than 30 days past due.
You will be liable for any fees SnyderWebs
Communication, LLC. incurs in its efforts to
collect any unpaid balances from you. Any
billing problems or discrepancies must be
brought to SnyderWebs Communication, LLC.'s
attention by you within 90 days from the
date you are billed. If you do not bring
them to SnyderWebs Communication, LLC.'s
attention within 90 days, you agree that you
waive your right to dispute such problems or
discrepancies with SnyderWebs Communication,
LLC.. SnyderWebs Communication, LLC. may
suspend or terminate your use of the
SnyderWebs Communication, LLC. Services if
you fail to provide a valid designated
payment method upon request or if SnyderWebs
Communication, LLC. is unable for any reason
to bill charges to your designated payment
method.
You are responsible for all fees and charges
incurred, including applicable taxes and
purchases made by you or anyone you allow to
use your account, including your children
and other members of your family. This means
that, unless your account or payment method
information is obtained unlawfully or
fraudulently by someone other than those
authorized to use your account, you will be
responsible for all usage and purchases
under your account.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED
BY SnyderWebs Communication, LLC. AND BY
YOUR TELEPHONE SERVICE PROVIDER FOR ALL
CALLS YOU MAKE TO SnyderWebs Communication,
LLC.'S CUSTOMER SUPPORT LINES. CHECK WITH
YOUR LOCAL TELEPHONE SERVICE PROVIDER TO
DETERMINE WHETHER THE ACCESS TELEPHONE
NUMBERS YOU USE TO ACCESS THE SnyderWebs
Communication, LLC. SERVICES ARE PROVIDED AT
NO CHARGE BY YOUR TELEPHONE SERVICE
PROVIDER.
FOR DIAL-UP SERVICE, BY ACCEPTING THE ACCESS
NUMBERS DURING THE REGISTRATION PROCESS OR
USING ACCESS NUMBERS YOU MAY OTHERWISE
SELECT, YOU AGREE THAT YOU ARE SOLELY
RESPONSIBLE FOR ALL TELEPHONE CHARGES
RELATED TO ACCESSING OUR SERVICES AND
SnyderWebs Communication, LLC. WILL NOT
REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING
LONG DISTANCE OR TOLL CHARGES.
You may obtain pricing information for
supplemental services or features, as well
as answers to common billing questions by
going to the SnyderWebs Communication, LLC.
Site.
Minors. If you are less than 18 years
old but older than 12 years old, you should
obtain your parent's permission to use the
SnyderWebs Communication, LLC. Services. You
may not obtain an account for SnyderWebs
Communication, LLC.'s pay services unless
you are at least 18 years old, and you
represent that you are at least 18 years old
by signing up for such services. If you are
less than 13 years old, you are not allowed
to use the SnyderWebs Communication, LLC.
Services without providing SnyderWebs
Communication, LLC. with your parent's
consent in the form required by SnyderWebs
Communication, LLC.. Parents may read
further information and obtain the Parental
Consent Form by going to our Privacy
Statement section entitled "Special Notice
to Parents About Children Under Age 13." If
you are a parent permitting a minor to use
SnyderWebs Communication, LLC. Services, you
agree to (i) exercise supervision over the
minor's use of SnyderWebs Communication, LLC.
Services and access to the Internet, (ii)
assume all risks associated with the minor's
viewing of content received through use of
SnyderWebs Communication, LLC. Services and
the minor's transmission of materials,
content, or information to another person
via the Internet, (iii) assume any and all
liabilities resulting from the minor's use
of SnyderWebs Communication, LLC. Services,
including any and all payment obligations,
and (iv) ensure to the fullest extent
possible the accuracy and truthfulness of
all information submitted by the minor in
response to SnyderWebs Communication, LLC.
questionnaires, surveys and Registration
Forms. SnyderWebs Communication, LLC.
provides information on the SnyderWebs
Communication, LLC. Site regarding parental
control software available through various
third party vendors, but you should know
that such software is not completely
effective in preventing minors' access to
material that is unsuitable for children.
SnyderWebs Communication, LLC. does not
endorse any of these third parties and makes
no representation as to them or their
software.
