End User / Subscriber Agreement
- ACCEPTANCE OF AGREEMENT. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the Company's services, including but not limited to access to the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
- WIRELESS INTERNET SERVICE. If you are a broadband wireless customer, the Company will provide you with wireless access to the Internet, subject to the terms and conditions set forth herein (the "Service"). Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until service is installed and tested for a few weeks before assuming that service will be available and of good quality.
- SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Company relies on the information you supply and that providing false or incorrect information may result in additional fees, service delays or the suspension or termination of your Service. You agree to promptly notify Company whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree that your username and password and changes to both of these items are your responsibility.
GENERAL PRICING AND FEES. Company's prices are shown in the Pricing Schedule and you will be charged based on the plan and options you select during the ordering process. All prices are locked in for the term of 12 months. At the end of the contract term, the Company may elect to alter it’s pricing for any particular renewal at the Company’s discretion.
A Subscriber who selects a "1 Year Contract" plan (an "Annual Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such Annual Subscriber at the time of order. Such monthly prices for Annual Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber and will pay Company's then current prices, subject to increase as described above, unless such Subscriber registers for a new "1 Year Contract" plan at such time, to the extent available. An Annual Subscriber may upgrade or downgrade their Service to a different speed plan during their initial (12) month Term. Any such Annual Subscriber so upgrading or downgrading may, at the time of upgrade or downgrade, in which case such Subscriber shall continue to be subject to all of the terms and conditions of this Agreement for the remainder of such Subscriber's initial twelve (12) month Term and following such initial Term, such Subscriber will automatically become a Monthly Subscriber and will pay Company's then current prices, subject to increase as described above.
In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, installation fees, equipment deposits, the first month fees or prorated portion thereof, network usage and surcharges, including charges imposed against Company by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge.
You may change your plan speed at any time. A fifty dollar ($50.00) downgrade fee will apply to any Subscriber DOWN GRADING their service.
Promotional packages are only available to first time Company subscribers.
- SETUP AND ACTIVATION FEES. Upon entering into this Agreement, a non-refundable setup fee (fifty dollars ($50.00) will apply to all subscribers which includes installation, cabling, and configuration.
PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specified in writing as part of a marketing promotion. There are no pro-rated refunds for unused time, including for pre-paid plans, such as annual plans (i.e., if a subscriber pre-pays for an entire year, no amount of that prepayment will be refunded, even if the service is canceled before the end of that year). Unless otherwise stated in the Pricing Schedule, Company will invoice and charge the Customer Credit Card on file of the Subscriber monthly. The Company bills for services in advance. Commercial Subscribers agree to pay within twenty (20) days from receipt of an invoice. If a Subscriber does not pay an invoice within such twenty (20) day period, Company may deny, discontinue or otherwise suspend such Subscriber's Service until full payment is received. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge.
Any account which goes into collection status will be transferred to a third-party collection agency and might incur a forty-five dollar ($45.00) processing fee and all other applicable fees and charges, which the Subscriber agrees to pay.
Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks and Echecks (ACH), and possibly failed credit card authorizations for any reason. Subscribers might incur a twenty-five dollar ($25.00) service charge on disputed credit card charges and credit card chargebacks.
ACCOUNT BILLING. All billing statements will be sent via e-mail. All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by the Company, your account with the Company will be immediately disabled and you might be charged a twenty-five dollar ($25.00) service charge.
All billing disputes should be directed to the Billing Department. Any billing disputes done through a financial institution can result in the immediate cancellation of the Internet account for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied. A twenty-five dollar ($25.00) return payment fee will be assessed on all returned payments (checks, Echecks or ACH).
The subscriber is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by the Company. Under no circumstances will the Company be held liable for fees incurred by the subscriber's financial institution. Service will be suspended, and ultimately cancelled, if proper payment is not made. To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid.
