Website Terms of Use
Effective Date: August 27, 2012 PONDEROSA
EDGE WEBSITE TERMS OF USE
Welcome to the Ponderosa Edge website located at
http://www.ponderosaedge.com (the "Site"). The Site
provides information regarding services provided by Ponderosa
Edge, The Ponderosa Telephone Co., Ponderosa Internet, Ponderosa
Long Distance, and Ponderosa Cablevision ("Ponderosa", "we",
"us"). Before using this Site, please review the terms of use set
forth below. BINDING
EFFECT.
This is a binding agreement. By using the Site
or any services provided in connection with the Site, including
but not limited to any electronic transmission (e.g., text
messages) sent, received, posted, accessed, or stored via any
Ponderosa network, including without limitation access for
communicating with Ponderosa employees (the "Service"), the user
or viewer of our Site ("you") are agreeing to comply with and be
bound by the following Terms of Use Agreement ("Agreement"),
including all documents, policies, and guidelines incorporated
herein. This Agreement does not alter the terms and conditions of
any tariff, or other written or online agreement you may have or
will have with Ponderosa, which govern in the event of any
inconsistency with the terms below. This Agreement may be amended
at any time by us from time to time without specific notice to
you. If at any time you find these Terms of Use unacceptable, you
must immediately leave the Site and cease all use of the Service
and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE
TO ENTER INTO THIS AGREEMENT. PRIVACY POLICY.
Ponderosa respects your privacy, believes
strongly in protecting your privacy, and permits you to have some
control of the treatment of your personal information held by us
in the course of business. A complete statement of Ponderosa's
current Privacy Policy can be found by clicking
here. Ponderosa's Privacy
Policy is expressly incorporated into this Agreement by this
reference. LIMITED LICENSE; PERMITTED USES.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the Site
solely in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain
all copyright and other policies contained therein. No print-out
or electronic version of any part of the Site or its contents may
be used by you in any litigation or arbitration matter whatsoever
under any circumstances. COMPLIANCE WITH INTELLECTUAL PROPERTY
LAWS.
When accessing the Site or using the Service,
you agree to obey the law and to respect the intellectual property
rights of others. Your use of the Service and the Site is at all
times governed by and subject to laws regarding copyright
ownership and use of intellectual property. You agree not to
upload, display, perform, transmit, or otherwise distribute any
information or content (collectively, “Content”) in violation of
any third party’s copyrights, trademarks, or other intellectual
property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property,
and you shall be solely responsible for any violations of any
relevant laws and for any infringements of third party rights
caused by any Content you provide or transmit, or that is provided
or transmitted using your telephone number or user identification
number. The burden of proving that any Content does not violate
any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT.
You shall not make the following types of
Content available. You agree not to upload, download, display,
perform, transmit, or otherwise distribute any Content that (a) is
libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could
constitute a criminal offense, gives rise to civil liability, or
otherwise violate any applicable local, state, national, or
foreign law or regulation; or (c) advertises or otherwise solicits
funds or is a solicitation for goods or services. Ponderosa
reserves the right to terminate your receipt, transmission, or
other distribution of any such material using the Service, and, if
applicable, to delete any such material from its servers.
Ponderosa intends to cooperate fully with any law enforcement
officials or agencies in the investigation of any violation of
these Terms of Use or of any applicable laws. AFFILIATED SITE.
Ponderosa has no control over, and no liability
for, any third party websites or content. Ponderosa works with a
number of partners and affiliates whose Internet sites may be
linked with the Site. These links are provided for convenience
only. Because neither Ponderosa nor the Site has control over the
content and performance of these partner and affiliate sites,
Ponderosa makes no guarantees about the accuracy, currency,
content, or quality of the information provided by such sites, and
Ponderosa assumes no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content that may reside on
those sites. Similarly, from time to time in connection with your
use of the Site, you may have access to content (including, but
not limited to, websites) that are owned by third parties.
Reference herein to any products, services, processes, hypertext
links to third parties or other information by trade name,
trademark, manufacturer, supplier or otherwise does not constitute
or imply its endorsement, sponsorship or recommendation by
Ponderosa. Product and service information is the responsibility
of each individual vendor. You acknowledge and agree that
Ponderosa makes no guarantees about, and assumes no responsibility
for, the accuracy, currency, content, or quality of this third
party content, and that, unless expressly provided otherwise,
these Terms of Use shall govern your use of any and all third
party content. COPYRIGHT INFRINGEMENT.