Registration Information. You must
register for SnyderWebs Communication, LLC.
Services using your own name. During
registration, you will be asked to provide
the name or number you wish to use as your
login identification. If the login
identification you request is not available
you will be asked to supply another login
identification. SnyderWebs Communication,
LLC. reserves the right to verify the
accuracy of the information you submit in
connection with your registration for
SnyderWebs Communication, LLC. Services
(including, without limitation, performing
cross tabulations with external databases)
and you hereby consent to SnyderWebs
Communication, LLC.'s verification of such
information.
Bypassing or Disabling Any Portion of the
SnyderWebs Communication, LLC. Services or
Software. If you bypass or disable any
portion of the SnyderWebs Communication, LLC.
Services or Software, including, without
limitation, the blocking of cookies, or if
you attempt to circumvent SnyderWebs
Communication, LLC.'s billing of you in any
way, you are in violation of the Rules and
we may suspend or terminate your use of
SnyderWebs Communication, LLC. Services
without notice. Termination of your
SnyderWebs Communication, LLC. Services will
not excuse you from any criminal or other
civil liabilities that may result from your
actions. If your SnyderWebs Communication,
LLC. Service is terminated for any reason
you will be unable to access your SnyderWebs
Communication, LLC. account, including any
undelivered e-mail messages in your
SnyderWebs Communication, LLC. e-mail
account.
Accessing SnyderWebs Communication, LLC.
Services. You are responsible for
obtaining and maintaining, at your own
expense, all input/output devices or
equipment (such as modems, terminal
equipment, computer equipment and software)
and communications services (including,
without limitation, long distance or local
telephone services) necessary to access the
SnyderWebs Communication, LLC. Services and
for ensuring such equipment and services are
compatible with SnyderWebs Communication,
LLC.'s requirements. If you subscribe to
SnyderWebs Communication, LLC. WIFI service,
SnyderWebs Communication, LLC. will provide
you with the Equipment. You are responsible
for maintaining the Equipment. If you are
purchasing a Service from SnyderWebs
Communication, LLC. that does not include
Internet access, you are responsible for
obtaining, at your own expense, such
Internet access from SnyderWebs
Communication, LLC. or another provider.
Use of your SnyderWebs Communication, LLC.
Account. You are responsible for all use
of your SnyderWebs Communication, LLC.
Services and for the security of your login
identification, your password and any
security lock code that you use to protect
access to your data, SnyderWebs
Communication, LLC. personal profile, your
file name(s) and files, network and user
access, and any information you disseminate
through use of SnyderWebs Communication, LLC.
Services or through other Internet services.
Except as expressly allowed in the Rules,
you may not transfer or permit any other
person to use your SnyderWebs Communication,
LLC. account. You may not use more than one
login session at a time, even if you
maintain more than one SnyderWebs
Communication, LLC. account.
No Resale of SnyderWebs Communication,
LLC. Services and SnyderWebs Communication,
LLC. Site. The SnyderWebs Communication,
LLC. Services are for personal,
non-commercial use of registered users only
and may not be copied, resold, leased,
transferred, exchanged or bartered. If you
accessed the SnyderWebs Communication, LLC.
dial-up Internet access service through a
CD-ROM disc or diskette, you may give the
disc or diskette to friends and family, but
you may not sell it or copy it.
Transmission and Receipt of Content.
SnyderWebs Communication, LLC. exercises no
control over the content of information
passing through its network or equipment.
Disputes may arise between you and others or
between you and SnyderWebs Communication,
LLC. related to such content or commerce.
Such disputes could involve, among other
things, the use or misuse of domain names;
the infringement of copyrights, trademarks
or other rights in intellectual property;
defamation; fraud; the use or misuse of
information; and problems with online
auction or commerce transactions. You agree
that all claims, disputes or wrongdoing that
result from, or are related in any way to,
the content of information that you
transmit, re-transmit or receive through
SnyderWebs Communication, LLC.'s network or
equipment are your sole and exclusive
responsibility.