- RATE CHANGES. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. Contracts will remain in force until such time as they expire and then new pricing may be applied. Otherwise, the service under renewed contract will be billed at the new rate. This Agreement hereby super-cedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
EQUIPMENT. Modems/APs (access points) are available via the Company and a deposit is required to activate the service. End users cannot provide their own modem or AP, as the company will be unable to provide any technical support for end user provided modems/APs. In addition, the company cannot guarantee that an end user provided modem will work with the Company's service. Once the account is paid in full, and the Customer has returned the equipment in good working order, the deposit will be returned to the Customer within 30 days of closing of the account. Should the equipment not be returned, or is returned with broken or missing pieces or parts, the deposit shall not be returned.
Upon cancelling the Service with the Company, should the Customer not return the equipment AND not make good on the deposit (e.g. cancel or dispute the credit card charge for same), shall result in an additional recovery fee of $200 and the matter turned over to a collection’s agency.
The return of the leased equipment to the Company is at the cost of the Subscriber only. The Company is not responsible for providing any return shipping boxes or labels, nor is the Company responsible for crediting or refunding the Subscriber any monies paid for mailing or shipping the leased modem. Subscribers who do not deliver, ship, or mail the leased modem back to the Company in a manner that will provide them with a Tracking Number or Shipping Number from their chosen shipping company (Postal Service, UPS, DHL, etc.) are solely responsible for the full ninety-nine dollar ($150.00) purchase cost of the modem if the Company does not receive the package.
- Mounting and positioning points on the Customer’s buildings, home(s), structures, or apartments or other properties are required for the Rodeo system to function. Therefore the subscriber warrants and guarantees they have the right or permission to mount the CPE on their property or physical spaces. The Customer also gives permission for Rodeo technicians to install the CPE as needed, where needed on said properties. The Customer agrees to hold harmless Rodeo internet for any specific faults, damages, leakage, wind damage, or other damage to property, physical structures, or buildings where the Rodeo technician places the equipment.
- It is further agreed by the Customer that they shall not in any way move, adjust, re-cable, change or modify the setting, mount point, or other configuration or placement as was performed by the Rodeo technician. Should any modification of any type by the Customer cause the service to stop working, the Customer shall be liable for any repairs, equipment, or labor necessary to correct the fault and return the Rodeo service to good working order.
- TERM. This Agreement is effective as provided above and shall continue until terminated by Subscriber or Company pursuant to this Agreement. The billing cycle is defined as the first (1st) of each month, and the prorated portion if any is when the customer first signed up for service extending to the end of that same month. . An Annual Subscriber is on a twelve (12) month term beginning on the day such Subscriber accepts the terms of this Agreement as provided above. Following the initial twelve (12) month Term, the Customer has the right to renew and annual contract at the existing contract rate, or to go to a month-month billing plan at a higher rate.
TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing Company with a thirty (30) day notice in the form of a phone call or other valid written termination request as determined by the Company, and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Company receives Subscriber's phone request, or other valid written termination request. An Annual Subscriber's termination, if received by Company at least thirty (30) days prior to the end of their twelve (12) month term, will be effective at the end of such twelve (12) month term, unless such Annual Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 11, if Company receives a phone or valid written termination request from a Subscriber, Company may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 11. If this Agreement is terminated prior to the end of an Annual Subscriber's twelve (12) month term, such Annual Subscriber must pay, in addition to all fees and other charges accrued or otherwise payable under the terms of this Agreement, an early termination fee in the amount of two hundred and fifty dollars ($250.00) ("Early Termination Fee"). In the event an Annual Subscriber terminates this Agreement prior to the end of their twelve (12) month term because of a service-related problem not caused by the Subscriber that Company has failed to cure after what Company determines in its sole discretion to be a reasonable amount of time based on the circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee. For such waiver to apply the reason for the waiver stated above must have occurred before termination and the Subscriber must report such reason for termination to Company in its valid written termination request. Company must in turn be given the opportunity to resolve the problem and the Subscriber must be willing to troubleshoot with Company as well as be available for and authorize the dispatch of a network Company technician. Company does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber's telephone number will never constitute a termination request.