Ponderosa has in place certain legally mandated
procedures regarding allegations of copyright infringement
occurring on the Site or with the Service. Ponderosa has adopted a
policy that provides for the immediate suspension and/or
termination of any Service user who is found to have infringed on
the rights of Ponderosa or of a third party, or otherwise violated
any intellectual property laws or regulations. Ponderosa's policy
is to investigate any allegations of copyright infringement
brought to its attention. If you have evidence, know, or have a
good faith belief that your rights or the rights of a third party
have been violated (e.g. copied, posted, stored, or transmitted)
and you want Ponderosa to delete or edit the material in question,
you must provide Ponderosa with all of the following information:
(a) a physical or electronic signature of a person authorized to
act on behalf of the owner of the exclusive right that is
allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative list of
such works; (c) identification of the material that is claimed to
be infringed or to be the subject of infringing activity and that
is to be removed, and information reasonably sufficient to permit
Ponderosa to locate the material; (d) information reasonably
sufficient to permit Ponderosa to contact you, such as an address,
telephone number, and if available, an electronic mail address at
which you may be contacted; (e) a statement that you have a good
faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law;
and (f) a statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed. For this notification to be effective, you must provide
it to Ponderosa's designated agent listed in the "Contacting Us"
section below. ALLEGED VIOLATIONS.
Ponderosa reserves the right to terminate your
use of the Service and/or the Site. To ensure that Ponderosa
provides a high quality experience for you and for other users of
the Site and the Service, you agree that Ponderosa or its
representatives may access your account and records on a
case-by-case basis to investigate complaints or allegations of
abuse, infringement of third party rights, or other unauthorized
uses of the Site or the Service. Ponderosa does not intend to
disclose the existence or occurrence of such an investigation
unless required by law, but Ponderosa reserves the right to
terminate your account or your access to the Site immediately,
with or without notice to you, and without liability to you, if
Ponderosa believes that you have violated any Terms of Use,
furnished Ponderosa with false or misleading information, or
interfered with use of the Site or the Service by others. NO
WARRANTIES.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED
THROUGH THE SITE. PONDEROSA HEREBY DISCLAIMS ALL WARRANTIES.
PONDEROSA IS MAKING THE SITE AVAILABLE “AS IS" WITHOUT WARRANTY OF
ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM
USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, PONDEROSA EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE
SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. PONDEROSA DOES NOT WARRANT THAT THE SITE OR THE
SERVICE IS FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR
OTHER HARMFUL COMPONENTS THAT MAY CONTAMINATE OR DESTROY
PROPERTIES. SIMILARLY, PONDEROSA IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL ERROR OR OMISSION RELATING TO PRICING OR PICTURES.
FINALLY, PONDEROSA CELLULAR DOES NOT WARRANT THAT THE SITE OR THE
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY.
PONDEROSA'S LIABILITY TO YOU IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PONDEROSA BE
LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY
OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PONDEROSA. THE
AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. This
limitation shall apply regardless of whether the damages arise out
of breach of contract, tort, or any other legal theory or form of
action. PROHIBITED USES.
Ponderosa imposes certain restrictions on your
permissible use of the Site and the Services. You are prohibited
from violating or attempting to violate any security features of
the Site or Services, including, without limitation, (a) accessing
content or data not intended for you, or logging onto a server or
account that you are not authorized to access; (b) attempting to
probe, scan, or test the vulnerability of the Service, the Site,
or any associated system or network, or to breach security or
authentication measures without proper authorization; (c)
interfering or attempting to interfere with service to any user,
host, or network, including, without limitation, by means of
submitting a virus to the Site or Service, overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using
the Site or Service to send unsolicited email, including, without
limitation, promotions, or advertisements for products or
services; (e) forging any TCP/IP packet header or any part of the
header information in any email or in any posting using the
Service; or (f) attempting to modify, reverse-engineer, decompile,
disassemble, or otherwise reduce or attempt to reduce to a
human-perceivable form any of the source code used by Ponderosa in
providing the Site or Service. Any violation of system or network
security may subject you to civil and/or criminal liability.
PRODUCT AND SERVICE DESCRIPTION; PRICING.
Ponderosa and its affiliates, agents, and
licensors offer information on products and services on the Site
and attempt to be as accurate as possible. Yet, Ponderosa does not
guarantee that the information provided, with respect to the
products and service description, or other Site content is
accurate, complete, reliable current or error-free. Therefore,
Ponderosa reserves the right, at its discretion, to correct any
error on the Site at any time.
HOW TO REPORT CHILD PORNOGRAPHY.
Child pornography is the depiction of a child
under the age of eighteen (18) engaged in sexually explicit
behavior. If you or receive on your phone in an email or picture
message what you believe to be child pornography, please
immediately contact your local FBI field office or the National
Center for Missing and Exploited Children (NCMEC). It is important
that you do not copy, send, or forward the content unless and
until you have been instructed to do so by an authorized law
enforcement officer. You can find contact information for your
local FBI office by visiting the following website:
http://www.fbi.gov/contact/fo/fo.htm. To contact NCMEC, please
call 1-800-843-5678 (Child Pornography Tipline). You can also file
a report online at the following NCMEC website:
http://www.cybertipline.com
. INDEMNITY.