E-mail. The SnyderWebs Communication,
LLC. e-mail service and network including,
without limitation, e-mail addresses, is
owned by SnyderWebs Communication, LLC. and
SnyderWebs Communication, LLC. establishes
practices and limits concerning your e-mail
account, which practices and limits may be
changed from time to time. Limits may
include, without limitation, the period of
time your e-mail will be retained; the
number, size and type of e-mail messages and
attachments you may send and receive; and
the amount of space allocated to your e-mail
storage. E-mail in inactive or terminated
accounts may be deleted in accordance with
SnyderWebs Communication, LLC.'s policies.
You agree to use SnyderWebs Communication,
LLC. e-mail services only to send and
receive personal messages. SnyderWebs
Communication, LLC. prohibits unsolicited
e-mail to be sent or received through the
Services, and uses a variety of techniques
to eliminate or minimize e-mail or
attachments that SnyderWebs Communication,
LLC. in its sole discretion believes are
unsolicited, inappropriate, or harmful. In
doing so, SnyderWebs Communication, LLC. may
block or delete e-mail or attachments sent
by you or to you, even though such e-mail or
attachments may not be unsolicited,
inappropriate, or harmful. You understand
that unless otherwise specified in your
service level or plan terms, SnyderWebs
Communication, LLC. does not utilize
anti-virus software or services to scan for
viruses. If your service level or plan terms
do include anti-virus software or services,
you understand that not all viruses can be
detected and/or cleaned, even with
anti-virus protection. You are responsible
for any damages caused by your decision to
download any e-mail or attachments.
You agree that SnyderWebs Communication, LLC.
is not responsible for any e-mail or
attachments that are blocked or deleted for
any reason and that you have no right, and
SnyderWebs Communication, LLC. has no
obligation, to retrieve or access any such
deleted or blocked e-mail or attachments.
You agree that SnyderWebs Communication, LLC.
is not responsible for any e-mail or
attachments that it fails to block or
delete, even if such e-mail or attachments
contain viruses or are otherwise harmful to
your computer.
Without limiting the generality of
SnyderWebs Communication, LLC.'s rights as
set forth in this Agreement, SnyderWebs
Communication, LLC. reserves the right to
change your e-mail address and associated
member ID if, in SnyderWebs Communication,
LLC.'s sole discretion, it is inappropriate
or infringes on the rights of a third party.
SnyderWebs Communication, LLC. may, from
time to time, place a message and or a
hypertext link geared to promoting the
benefits of SnyderWebs Communication, LLC.
Services or a third party sponsor in the
footer location of outgoing e-mail messages
transmitted from your account. You agree to
permit SnyderWebs Communication, LLC. to
include such messages or links in e-mail
messages you transmit and agree not to
alter, obscure or remove such messages or
links. You may not incorporate a third
party's trademark within your SnyderWebs
Communication, LLC. e-mail address without
permission of the trademark owner.
Software Downloads. As part of the
SnyderWebs Communication, LLC. Service,
SnyderWebs Communication, LLC. may from time
to time download software owned by
SnyderWebs Communication, LLC. or third
parties to your computer. Your use of the
SnyderWebs Communication, LLC. Services
constitutes your consent to such downloads.
Links to Third Party Sites. The
SnyderWebs Communication, LLC. Services
contain links to other sites on the Internet
that are owned and operated by third
parties. In some instances these sites are
co-branded and the third parties are
entitled to use SnyderWebs Communication,
LLC.'s name and logo on these sites.
SnyderWebs Communication, LLC. does not
control the information, products, or
services on these third party sites. The
inclusion of any link does not imply
endorsement by SnyderWebs Communication, LLC.
of the site or any association with their
operators. Because SnyderWebs Communication,
LLC. has no control over such sites and
resources, you agree that SnyderWebs
Communication, LLC. is not responsible or
liable for the availability or the operation
of such external sites, for any material
located on or available from any such sites,
or for the protection of your privacy data
by third parties. Any dealings with or
participation in promotions of advertisers
through the SnyderWebs Communication, LLC.
Services, including the payment and delivery
of related goods or services, and any other
terms, conditions, warranties, or
representations associated with such
dealings or promotions, are solely between
you and the advertiser or other third party.
