Terms of Service
THESE TERMS OF SERVICE SET FORTH IMPORTANT REQUIREMENTS REGARDING YOUR USE OF REDZONE'S INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH REDZONE. PLEASE READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY.
SCOPE OF AGREEMENT.
- General. This Agreement (as defined in Section 1.2 below) is entered into by and between the subscriber (“you,” “your” or “Subscriber”) and Redzone Wireless, LLC (“Redzone,” “us,” “our” or “we”). The Agreement sets forth the terms and conditions pursuant to which you agree to use the Service (as defined in Section 2.1 below), and under which Redzone agrees to provide the Service to you.
- Definitions. The term “Service,” as used in this Agreement, means the Redzone Internet access service, including all Equipment, technical support, products and services provided by Redzone under the pricing plan applicable to your Service. The term “Equipment,” as used in this Agreement, means all customer premises equipment, including wireless radios, wireless routers, wireless USB Dongle, cabling, connectors, antennas and mounts provided by Redzone for use with your Service. The Service is sometimes referred to herein as Redzone “Broadband” or Redzone “Dedicated Internet Access.”
- Changes to Service. We reserve the right to change any of the features, content or applications offered as part of the Service at any time; however, if we make such changes we will use commercially reasonable efforts to notify you before the changes go into effect.
AUTHORIZED USER, USE, AND RESPONSIBILITIES.
- You acknowledge that you are 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 Redzone relies on the information you supply and that providing false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service. You agree to promptly notify Redzone whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
- You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts or sub-accounts, with or without your permission.
If you subscribe to Broadband Service:
- You may not resell the Broadband Service, use it for high volume purposes, or engage in similar activities that constitute resale (commercial or non-commercial), as determined solely by Redzone.
- You may connect multiple computers/devices within a single home or office location to your Broadband modem and/or router to access the Service, but only through a single Broadband account and a single IP address obtained from Redzone.
- You may not use the Broadband Service to host any type of server, whether personal or commercial in nature.
- Redzone reserves the right to audit connections electronically to enforce these or any other provision of the Agreement.
- Redzone also reserves the right in our sole discretion, with or without notice to you, to modify or restrict the bandwidth available for Internet downloads.
ACCEPTABLE USE POLICY.
You agree to comply with the terms of the Acceptable Use Policy attached hereto as Attachment 1.
We 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 Redzone’s website (the “Website”). You agree to visit these pages periodically so that you are aware of, and have the opportunity to review, any such revisions. Pricing revisions for the Service shall be effective immediately for all pay-as-you go services, and thirty (30) days after posting for monthly subscriptions; revisions to any other terms and conditions shall be effective immediately upon posting. By continuing to use the Service after revisions are in effect, you accept and agree to the revisions and to abide by them. If you do not agree to the revision(s), you must terminate your Service immediately.
AVAILABILITY OF SERVICE.
- All Services are provided on an “AS IS” and “AS AVAILABLE” basis, and throughput speeds and availability of your Service are not guaranteed. Redzone reserves the right to limit download speeds.
- Redzone or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
- Equipment supplied by Redzone to access your Service remains the property of Redzone and, in the event of any cancellation or termination of your Service for any reason (whether initiated by you or by Redzone), you are required to promptly return all Equipment to Redzone in the same condition in which it was delivered to you (ordinary wear and tear excepted). You will be invoiced for any Equipment that is not returned to Redzone in such condition within 30 days of cancellation or termination of your Service.
THIRD PARTY AGREEMENTS.
If you subscribe to or otherwise use any third party services offered by or through Redzone (“Third Party Services”), your use of any such Third Party Services is subject to the terms of service of the applicable third party service provider. You agree to comply with such third party service provider’s terms of service and that the third party service provider is solely responsible for delivery of the applicable Third Party Services to you and your use of them. Third Party Services include, but are not limited to, portal, music, gaming, storage and photography, newsgroups, and blogging. Violation of such third party service provider’s terms of service may, in Redzone’s sole discretion, result in the termination of your Service.
EMAIL AND EMAIL MESSAGING SERVICE.
You may send and receive email through the Service, so long as you abide by Redzone’s email and anti-spam policies, as described in our Acceptable Use Policy, including limitations on the number and/or size of email messages that may be sent during a given time period, or the number of recipients of a particular email. Redzone is not a provider of email services.
TERM AND TERMINATION.
- Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Section 1.2 above, and shall continue in effect until terminated by either party as permitted by this Agreement. Billing for your Internet Service will automatically begin upon registration of your account through our captive portal billing system.
Termination of Service.