You agree to indemnify Ponderosa for certain of
your acts and omissions. You agree to indemnify, defend, and hold
harmless Ponderosa, its affiliates, officers, directors,
employees, consultants, agents, and representatives from any and
all third party claims, losses, liability, damages, and/or costs
(including reasonable attorney fees and costs) arising from your
access to or use of the Site and Services, your violation of these
Terms of Use, or your infringement, or infringement by any other
user of your account, of any intellectual property or other right
of any person or entity. Ponderosa will notify you promptly of any
such claim, loss, liability, or demand, and will provide you with
reasonable assistance, at your expense, in defending any such
claim, loss, liability, damage, or cost. INTERNATIONAL USE.
Ponderosa does not represent that all
information and content available on or accessible through this
Site is appropriate for use in all geographic locations,
especially some locations outside the United States, and accessing
such from certain locations may be illegal and prohibited. Those
who do access or use this Site from those locations act on their
own initiative and Ponderosa is not responsible for compliance
with applicable laws, rules, and regulations. You will not access
the foregoing where prohibited by applicable law, rule or
regulation. COPYRIGHT AND TRADEMARK.
The PONDEROSA TELEPHONE design is a registered
trademark of The Ponderosa Telephone Co. The PONDEROSA EDGE
design is a registered trademark of Ponderosa Cablevision. The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual
property) rights. Other than as expressly permitted in the
"LIMITED LICENSE; PERMITTED USES" Section above, the copying,
redistribution, use or publication by you of any such matters or
any part of the Site, is strictly prohibited. You do not acquire
ownership rights to any article, document or other materials
viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the Site may be
the copyrighted work of third parties. Nothing contained on the
Site should be understood as granting you a license to use any of
the trademarks, service marks, or logos owned by Ponderosa or any
third party. UPDATING THIS AGREEMENT.
Ponderosa may revise, amend, or modify this
Agreement from time to time. Notice of any revision, amendment, or
modification will be posted on Ponderosa's website, and/or on your
start pages and/or by email and/or in mailings to your primary
Ponderosa email account and will be effective on the date noted in
the posting. This Agreement may not be amended or modified by you
except by means of a written document signed by both you and an
authorized representative of Ponderosa. By continuing to use
Ponderosa's services and products after the amendments are
effective, you accept and agree to abide by them. GOVERNING
LAW.
These Terms of Use shall be construed in
accordance with and governed by the laws of the United States and
the State of California, without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state courts in Fresno County,
California, and federal courts in Fresno, California, U.S.A. in
all disputes arising out of or related to the use of the Site or
Service. CALIFORNIA USE ONLY.
The Site is controlled and operated by Ponderosa
from its offices in the State of California, U.S.A. Ponderosa
makes no representation that any of the materials or the services
to which you have been given access are available or appropriate
for use in other locations. Your use of or access to the Site
should not be construed as Ponderosa purposefully availing itself
of the benefits or privilege of doing business in any state or
jurisdiction other than California. MODIFICATIONS.
Ponderosa may, in its sole discretion and
without prior notice, (a) revise these Terms of Use; (b) modify
the Site and/or the Service(s); and (c) discontinue the Site
and/or Service(s) at any time. Ponderosa shall post any revision
to these Terms of Use to the Site, and the revision shall be
effective immediately on such posting. You agree to review these
Terms of Use and other online policies posted on the Site
periodically to be aware of any revisions. You agree that, by
continuing to use or access the Site following notice of any
revision, you shall abide by any such revision. MISCELLANEOUS.
Any cause of action by you with respect to the
Site must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in the "NO WARRANTIES" and
"LIMITATION OF LIABILITY" sections, above. The language in this
Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction to the
effect that ambiguities are to be resolved against the drafting
party shall not apply in interpreting this Agreement. The headings
in this Agreement are included for convenience only and shall
neither affect the construction or interpretation of any provision
of this Agreement nor affect any of the rights or obligations of
the parties to this Agreement. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
as much as possibly consistent with applicable law and the
remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Neither the course of conduct between you
and us, nor trade practice, shall act to modify any provision of
this Agreement. Our rights under this Agreement shall survive any
termination of this Agreement. ARBITRATION.
Any legal controversy or legal claim arising out
of or relating to this Agreement or the Site (excluding legal
action taken by us or you to collect or recover damages for, or
obtain any injunction relating to, intellectual property ownership
or infringement), shall be settled solely by confidential binding
arbitration in accordance with the commercial arbitration rules of
JAMS. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in San Francisco, California. Each party shall
bear one-half of the arbitration fees and costs incurred through
JAMS, and each party shall bear its own attorneys' fees.
ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM. CONTACTING US.
If you have any questions, comments or
complaints concerning these Terms of Use, please contact us at
559.822.3343, email us at
termsofuse@ponderosaedge.com, or send any correspondence to
Eric Vargas Customer Operations Director, Ponderosa Internet, PO
Box 21, O'Neals, CA 93645. Our representatives will endeavor to
contact you within fifteen (15) days of your inquiry.
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