You further agree that SnyderWebs
Communication, LLC. shall not be responsible
or liable, directly or indirectly, for any
loss or damage caused by the use of or
reliance on any such material available on
or through any such site or any such
dealings or promotions.
System Management and Service
Performance. You are solely responsible
for obtaining, installing, configuring, and
maintaining suitable equipment and software,
including any necessary system or software
upgrades, patches or other fixes, which are
or may become necessary to access the
SnyderWebs Communication, LLC. Services and
to operate your computer. You understand
that bandwidth is provided on a per-line
basis, and that the speed and bandwidth
available to each computer or device
connected to the network may vary depending
upon the number, types and configuration of
computers or devices using the SnyderWebs
Communication, LLC. Services and the type of
use (e.g., streaming media or downloading
larger files, etc.), network or Internet
congestion, and/or the condition of your
telephone line and the wiring inside your
location, among other factors.
Monitor of Network Performance.
SnyderWebs Communication, LLC. and its third
party service providers may measure and
monitor network performance and the
performance of your Internet connection. We
also will access and record information
about your computer's profile and settings
and the installation of software we provide
in order to provide customized technical
support and you agree to permit us to access
and record such data for the purposes
described in this Agreement. You hereby
consent to SnyderWebs Communication, LLC.'s
monitoring of your Internet connection and
network performance, and the access to and
adjustment of your computer settings, as
they relate to the SnyderWebs Communication,
LLC. Services, Software, or other services
which we may offer from time to time.
Indemnification of SnyderWebs
Communication, LLC.. YOU AGREE TO
DEFEND, INDEMNIFY AND HOLD SnyderWebs
Communication, LLC. AND ITS SUPPLIERS,
SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND
AFFILIATES HARMLESS FROM AND AGAINST ANY AND
ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND
COSTS (INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS' FEES AND COURT COSTS)
(COLLECTIVELY, CLAIMS) ARISING OUT OF OR
RELATING TO YOUR BREACH OF ANY OF THESE
RULES OR USE (BY YOU OR ANY THIRD PARTY) OF
SnyderWebs Communication, LLC. SERVICES
THROUGH THE SnyderWebs Communication, LLC.
ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE
EXTENT SUCH CLAIMS DIRECTLY RESULT FROM
SnyderWebs Communication, LLC.'S OWN GROSS
NEGLIGENCE. THE FOREGOING INDEMNIFICATION
OBLIGATION SHALL SURVIVE ANY TERMINATION OF
SnyderWebs Communication, LLC. SERVICES
PROVIDED TO YOU.
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3.0 Termination
and Cancellation
Either you or SnyderWebs Communication, LLC.
may terminate or cancel your account at any
time. Except as specified herein, you will
not be entitled to a refund. Other than to
receive a return of refundable amounts as
further described herein, cancellation is
your sole remedy with respect to any dispute
with SnyderWebs Communication, LLC.. This
includes, but is not limited to, any dispute
regarding the SnyderWebs Communication, LLC.
Services, the Rules and the enforcement or
interpretation of the Rules, SnyderWebs
Communication, LLC.'s policies and practices
including our privacy policy, your ability
to access the SnyderWebs Communication, LLC.
Services, the content available on the
SnyderWebs Communication, LLC. Services, and
any matters relating to billing. You can
cancel your SnyderWebs Communication, LLC.
Services by following the instructions on
the SnyderWebs Communication, LLC. Site. The
SnyderWebs Communication, LLC. Site will
contain a current Customer Service phone
number.
Service Ready Date. Billing for your
SnyderWebs Communication, LLC. dial-up
Service will automatically begin upon
registration of your service. Billing for
your SnyderWebs Communication, LLC. WIFI
service will automatically begin on the date
provisioning of your WIFI service is
complete and ready for use ("Service Ready
Date"). Please note that the Service Ready
Date is not determined by the date you
install and/or initially use the WIFI
service, but rather the date the WIFI
service is provided to your location by
SnyderWebs Communication, LLC.’s service
provider.
