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SofTek Services and SofTek Site Terms of Service

BY CLICKING ON THE "I ACCEPT" BUTTON OR BY DOWNLOADING, INSTALLING OR USING ANY OF THE SOFTEK SOFTWARE OR SERVICES (INCLUDING, WITHOUT LIMITATION, THE SOFTEK WIFI AND DIAL UP INTERNET ACCESS SERVICES, SOFTWARE DISTRIBUTED OR MADE AVAILABLE BY SOFTEK, E-MAIL SERVICES, AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY SOFTEK (COLLECTIVELY, THE "SOFTEK SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THE ACCEPTABLE USE GUIDELINES FOR THE SOFTEK SERVICES, AND THE SOFTEK 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 SOFTEK SERVICES, UNINSTALL ANY SOFTEK SOFTWARE AND TERMINATE YOUR ACCOUNT.

The most current version of the Rules may be found at http://www.SofTek.net (the "SofTek Site"). Please review the Rules at the SofTek Site prior to accessing the SofTek Services as the Rules may have changed since the date of production of this version of the Terms of Service. SofTek may change the Rules and the scope of the SofTek Services, in whole or in part, at any time. Posting of the updated Rules at the SofTek Site will constitute notice to you of any such changes, although SofTek may choose other types of notice for certain changes. Changes will be effective upon notice, although SofTek will use reasonable efforts to provide you with thirty days advance notice of material changes that adversely impact you. Your continued use of the SofTek Services following notice constitutes your acceptance of all changes, and each use of the SofTek 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 SofTek Services, your sole and exclusive remedy will be to terminate your account and use of SofTek Services and uninstall any SofTek 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 SofTek 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 SofTek's Liability
  6. Policy to Terminate Use of Services for Copyright Infringement
  7. Software License
  8. Miscellaneous
  9. How to Contact Us

1.0 General

The Rules are your entire agreement with SofTek and govern your use of the SofTek Services. SofTek 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 SofTek believes in its sole discretion to be illegal or potentially harmful to others or may expose SofTek to harm or liability. SofTek may suspend or terminate your use of SofTek Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. SofTek reserves the right to take or terminate the use of any user name or e-mail address at any time.

SofTek Services. SofTek offers a variety of services, including broadband ("WIFI") Internet access, dial up Internet access, and e-mail services. SofTek retains the right at its discretion to make changes to the SofTek 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 SofTek Services. SofTek retains the right to limit, restrict or require the use of third party software or services in connection with the SofTek Services. SofTek retains the right to change, suspend or terminate your use of the SofTek 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 SofTek for use with SofTek's WIFI service and Software shall mean the software provided by SofTek in connection with the SofTek Services.

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2.0 Your Obligations

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3.0 Termination and Cancellation

Either you or SofTek 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 SofTek. This includes, but is not limited to, any dispute regarding the SofTek Services, the Rules and the enforcement or interpretation of the Rules, SofTek's policies and practices including our privacy policy, your ability to access the SofTek Services, the content available on the SofTek Services, and any matters relating to billing. You can cancel your SofTek Services by following the instructions on the SofTek Site. The SofTek Site will contain a current Customer Service phone number.

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4.0 Warranty Disclaimers

YOU ACKNOWLEDGE THAT SOFTEK 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 SOFTEK SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF SOFTEK SERVICES OR THAT SOFTEK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOFTEK 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. SOFTEK DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SOFTEK SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT SOFTEK WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. SOFTEK DOES NOT WARRANT THAT SOFTEK 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 SOFTEK SERVICES IN PARTICULAR.

The SofTek 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 SofTek Services even if initial testing showed that your line was qualified. SofTek or its suppliers may, at any time, without notice or liability, restrict the use of SofTek 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 SofTek's Liability

IN NO EVENT SHALL SOFTEK 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 SOFTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOFTEK SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL SOFTEK'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO SOFTEK FOR THE APPLICABLE SERVICE FOR THE PRIOR MONTH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SOFTEK SERVICES MAY BE BROUGHT BY YOU OR SOFTEK 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, SOFTEK'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, SofTek 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 SofTek and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, SofTek will terminate the infringing subscriber's account. SofTek 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), SofTek has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. SofTek 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 SofTek account, please contact SofTek via mail at:

Copyright Agent - SofTek, Inc. 111 East Main Street, Lebanon, TN 37087.

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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.

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8.0 Miscellaneous

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9.0 How to Contact Us

A list of ways to contact SofTek is available at http://www.SofTek.net/contact.aspx. Back to list