Softek.net - Terms and Services Policy

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:

1.0 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.

Collection and Use of Personal Information. SofTek will collect, store, compile and utilize information about you, your computer, your phone number and your use of the SofTek Services including, without limitation, information regarding the Web sites you visit and information that you provide in response to SofTek questionnaires, surveys and registration forms. SofTek may provide this information to third parties including advertisers, clients, marketing organizations and others as further set forth in SofTek's Privacy Statement.

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2.0 Your Obligations

Completion of SofTek Questionnaires, Surveys and Registration Forms. In exchange for SofTek providing the SofTek Services, you agree to provide SofTek with accurate and complete information it may request from time to time through questionnaires, surveys and registration forms. You understand that SofTek 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 SofTek Services. You agree to promptly notify SofTek 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 SofTek and its affiliates (and such third parties as may be authorized by SofTek, subject to the Privacy Statement) to furnish you, electronically when you use the SofTek Services or by any other means selected by SofTek, information or materials prepared by SofTek 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 SofTek Service, and you understand and agree that the furnishing of such information, advertisements and solicitations to you cannot be terminated unless the SofTek 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 SofTek and your personal profile may indicate that you are not currently required to receive such information from third parties at your SofTek e-mail address.
Charges and Billing. By using the SofTek Services, you agree to accept the fees you may incur as a result of using SofTek 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 SofTek 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 SofTek Services are non-refundable unless the pricing terms for the applicable SofTek 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. SofTek reserves the right to change its fees or billing methods at any time and SofTek 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 SofTek Services. If you do not like these changes to the fees, billing methods, or changes to the Rules or the SofTek Services, because they adversely impact you, you may terminate the applicable SofTek 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 SofTek 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 SofTek Services and pricing plans. You expressly authorize SofTek (or third parties acting on behalf of SofTek) to charge all SofTek 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 SofTek 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 SofTek Services may accumulate on your SofTek 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. SofTek 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 SofTek incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to SofTek's attention by you within 90 days from the date you are billed. If you do not bring them to SofTek's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with SofTek. SofTek may suspend or terminate your use of the SofTek Services if you fail to provide a valid designated payment method upon request or if SofTek 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 SOFTEK AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO SOFTEK'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE SOFTEK 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 SOFTEK 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 SofTek 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 SofTek Services. You may not obtain an account for SofTek'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 SofTek Services without providing SofTek with your parent's consent in the form required by SofTek. 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 SofTek Services, you agree to (i) exercise supervision over the minor's use of SofTek Services and access to the Internet, (ii) assume all risks associated with the minor's viewing of content received through use of SofTek 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 SofTek 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 SofTek questionnaires, surveys and Registration Forms. SofTek provides information on the SofTek 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. SofTek does not endorse any of these third parties and makes no representation as to them or their software.
Registration Information. You must register for SofTek 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. SofTek reserves the right to verify the accuracy of the information you submit in connection with your registration for SofTek Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to SofTek's verification of such information.
Bypassing or Disabling Any Portion of the SofTek Services or Software. If you bypass or disable any portion of the SofTek Services or Software, including, without limitation, the blocking of cookies, or if you attempt to circumvent SofTek's billing of you in any way, you are in violation of the Rules and we may suspend or terminate your use of SofTek Services without notice. Termination of your SofTek Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your SofTek Service is terminated for any reason you will be unable to access your SofTek account, including any undelivered e-mail messages in your SofTek e-mail account.
Accessing SofTek 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 SofTek Services and for ensuring such equipment and services are compatible with SofTek's requirements. If you subscribe to SofTek WIFI service, SofTek will provide you with the Equipment. You are responsible for maintaining the Equipment. If you are purchasing a Service from SofTek that does not include Internet access, you are responsible for obtaining, at your own expense, such Internet access from SofTek or another provider.
Use of your SofTek Account. You are responsible for all use of your SofTek 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, SofTek personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of SofTek 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 SofTek account. You may not use more than one login session at a time, even if you maintain more than one SofTek account.
No Resale of SofTek Services and SofTek Site. The SofTek 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 SofTek 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. SofTek 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 SofTek 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 SofTek's network or equipment are your sole and exclusive responsibility.
E-mail. The SofTek e-mail service and network including, without limitation, e-mail addresses, is owned by SofTek and SofTek 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 SofTek's policies. You agree to use SofTek e-mail services only to send and receive personal messages. SofTek 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 SofTek in its sole discretion believes are unsolicited, inappropriate, or harmful. In doing so, SofTek 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, SofTek 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 SofTek is not responsible for any e-mail or attachments that are blocked or deleted for any reason and that you have no right, and SofTek has no obligation, to retrieve or access any such deleted or blocked e-mail or attachments. You agree that SofTek 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 SofTek's rights as set forth in this Agreement, SofTek reserves the right to change your e-mail address and associated member ID if, in SofTek's sole discretion, it is inappropriate or infringes on the rights of a third party.
SofTek may, from time to time, place a message and or a hypertext link geared to promoting the benefits of SofTek Services or a third party sponsor in the footer location of outgoing e-mail messages transmitted from your account. You agree to permit SofTek 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 SofTek e-mail address without permission of the trademark owner.
Software Downloads. As part of the SofTek Service, SofTek may from time to time download software owned by SofTek or third parties to your computer. Your use of the SofTek Services constitutes your consent to such downloads.
Links to Third Party Sites. The SofTek 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 SofTek's name and logo on these sites. SofTek does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by SofTek of the site or any association with their operators. Because SofTek has no control over such sites and resources, you agree that SofTek 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 SofTek 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 SofTek 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 SofTek 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 SofTek 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. SofTek 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 SofTek's monitoring of your Internet connection and network performance, and the access to and adjustment of your computer settings, as they relate to the SofTek Services, Software, or other services which we may offer from time to time.
Indemnification of SofTek. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SOFTEK 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 SOFTEK SERVICES THROUGH THE SOFTEK ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM SOFTEK'S OWN GROSS NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF SOFTEK SERVICES PROVIDED TO YOU.