A written termination request is valid only if it includes your full name,phone number (if applicable), main username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:
- Via fax at 1.877.418.3521
Via mail to:
Rodeo Internet Services
Attn: Subscription Cancellation
1397 Port Drive
Clarkston, Wa 99403
TERMINATION BY COMPANY. If, in Company's sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Company's servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with Company's technical support staff, customer service staff or any other Company employees or representatives; (d) Company receives an order from a court to terminate a Subscriber's Service; or (e) Company for any reason ceases to offer the Service, then Company at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the Early Termination Fee and equipment charges set forth herein, if applicable.
In addition any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
TERMINATED SUBSCRIBER. Company, in its sole discretion may refuse to accept a Subscriber's application for renewal following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by Company, may enter into a new Agreement and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber's use of the Service, Company has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.
In addition there is no discount for the Company to forward your email or website, if you choose to terminate your account with the Company. For this reason, it is recommended that you continue your account with the Company for as long as necessary for forwarding purposes. As long as the Company forwards your email or website, you will need to continue your account with the Company.
- SPEED OF SERVICE. Speed rate for subscribers depends upon the Subscriber's plan and circuit capabilities, type internet activity, environmental and atmospheric conditions, power, electrical or radio frequency interference, user loading on the local network, and other factors. The maximum speed for the circuit is stated under optimal conditions and may vary significantly. Speeds are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual speed). Actual speeds that fit the 80% of the minimum throughput criteria are considered acceptable and within contracted tiers. All Services are provided on an AS IS basis and throughput speeds are not guaranteed.
- INSTALLATION. Unless otherwise requested by the Subscriber, the first available installation date will be provided. Any installation date provided to a Subscriber is only an estimate and is no way a guaranteed installation date. Subscribers understand and agree that there may be circumstances that delay a Subscribers estimated installation date and any such delay will not be considered a breach of this Agreement by Company. Payment for your initial month's service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your turn-on date in order for your setup instructions and account information to be released to you. If your payment is not received by the Company upon application for an account, you will NOT receive a turn-on date, and furthermore you will be responsible for the service fees even though your account and setup information has not been provided to you. A Subscriber's AP, Router, or switch must be equipped with an Ethernet Network Interface (NIC) card for proper operation. Company does not include a PCI NIC card as part of the service package.
- SELF-INSTALLATION. Rodeo does not allow “self installation” .
- PROFESSIONAL INSTALLATION. Subscribers must use Rodeo professional installation services for a one-time fee of $50 to install the service.
- LIMITATIONS OF WIRELESS SERVICES. Wireless service is subject at varying times to atmospheric and electrical or radio based interference. Should the subscriber be in a location where the RFI, EMI, or Atmospheric interference (such as smoke, precipitation, dust storms etc), cause the service to be intermittent, they shall NOT be entitled to a refund of any portion of the service fee for that period of time. Rodeo technicians may be dispatched at the Customer’s request to attempt to trouble shoot local EMI and RFI issues at a rate of $150 (one hundred fifty dollars) per hour. No guarantees are made that the EMI and RFI may be mitigated by such action, and the fees for the trouble call shall be due in any case
- VIRTUAL DOMAINS. You acknowledge that the registration of a domain name confers no legal right (including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.
- SUBSCRIBER PREMISE EQUIPMENT. The PPPoE connection will allow one computer, router, or AP to use your connection. Static IP accounts include a bridge which can be used ahead of one computer or router provided by you. Company does not provide support for router(s) it does not supply. All packages include basic instructions and support.
- TECHNICAL SUPPORT. Company assumes that the Subscriber has a basic understanding of their computer. Company will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your wireless adapter or network card, and receive network link connectivity before any technical support will be dispensed. Our technical support staff has no obligation to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party unless specifically contracted for in a separate agreement . Company is not responsible for connection or performance problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during Company's hours of operation (24/7). If a Subscriber wishes to utilize Company's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. Company does not provide on-site technical support unless Customer agrees to the site visit fees of $150 per hour, portal-to-portal. However company technicians may be dispatched to troubleshoot the circuit should they suspect Company CPE is malfunctioning…and then the Company will waive any site visit fees.The Subscriber is solely responsible for all charges involved with dispatching a technician to troubleshoot their connection. Subscriber understands and agrees that any such technician or other person dispatched to troubleshoot Subscriber's line may not be an employee or agent of Company and Company is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.