- Either you or Redzone may terminate your Service without cause by giving notice to the other in accordance with the notice provisions set forth in Section 15 below. Termination by you will be effective upon your notice to Redzone, or upon your cancellation of monthly billing through the Website. Except as otherwise set forth in this Agreement (including, but not limited to, in Sections 9.2.2, 9.4 and 10.3 below), termination by Redzone will be effective 30 days after the date of notice to you. Activation or set-up fees paid at the initiation of your Broadband Service, if any, are not refundable. Additionally, if your Service is terminated for any reason and you received Equipment at no charge from Redzone, you will be required to return the Equipment to Redzone within 30 days; failure to do so will result in an additional equipment charge of $250. Equipment must be adequately packaged and mailed, or hand delivered, to Redzone Wireless, LLC, 91 Camden Street, Suite 404, Rockland, ME 04841. In the event of termination by Redzone, 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.
- If, in the sole discretion of Redzone: (a) you are in breach of any of the terms of this Agreement (including but not limited to any policies regarding abuse and acceptable use of the Service); (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Redzone’s network, or the use and enjoyment of other users; (c) Redzone receives an order from a court to terminate your Service; and/or (d) Redzone for any reason ceases to offer a Service entirely or in a particular geographic area or specific location, then, in any such case, Redzone at its sole election may terminate or suspend your Service immediately without notice.
- Terminated Account. Redzone, in its sole discretion, may refuse to accept your application for Service following a termination or suspension of your Service. If your Service is terminated or suspended for any reason, you agree to pay a reconnection fee if the Service is reactivated.
- Regulatory Compliance. In the event there is a ruling, regulation, or order issued by a judicial, legislative or regulatory body that causes Redzone to believe that this Agreement may be in conflict with such rules, regulations, and orders, Redzone may terminate or modify your Service and/or this Agreement immediately without notice.
- Deletion of Data upon Termination. You agree that if your Service is terminated for any reason, Redzone has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.
PRICING AND PAYMENT.
- Prices and Fees. Redzone fees and charges for the Service(s) you select are supplied to you during the ordering process unless otherwise provided for in this Agreement. You agree to pay the fees and charges applicable to your selected Service plan. You also agree to pay all other fees and charges invoiced by Redzone, including but not limited to (a) applicable taxes, (b) activation fees, (c) recovery fees, (d) reconnection fee after suspension, (e) service calls, (f) no show installations and service calls, (g) custom installations, and (h) default pricing for deliquency. The taxes, fees and other charges detailed in the preceding sentence may vary on a monthly basis; any variations will be reflected in your monthly charge. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, charges due to insufficient credit or insufficient funds, and attorneys’ fees and collection costs arising from or relating to your failure to pay all amounts owed to Redzone when and as due. Activation fees, installation and equipment charges, if applicable, will be included in your first month’s bill. Monthly recurring charges will be billed one month in advance; usage charges will be billed monthly in arrears, if applicable. Redzone or its agent will bill your credit card as approved by Redzone.
- Effect of Changes to Your Service Plan. Changes to your Service plan will be effective immediately and may result in a higher monthly fee, which will apply to your new Service arrangement.
- Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time in the event the placement of Service charges on your credit card is refused for any reason, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when and as due or provide us with a new credit card expiration date before the existing one expires.
- You have the option to change your Service(s) at any time by accessing our online billing system, provided that you qualify for and comply with any requirements of that Service.
- The waiver of any fees or charges in any instance is solely in the discretion of Redzone.
MANAGEMENT OF YOUR DATA AND COMPUTER.
- 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 Service 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 will vary depending upon the number, types and configuration of computers or devices using the Service 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.
- Data Management and Responsibility. You are solely responsible for management of your information, including but not limited to back-up and restoration of data (for example, address book and calendaring information), erasing data from disk space you control and changing data on or settings for your modem and/or router. Redzone is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your computer or server.
- Your Security. You are responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, User ID, alias, and password on your modem and/or router and firewalls, to protect your information. We are not responsible in the event that any party changes the information on your account, including without limitation, your User ID, password, or security information. We are not responsible for backup and restoration of your information. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE.
- Redzone Network. For the purposes of backup and maintenance, we may use, copy, display, store, transmit, translate, rearrange, reformat, view and distribute your information to multiple Redzone servers. We do not guarantee that these procedures will prevent the loss of, alteration of, or the improper access to, your information.
- Monitor of Network Performance. Redzone automatically measures and monitors network performance and the performance of your Internet connection and our network as part of this process. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Redzone or its authorized vendors, contractors and agents. You hereby consent to Redzone’s monitoring of your Internet connection and network performance.