Money Back Guarantee. SnyderWebs
Communication, LLC. may provide a thirty
(30) day money back guarantee for the
SnyderWebs Communication, LLC. Services (see
your service plan description.) If your plan
includes a money back guarantee, your thirty
(30) day money-back guarantee begins upon
the date SnyderWebs Communication, LLC.
begins billing you for the SnyderWebs
Communication, LLC. Service as described in
the previous section. During this thirty
(30) day period you may cancel the
SnyderWebs Communication, LLC. Service and
receive a full refund of the monthly charge
you have actually paid to SnyderWebs
Communication, LLC. as well as any
activation charges paid to SnyderWebs
Communication, LLC.; provided, however, in
order to receive your refund you must return
all Equipment to SnyderWebs Communication,
LLC. in good working condition within thirty
(30) days of termination. SnyderWebs
Communication, LLC. will provide you with a
pre-paid mailing label and instructions for
the return of your Equipment. In the event
you fail to return the Equipment within
thirty (30) days, you will be unable to
receive your refund. Early termination fees
will not apply to SnyderWebs Communication,
LLC. Service terminated within the thirty
(30) day money-back guarantee period. The
thirty (30) day money-back guarantee does
not apply to customers who change between
monthly, annual, bundle or other SnyderWebs
Communication, LLC. Service pricing plans.
The money-back guarantee is limited to one
per subscriber per address.
WIFI or Dial-up Subscribers with
Month-to-Month Accounts. If you are a
month-to-month WIFI service or dial-up
service customer (e.g., you have fulfilled
your minimum commitment or your subscription
plan did not include a minimum commitment),
either you or SnyderWebs Communication, LLC.
may terminate this Agreement without cause
by giving notice to the other. Termination
by you will be effective upon your notice to
SnyderWebs Communication, LLC.. Activation
or set-up fees paid at the initiation of
your SnyderWebs Communication, LLC. Service,
if any, are not refundable, except during
the thirty (30) day money-back guarantee
period. Additionally, if your SnyderWebs
Communication, LLC. Service plan includes a
minimum term commitment and such SnyderWebs
Communication, LLC. Service is terminated
for any reason prior to the completion of
your minimum commitment, you agree to pay
SnyderWebs Communication, LLC. the Early
Termination Fee set forth in your plan
description. Termination by SnyderWebs
Communication, LLC. shall be effective
thirty (30) days after the date of notice to
you, except as otherwise provided in this
Agreement. In the event of termination by
SnyderWebs Communication, LLC., for any
reason, you will be required to pay the
remaining balance of the charges applicable
to your Service through the effective date
of termination.
Early Termination Fee. Your
SnyderWebs Communication, LLC. Service may
include a minimum term commitment (see your
service plan description). Your minimum term
begins on the billing start date as
described in the foregoing section titled
"Service Ready Date". IN THE EVENT THAT YOU
TERMINATE YOUR SnyderWebs Communication, LLC.
SERVICE BEFORE SATISFYING THE MINIMUM
COMMITMENT UNDER YOUR PLAN, THEN YOU AGREE
TO PAY SnyderWebs Communication, LLC. UPON
DISCONTINUANCE OF THE SERVICE A TERMINATION
FEE AS SET FORTH IN YOUR PLAN DESCRIPTION
(THE "EARLY TERMINATION FEE"). In addition
to any applicable Early Termination Fee, you
will be required to pay the remaining
balance of the charges applicable to your
SnyderWebs Communication, LLC. service
through the effective date of termination.
If you terminate WIFI service at your
location, your existing plan may not be
carried over to a new location.
Termination and/or Suspension by
SnyderWebs Communication, LLC..
SnyderWebs Communication, LLC. may terminate
the SnyderWebs Communication, LLC. Services
upon notice to you for any reason.
Additionally, if, in the sole discretion of
SnyderWebs Communication, LLC.: (a) you are
in breach of any of the terms of this
Agreement, including, but not limited to,
all policies regarding abuse and acceptable
use of the SnyderWebs Communication, LLC.
