Effective date: July 2007
ANEW Broadband LLC, together with its subsidiaries and affiliates (collectively, “ANEW Broadband”) provide you access to ANEW Broadbandâs service-related Web sites containing information and data available via your computer and/or a device (“the Sites”) subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated therein (the “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies, and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with ANEW Broadband, including any Web site access agreement with an ANEW Broadband affiliate relating to services other than services.
ANEW Broadband reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
Acceptable Use Policy
When using ANEW Broadband Sites or ANEW Broadbandâs products or service, your activities must comply with our Acceptable Use Policy.
Copyright and Authorized Access
All copyrighted and copyrightable materials on these Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are owned by ANEW Broadband. (âANEW Broadbandâ), an ANEW Broadband-affiliated company, and/or ANEW Broadbandâs licensors. You are granted a limited, non-sub licensable right to access the Sites and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
1. Publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
2. Market, sell, or make commercial use of the Sites or any Materials;
3. Systematically collect and use any data or content, including the use of any data mining, robots, or similar data gathering and extraction methods;
4 .Make derivative uses of the Sites or the Materials; or
5. Use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites, any text, or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of ANEW Broadband or any third party. Any unauthorized use of the Sites will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
If you use any part of the Sites that requires a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer; you also agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised, you should notify ANEW Broadband immediately. ANEW Broadband reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, ANEW Broadband may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall ANEW Broadband be held liable to you for any liabilities or damages resulting from or arising out of (1) any action or inaction of ANEW Broadband under this provision, (2) any compromise of the confidentiality of your account or password and (3) any unauthorized access to your account or use of your password. Any unauthorized use of the Sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
ANEW Broadband respects the intellectual property of others. If you believe that your work has been copied and has been posted, stored, or transmitted to the Sites in a way that constitutes copyright infringement, please provide ANEW Broadbandâs copyright agent the following written information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Sites;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ANEW Broadbandâs Copyright Agent for notice of copyright infringement claims on the Sites can be reached as follows:
5225 N.W. 87th Avenue, Suite 100
Miami, Florida USA 33178
Phone: (305) 436-8640
Fax: (305) 436-8674
Trademarks and Service Marks
The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of ANEW Broadband Knowledge Ventures and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ANEW Broadband Knowledge Ventures or, if applicable, its licensor. In addition, ANEW Broadband custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ANEW Broadband Knowledge Ventures. ANEW Broadband trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ANEW Broadband. “ANEW Broadband,â design and all other ANEW Broadband marks and logos, and the ANEW Broadband products and services described on the Sites, are either trademarks, service marks, or registered trademarks of ANEW Broadband and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ANEW Broadband affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ANEW Broadband. You may not use any metatags or any other “hidden text” utilizing an ANEW Broadband name, trademark, or product name without ANEW Broadbandâs express written consent.
Third Party Products and Services
Parties other than ANEW Broadband offer and provide products and services on or through the Sites. Except for ANEW Broadband -branded information, products, or services that are specifically identified as being supplied by ANEW Broadband, ANEW Broadband does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. Except for ANEW Broadband-identified information and ANEW Broadband-branded products or services, all information, products, and services offered through the Sites or Internet generally are offered by third parties that are not affiliated with ANEW Broadband. ANEW Broadband is not responsible for examining or evaluating, and ANEW Broadband does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ANEW Broadband does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Product and Service Descriptions and Pricing
ANEW Broadband and third parties offering information, products, or services on the Sites attempt to be as accurate as possible. However, ANEW Broadband does not warrant that information, product, and service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event ANEW Broadband determines that a product or service is mispriced or contains an inaccurate description, ANEW Broadband reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. (This limitation does not apply to residents of Puerto Rico.) You agree to notify ANEW Broadband immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by ANEW Broadband.
Links to the Sites. You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray ANEW Broadband or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an ANEW Broadband or other proprietary graphic or trademark of ANEW Broadband to link to the Sites without the express written permission of ANEW Broadband. This limited right may be revoked at any time.
Third-Party Links. ANEW Broadband makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Sites, or third-party Web sites linking to the Sites. Such linked Web sites are not under the control of ANEW Broadband and ANEW Broadband is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes, or updates to such Web sites. ANEW Broadband is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by ANEW Broadband of the Web site or any information contained therein. When leaving the ANEW Broadband Sites, you should be aware that ANEW Broadbandâs terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.
Any software and all underlying information and technology downloaded by you from the Sites (collectively the “Software”) may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. Â§Â§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Press Releases. The information contained within press releases issued by ANEW Broadband should not be deemed accurate or current except as of the date the release was posted. ANEW Broadband has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Third-Party Financial Information. ANEW Broadband may provide links to third-party Web sites or services that contain financial or investment information about ANEW Broadband. Access to such Web sites and the information contained therein is provided as a service to those interested in the information. ANEW Broadband neither regularly monitors nor has control over the content of third parties’ statements or Web sites. Accordingly, ANEW Broadband does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analystsâ reports and stock quotes. ANEW Broadband makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Sites. Users visit these Web sites and use the information contained therein at their own risk.
“AS IS” AND “AS AVAILABLE” BASIS. THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.
WARRANTY DISCLAIMER. ANEW BROADBAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. ANEW BROADBAND DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANEW BROADBAND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE ANEW BROADBAND ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, ANEW BROADBAND CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER (S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER’S REQUIREMENTS.
ANEW Broadband reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by ANEW Broadband. YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. ANEW Broadband has no control over and accepts no responsibility whatsoever for such materials.
ANEW Broadband reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material (“Content”), self help and active investigation, litigation and prosecution in any court or appropriate venue. ANEW BROADBAND may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN ANEW BROADBAND CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL ANEW BROADBAND BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF ANEW BROADBAND OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANEW BROADBAND (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF ANEW BROADBANDâS SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID ANEW BROADBAND, WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, ANEW Broadbandâs liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless ANEW BROADBAND, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason, provided that you may no longer access or use the Sites after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third-Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third-Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility, and Miscellaneous shall survive any termination of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Enforceability and Admissibility
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
ANEW Broadbandâs failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ANEW Broadband may assign its rights and duties under this Agreement to any party at any time without notice to you. In order to protect ANEW Broadband and its customers from fraudulent activity, we limit the number of phones and services that may be ordered online by a single individual or entity. ANEW Broadband reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.