- ANTI-SPAM AND ANTI-VIRUS FILTERS. The anti-spam and anti-virus filters are services available for Subscribers. Company is not responsible for any email messages, legitimate or not, that are filtered or deleted by the SPAM filtering software. Company is not responsible for any email messages, legitimate or not, that are filtered or deleted by the filtering software. Company is not responsible for any email messages, legitimate or not, that are not filtered or deleted by the anti-phishing filtering software.
- IP ADDRESSES. Each Subscriber is allowed one private IP address. Upon expiration, cancellation or termination of this Agreement, a Subscriber must relinquish any IP addresses or address blocks assigned to them by Company. Company may choose to assign any Subscriber a new IP address at any time.
- ACCEPTABLE USE. Subscriber agrees to use the Service in accordance with Company's acceptable use policy ("Acceptable Use Policy") published at http://www.rodeointernet.com/useragreement.pdf . Company reserves the right to make changes to the Acceptable Use Policy without notice.
SENDING OUT BULK OR UNSOLICITED EMAIL. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the Company. If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:
- First offense: $500.0
- Second offense: $1500.00
- Third offense: $5000.00 and automatic termination of your account.
- POSTING ON NEWSGROUPS. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. The Company reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. (this does not apply to sites specifically designed for such posting, e.g. craigslist.org, ebay, etc). The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company. A violation of this policy will result in the immediate termination of your account.
- MISREPRESENTATON. Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
- ADDITIONAL SPAMMING FEES. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. These rates are subject to change at any time without notification.
- ADVERTISING As a subscriber to the Company's services, you are not permitted to use your Internet connection to sell or advertise goods or services. This is only permitted to those who have purchased a business account or a virtual server.
- RESALE OF SERVICES. You are not permitted to resell or redistribute the Internet connection to other parties.
WARRANTIES AND LIMITATIONS OF LIABILITY.YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY COMPANY (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). COMPANY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF COMPANY TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
COMPANY DOES NOT WARRANT OR GUARANTEE THATSERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF COMPANY HAS ACCEPTED YOUR ORDER FORSERVICE. THE PROVISIONING OFSERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, Line of Sight (LOS), THE CONDITION OF YOUR PHYSICAL LOCATION, EMI, RFI, WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR CIRCUIT IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR COMPANY SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY COMPANY -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT), AND REFUND OF PREPAID FEES.
ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY
COMPANY DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY COMPANY WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. COMPANY SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. COMPANY MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL COMPANY (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 30 ALSO APPLY TO COMPANY'S THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH COMPANY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), COMPANY'S THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS COMPANY (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING COMPANY (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, COMPANYS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
- LINKS. Company or third parties may provide links to websites other than http://www.rodeointernet.com or other resources. Because Company has no control over such websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
- INDEMNIFICATION. You agree to protect, defend, indemnify and hold harmless Company from and against all liabilities, losses, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation or breach of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of any intellectual property rights arising from your use of the Service, the Software, the Equipment or the Internet.
- REVISIONS. Company may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.rodeointernet.com/useragreement.pdf/. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.
- ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Service, Equipment, or Software or your rights or obligations under it. Any attempt to do so shall be void. Company may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
- CHOICE OF LAW. You agree that this service is governed by the Laws of the State of Washington in which the Company resides. You agree that Asotin County in which the Company is located shall be the forum for any legal action relating to the services provides.
- COMPLIANCE. Company's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
- POLICY ENFORCEMENT. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these policies without prior notice at any time. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to policy violations. The Company reserves the right to refuse service to anyone at anytime for any reason.
- ENTIRE AGREEMENT. This Agreement, including all policies posted on Company's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Company with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
- NOTICE. Notices by Company to you shall be deemed given: (a) when sent to the email address as listed on the application form for service, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or application form (c) when hand delivered to your home, as applicable.
- SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
- DEFINITION OF COMPANY. As used in this Customer Use Agreement, the term the "Company" refers to Rodeo Internet LLC, a US based, Washington State Company.
- COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.