Services; (b) your use of the SnyderWebs
Communication, LLC. Services is prohibited
by law or is disruptive to, adversely
impacts, or causes a malfunction to the
SnyderWebs Communication, LLC. Services or
the use and enjoyment of other users; or (c)
SnyderWebs Communication, LLC. receives an
order from a court to terminate your
service; (d) if SnyderWebs Communication,
LLC. for any reason ceases to offer a
SnyderWebs Communication, LLC. Service
entirely or in a particular geographic area
or specific location; or (e) if you no
longer live in an area where SnyderWebs
Communication, LLC. provides the SnyderWebs
Communication, LLC. Service for which you
subscribed, then SnyderWebs Communication,
LLC. at its sole election may terminate or
suspend your SnyderWebs Communication, LLC.
Service immediately without notice. For
termination in accordance with this Section,
you shall be liable for the applicable fees
and/or Equipment charges set forth in
previous paragraphs (depending on which fees
or charges are applicable).
Post-Termination. Upon termination,
you will have no right to continue to use
the SnyderWebs Communication, LLC. Services
or access any stored content previously
maintained in your account, including any
previously delivered e-mail messages and
other stored content.
Regulatory Compliance. In the event there is
a ruling, regulation, or order issued by a
judicial, legislative or regulatory body
that causes SnyderWebs Communication, LLC.
to believe that this Agreement may be in
conflict with such rules, regulations, and
orders, SnyderWebs Communication, LLC. may
terminate or modify the SnyderWebs
Communication, LLC. Services and/or this
Agreement immediately without notice.
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4.0 Warranty
Disclaimers
YOU ACKNOWLEDGE THAT SnyderWebs
Communication, LLC. SERVICES ARE PROVIDED
"AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY
OF ANY KIND INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY WITH RESPECT TO THE QUALITY,
PERFORMANCE OR FUNCTIONALITY OF THE
SnyderWebs Communication, LLC. SERVICES OR
WITH RESPECT TO THE QUALITY OR ACCURACY OF
ANY INFORMATION OBTAINED FROM OR AVAILABLE
THROUGH USE OF SnyderWebs Communication, LLC.
SERVICES OR THAT SnyderWebs Communication,
LLC. SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. SnyderWebs Communication, LLC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, WARRANTIES OF TITLE,
FITNESS FOR A PARTICULAR PURPOSE ,
MERCHANTABILITY OF COMPUTER PROGRAMS AND
INFORMATIONAL CONTENT. SnyderWebs
Communication, LLC. DOES NOT GUARANTEE THAT
USERS WILL BE ABLE TO ACCESS OR USE THE
SnyderWebs Communication, LLC. SERVICES AT
TIMES OR LOCATIONS OF THEIR CHOOSING, OR
THAT SnyderWebs Communication, LLC. WILL
SERVICE OR HAVE ADEQUATE CAPACITY IN ANY
SPECIFIC GEOGRAPHIC AREA. SnyderWebs
Communication, LLC. DOES NOT WARRANT THAT
SnyderWebs Communication, LLC. SERVICES ARE
COMPATIBLE WITH ANY THIRD PARTY SERVICE OR
SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS,
REPRESENTS OR WARRANTS THAT SUCH SERVICE OR
SOFTWARE IS COMPATIBLE WITH ANY INTERNET
ACCESS SERVICE OR SnyderWebs Communication,
LLC. SERVICES IN PARTICULAR.
The SnyderWebs Communication, LLC. Service
you select may not be available in all
areas, may not be available at the rates,
speeds, or bandwidth generally marketed, and
some telephone lines may not qualify for
SnyderWebs Communication, LLC. Services even
if initial testing showed that your line was
qualified. SnyderWebs Communication, LLC. or
its suppliers may, at any time, without
notice or liability, restrict the use of
SnyderWebs Communication, LLC. Services or
limit their time of availability in order to
perform maintenance activities and to
maintain session control.
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5.0 Limitation of SnyderWebs Communication, LLC.'s Liability
IN NO EVENT SHALL SnyderWebs Communication,
LLC. BE LIABLE UNDER ANY SECTION OF THESE
TERMS OF SERVICE OR UNDER CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL OR EQUITABLE THEORY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF USE, LOST PROFITS, LOSS
OF DATA OR INFORMATION OF ANY KIND OR LOSS
OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER
OR NOT SnyderWebs Communication, LLC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGES. SnyderWebs Communication, LLC.
SHALL NOT BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY AND IN NO EVENT SHALL SnyderWebs
Communication, LLC.'S LIABILITY TO YOU
EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR
ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO
SnyderWebs Communication, LLC. FOR THE
APPLICABLE SERVICE FOR THE PRIOR MONTH. NO
ACTION, REGARDLESS OF FORM, ARISING OUT OF
THESE RULES OR OUT OF THE SnyderWebs
Communication, LLC. SERVICES MAY BE BROUGHT
BY YOU OR SnyderWebs Communication, LLC.
MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH
GAVE RISE TO THE CAUSE OF ACTION HAS
OCCURRED. Some jurisdictions do not allow a
limitation on liability for negligence that
causes death or personal injury and, in such
jurisdictions, SnyderWebs Communication,
LLC.'s liability shall be limited to the
greatest extent permitted by law.
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6.0 Policy to
Terminate Use of Services for Copyright
Infringement
Pursuant to 17 U.S.C. § 512 as amended by
Title II of the Digital Millennium Copyright
Act, SnyderWebs Communication, LLC. will
terminate the account of any subscriber who
uses his or her account privileges to
unlawfully transmit copyrighted material
without a license, valid defense or fair use
privilege to do so. After proper
notification by the copyright holder or its
agent to SnyderWebs Communication, LLC. and
later confirmation through court order or an
admission by the subscriber that an account
has been an instrument of unlawful
infringement, SnyderWebs Communication, LLC.
will terminate the infringing subscriber's
account. SnyderWebs Communication, LLC. may
also in its sole discretion decide to
terminate a subscriber's account privileges
prior to that time if it has good faith
belief that infringement has occurred. In
addition, pursuant to 17 U.S.C. § 512(c),
SnyderWebs Communication, LLC. has
implemented procedures for receiving written
notification of claimed infringements and
for processing such claims in accordance
with the Act. SnyderWebs Communication, LLC.
respects the intellectual property of
others, and we ask our subscribers to do the
same.
If you believe that your copyright has been
infringed through the use of a SnyderWebs
Communication, LLC. account, please contact
SnyderWebs Communication, LLC. via mail at:
Copyright Agent - SnyderWebs Communication,
LLC., Inc. 132 Stonehouse Dr., Gallatin, TN
37066.
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7.0 Software
License
Except as otherwise set forth in the End
User License Agreement provided with the
Equipment, the following will govern your
use of the Software.
SnyderWebs Communication, LLC. grants to you
a personal, non-transferable, non-exclusive
license to use the Software (in object code
form only) as a part of the SnyderWebs
Communication, LLC. Services subject to the
terms and conditions of the Rules. The
Software is licensed, not sold, to you by
SnyderWebs Communication, LLC. and may be
used only to connect to the SnyderWebs
Communication, LLC. Service from locations
that SnyderWebs Communication, LLC. may
authorize.
You may copy and archive the Software, and
you may distribute copies of the Software to
third parties, provided that all such copies
contain the same copyright notice and
proprietary markings as are on the original
Software; and provided further that you do
not sell, transmit or otherwise dispose of
any copy for compensation or as part of a
commercial offer. Notwithstanding the
foregoing, SnyderWebs Communication, LLC.
may, at any time, and in its sole
discretion, prohibit your distribution or
your further distribution of the Software to
third parties and require you to discontinue
any such activity.
You may be required to install any updates,
enhancements or upgrades to the Software
provided by SnyderWebs Communication, LLC.,
although SnyderWebs Communication, LLC. is
not obligated to provide such updates,
enhancements or upgrades. Such updates,
enhancements or upgrades shall be deemed a
part of the Software.
You agree not to translate, reverse
engineer, reverse compile, disassemble or
make derivative works from the Software. You
agree not to modify the Software in any
manner or form, or to use modified versions
of the Software including, without
limitation, for the purpose of obtaining
unauthorized access to the SnyderWebs
Communication, LLC. Service or disabling
features of the Software or SnyderWebs
Communication, LLC. Service. Except as may
be permitted by SnyderWebs Communication,
LLC., you agree not to access the SnyderWebs
Communication, LLC. Service by any means
other than through the interface that is
provided by SnyderWebs Communication, LLC.
or its partners for use in accessing the
SnyderWebs Communication, LLC. Service.