LIMITATIONS ON USE OF THE SERVICE.
- You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.
- You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Redzone, and Redzone is not responsible and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that Redzone does not own or control all of the various facilities and communications lines through which access may be provided, nor does Redzone guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Redzone. Redzone cannot and does not guarantee that the Service will provide Internet access that meets your needs.
- You agree and acknowledge that through your use of the Service, you may have access to information, which may be sexually explicit, obscene or offensive, or otherwise unsuitable or objectionable, especially for children under the age of 18 years old. You agree to supervise usage of the Service by any minors who use your account to access the Service. Redzone is not responsible for access by any users, you, or minors, to objectionable or offensive information or data. REDZONE STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
- You agree that Redzone cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
- You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Redzone is not responsible for invalid destinations, transmission errors, interception, corruption or security of your data.
LIMITATIONS ON USE OF THE SERVICE.
- YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS,” “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 EQUIPMENT PROVIDED BY REDZONE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), REDZONE, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS (INCLUDING ITS GLOBAL SERVICE PROVIDERS), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS (FOR PURPOSES OF SECTIONS 13.1 – 13.7 OF THESE TERMS OF SERVICE, ALL OF THE FOREGOING PARTIES ARE REFERRED TO COLLECTIVELY AS “REDZONE”), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. REDZONE DOES NOT WARRANT THAT THE OPERATION OR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION GIVEN BY REDZONE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF REDZONE TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
- REDZONE DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF REDZONE HAS ACCEPTED YOUR ORDER FOR BROADBAND WIRELESS SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, SIGNAL QUALITY, AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES. IN THE EVENT YOUR SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR REDZONE SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY REDZONE-PROVIDED EQUIPMENT).
- REDZONE DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY REDZONE 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. REDZONE 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. REDZONE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. REDZONE MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. YOU ACKNOWLEDGE AND AGREE THAT (i) THE SERVICE IS NOT DESIGNED FOR USE IN ANY ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN MEDICAL OR HOSPITAL SERVICES, POLICE OR FIRE SERVICES, OR OTHER ENVIRONMENTS IN WHICH THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL OR ENVIRONMENTAL HARM, OR DAMAGE TO PROPERTY, AND (ii) REDZONE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM USING THE SERVICE IN ANY SUCH ENVIRONMENT.
- IN NO EVENT SHALL REDZONE BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, 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, 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 REDZONE HAS BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE ANTICIPATED, THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
- IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH IN SECTION 13.4 ABOVE, REDZONE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, YOU AGREE THAT REDZONE’S AGGREGATE LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
- 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.
- REDZONE RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE).
You agree to defend, indemnify and hold harmless Redzone from and against any and all losses, claims, liabilities, costs and expenses, including reasonable attorney’s fees and disbursements, related to or arising from: (a) any violation 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 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); or (d) claims for infringement or misappropriation of any intellectual property rights or other rights arising from your (or any parties who use your account, with or without your permission, to access the Service) use or misuse of the Service or the Internet.
- Notices required under this Agreement by you shall be provided to Redzone by contacting Redzone's Customer Service Department at 207-596-5700 during normal business hours (Monday through Friday, 8am to 5pm EST, and speaking to a Customer Care Specialist. Account closures will not be valid if sent via; email, support ticketing system, mail, or by any other method. Notices by Redzone to you shall be deemed given: (a) when sent to your email address as provided to Redzone by you; (b) when deposited in the United States mail addressed to you at your last-known address; or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website as set forth in Section 5 above.
- With regard to electronic communications, you and Redzone further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication (“email”), is legally sufficient to verify the sender’s identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
REDZONE AND YOU EACH AGREE THAT ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT OR OUR SERVICE, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. This includes any claims against other parties relating to the Service provided or billed to you (such as our licensors, service providers and suppliers) whenever you also assert claims against us in the same proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to us. Redzone and you each agree to negotiate your claim in good faith. If Redzone and you are unable to resolve the claim within thirty (30) days after Redzone receives your claim description, you may pursue your claim in arbitration.
Redzone and you each agree that, notwithstanding any provision of this Section to the contrary, if you fail to timely pay amounts due, Redzone may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
If Redzone and you are unable to resolve a dispute through good faith negotiation as provided above, then either you or we may start arbitration proceedings. To begin arbitration, you must send a letter to us requesting arbitration and describing your claim. The American Arbitration Association (“AAA”) will arbitrate all disputes. Except as otherwise required by law, including Maine laws relating to consumer transactions, arbitration of any claim or cause of action you may have with respect to this Agreement or the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, Redzone and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. All arbitration proceedings between Redzone and you will take place in Knox County, Maine.