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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.

Service Ready Date. Billing for your SofTek dial-up Service will automatically begin upon registration of your service. Billing for your SofTek 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 SofTek’s service provider.
Money Back Guarantee. SofTek may provide a thirty (30) day money back guarantee for the SofTek 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 SofTek begins billing you for the SofTek Service as described in the previous section. During this thirty (30) day period you may cancel the SofTek Service and receive a full refund of the monthly charge you have actually paid to SofTek as well as any activation charges paid to SofTek; provided, however, in order to receive your refund you must return all Equipment to SofTek in good working condition within thirty (30) days of termination. SofTek 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 SofTek 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 SofTek 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 SofTek may terminate this Agreement without cause by giving notice to the other. Termination by you will be effective upon your notice to SofTek. Activation or set-up fees paid at the initiation of your SofTek Service, if any, are not refundable, except during the thirty (30) day money-back guarantee period. Additionally, if your SofTek Service plan includes a minimum term commitment and such SofTek Service is terminated for any reason prior to the completion of your minimum commitment, you agree to pay SofTek the Early Termination Fee set forth in your plan description. Termination by SofTek 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 SofTek, 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 SofTek 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 SOFTEK SERVICE BEFORE SATISFYING THE MINIMUM COMMITMENT UNDER YOUR PLAN, THEN YOU AGREE TO PAY SOFTEK 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 SofTek 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 SofTek. SofTek may terminate the SofTek Services upon notice to you for any reason. Additionally, if, in the sole discretion of SofTek: (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 SofTek Services; (b) your use of the SofTek Services is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction to the SofTek Services or the use and enjoyment of other users; or (c) SofTek receives an order from a court to terminate your service; (d) if SofTek for any reason ceases to offer a SofTek Service entirely or in a particular geographic area or specific location; or (e) if you no longer live in an area where SofTek provides the SofTek Service for which you subscribed, then SofTek at its sole election may terminate or suspend your SofTek 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 SofTek 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 SofTek to believe that this Agreement may be in conflict with such rules, regulations, and orders, SofTek may terminate or modify the SofTek Services and/or this Agreement immediately without notice.

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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:

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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.

SofTek grants to you a personal, non-transferable, non-exclusive license to use the Software (in object code form only) as a part of the SofTek Services subject to the terms and conditions of the Rules. The Software is licensed, not sold, to you by SofTek and may be used only to connect to the SofTek Service from locations that SofTek 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, SofTek 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 SofTek, although SofTek 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 SofTek Service or disabling features of the Software or SofTek Service. Except as may be permitted by SofTek, you agree not to access the SofTek Service by any means other than through the interface that is provided by SofTek or its partners for use in accessing the SofTek 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 SofTek 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 SofTek's suppliers are direct and intended third party beneficiaries of this Agreement.

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8.0 Miscellaneous

Liability Limitation. SofTek shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.
SofTek Voice Services. Subscribers to the SofTek Services may also automatically be subscribed to a SofTek Voice service account as described at www.SofTekvoice.com. The SofTek Voice services are provided by United Online Communications, Inc., an affiliate of SofTek, 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 SofTek Services even if you are paying subscription fees for SofTek 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 SofTek Site) together constitute the sole agreement between SofTek 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 SofTek 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 SofTek is available at http://www.SofTek.net/contact.aspx. Back to list