The Software includes certain cryptographic
software that may be subject to any
applicable export controls, including the
U.S. Export Administration Act. The Software
may not be exported to any country or to any
foreign entity or "foreign person" to the
extent prohibited under applicable
government regulations. By downloading or
using the Software, you are acknowledging
and agreeing to the foregoing limitations on
your right to export or re-export the
Software, and are also representing and
warranting that you are neither on any
applicable government's lists of export
precluded parties nor otherwise ineligible
to receive software containing cryptography
that is subject to any applicable export
controls.
You acknowledge and agree that (i) you are
not acquiring the license granted hereunder
on behalf of a government agency and (ii)
the license granted hereunder is not being
acquired pursuant to a government contract.
You acknowledge that SnyderWebs
Communication, LLC. and its suppliers retain
all title, rights (including, without
limitation, intellectual property rights)
and interest in the Software, except as
expressly licensed in this Agreement. All
rights in the content, information and
materials accessed through use of the
Software are the property of the applicable
content owner and may be protected under
intellectual property and other applicable
laws. You agree that SnyderWebs
Communication, LLC.'s suppliers are direct
and intended third party beneficiaries of
this Agreement.
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8.0 Miscellaneous
Liability Limitation. SnyderWebs
Communication, LLC. shall not be liable for
nonperformance or delay in performance
caused by any reason, whether within or
outside of its control.
SnyderWebs Communication, LLC. Voice
Services. Subscribers to the SnyderWebs
Communication, LLC. Services may also
automatically be subscribed to a SnyderWebs
Communication, LLC. Voice service account as
described at www.SnyderWebs Communication,
LLC.voice.com. The SnyderWebs Communication,
LLC. Voice services are provided by United
Online Communications, Inc., an affiliate of
SnyderWebs Communication, LLC., and are
subject to the United Online Communications,
Inc. terms and conditions. Such terms and
conditions are incorporated by reference
into the Rules. The voice communications
services are provided as a courtesy, are not
an integral part of, or included with, any
SnyderWebs Communication, LLC. Services even
if you are paying subscription fees for
SnyderWebs Communication, LLC. Services, and
United Online Communications, Inc. may
discontinue such complimentary voice
communications service at any time.
Entire Agreement. These Rules (as may be
modified by updated Rules on the SnyderWebs
Communication, LLC. Site) together
constitute the sole agreement between
SnyderWebs Communication, LLC. and you
respecting the subject matter hereof and
fully supersede any and all other
agreements, either oral or in writing,
including the Software License Agreement you
may have accepted prior to downloading or
installing the Software. You acknowledge and
agree that you have read the Rules and
understand and accept their terms.
Legal Actions. These Rules will be governed
by and construed in accordance with the laws
of the State of Tennessee, excluding its
conflict of laws principles. The exclusive
personal jurisdiction of and venue for all
disputes arising out of these Rules shall be
the state and federal courts located in
Lebanon, Tennessee, USA and you consent to
such exclusive jurisdiction and waive all
objections to such jurisdiction and venue.
Severability. If any provision of these
Rules is held to be unenforceable for any
reason, such provision shall be reformed
only to the extent necessary to comply with
applicable laws, and the remainder shall
remain in full force and effect.
No Waiver. Any failure of SnyderWebs
Communication, LLC. to enforce any provision
of these Rules shall not constitute a waiver
of any rights under such provision or any
other provision of these Rules.
For the purposes of this Agreement,
references to including shall mean
"including, without limitation," unless such
reference is already included.
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9.0 How to Contact
Us
A list of ways to contact SnyderWebs
Communication, LLC. is available at
http://www.gallatin.net/contact.htm .
10.0 Refund Policy
See
Section 3.0
above. No
Refunds are available but we will work with
you to try to resolve your problem to the
best of our ability.
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