CLASS ACTION WAIVER. REDZONE AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other Redzone customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Redzone.
JURY TRIAL WAIVER. If, notwithstanding the obligation to arbitrate disputes as provided above, a claim proceeds in court rather than through arbitration, REDZONE AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
- All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, shall survive such termination, cancellation or expiration. Without limiting the generality of the foregoing, the parties specifically agree that Sections 12, 13, 14 and 18 of these Terms of Service shall so survive.
- Redzone will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
- You agree not to assign or otherwise transfer this Agreement or your Service, in whole or in part, or any of your rights or obligations hereunder. Any attempt to do so shall be void. We may assign all or any part of this Agreement or the provision of the Service without notice and you agree to make all subsequent payments as directed.
- You and Redzone agree that the substantive laws of the State of Maine, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement and the Service.
- In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.
- Redzone’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.
ACCEPTABLE USE POLICY
This is Redzone’s policy on the acceptable use of the Service. It is designed to help protect the Service, Redzone’s customers and the Internet community, from irresponsible or illegal activities.
Redzone reserves the right to deny Service to you, or to immediately terminate your Service for breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in the sole discretion of Redzone: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason, (d) is objectionable for any reason, or (e) in any manner violates the terms of this Acceptable Use Policy.
You may NOT use the Service as follows: (a) for any unlawful, improper or illegal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL, MAC address, DNS or IP addresses of Redzone or any other entity, or to attempt to penetrate or penetrate security measures of Redzone or other entities’ systems (“hacking”) whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to“spamming,” “flaming” or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area or charter (e.g., off-topic posting) of the newsgroup; (h) to interfere with another person’s usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as “make-money-fast” schemes or “pyramid/chain” letters; (j) to damage the name or reputation of Redzone, its affiliates and subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate Redzone’s or any third party’s copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to use more than one IP address obtained from Redzone; (n) to generate excessive amounts (as determined by Redzone in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (o) to engage in activities designed to or having the effect of degrading or denying Service to Redzone users or others (including activities that compromise a server, router, circuit, software or other Internet component); (p) to use any name or mark of Redzone, its affiliates or subsidiaries, as a hypertext link to any website or in any advertising publicity or other commercial manner; (q) to use the Service to operate a server in a manner that interferes with the network or other users’ use of the Service; (r) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (s) to cause the screen to “scroll” faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (t) to use the Service to disrupt the normal flow of online dialogue; (u) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (w) to impersonate any Redzone employee or official or other person or use a false name while using the Service or implying an association with Redzone; (x) to install “auto-responders,” “cancel-bots” or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (y) to make false or unverified complaints against any Redzone subscriber, or otherwise abusing any of Redzone’s complaint response procedures; (z) to use software or any other device that would allow your account to automatically generate network traffic while you are not actively using the Service; (aa) to export software or any information in violation of U.S. export laws; or (bb) to use the Service in contravention of the limitations of the pricing plan you have chosen.
Copyright Infringement/Repeat Infringer Policy. Redzone respects the intellectual property rights of third parties, including those granted under the U.S. copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Redzone’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the U.S. copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Redzone to terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) Subscriber or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) Subscriber or account holder has entered into an agreement acknowledging wrongdoing to settle a claim of copyright infringement and subsequently uses Redzone’s Service to violate the terms of that agreement by engaging in copyright infringement or to otherwise engage in conduct that is found by a court of competent jurisdiction to constitute copyright infringement, (iii) where a valid, effective and uncontested notice has been provided to Redzone alleging facts which are a violation by the Subscriber or account holder of Redzone’s Copyright Policy prohibiting infringing activity involving Redzone systems or servers, or (iv) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, Redzone expressly reserves the right to terminate or suspend the Service of any Subscriber or account holder if Redzone, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Redzone may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please contact Redzone.
You shall comply with all applicable local, state, national and international laws and regulations, including those related to data privacy, international communications, and exportation or technical or personal data. You represent that you are not a specifically designated individual or entity under any U.S. embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the U.S. Government limiting, barring, revoking or denying, in whole or in part your U.S. export privileges. You agree to notify Redzone if you become subject to any such order.
You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with Redzone and provide requested information in connection with all security and use matters. You agree to notify Redzone promptly if you suspect unauthorized use of the Service. You remain liable for unauthorized use until your notification to Redzone at firstname.lastname@example.org. You agree that your name, and other identifying information may be placed in our user directory.
Redzone reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Redzone network.
Redzone may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement.