I. Terms and Conditions of Use

A. Acceptance Of Terms Through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

B. Agreement to Rules of Conduct

You agree to abide by BELD’s Rules of Online Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. The Rules of Online Conduct are set forth below.

C. Proprietary Rights and Grant of Limited License

BELD provides access to information, communications, software, photographs, video, graphics, music, sounds and other material and services located both on BELD’s computer servers and other services on the Internet (“Content.”). Such Content may be protected by copyrights, trademarks, other intellectual property rights, and other proprietary rights (“Rights”) of independent third parties. You agree that your use of such Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners and/or licensors of the Rights in such Content. You agree not to post or transmit Content that is subject to another party’s Rights, on or through the service offered by BELD, without that party’s express written permission, when such permission is required by law or agreement.

You also agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries) you are requesting BELD to make that material available to other Internet users and you understand that such access will result in copies of your Content being transmitted to others. In order to permit BELD to publish your Content, you automatically grant, or represent and warrant that the owner of the rights in any such Content, has expressly authorized you to grant, BELD a royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) worldwide to service subscriber’s request. You further warrant and represent that use of your Content will not infringe or violate the rights of any third party.

D. Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain Content that some people may find inappropriate or offensive. These other sites are not under the control of BELD, and you acknowledge that BELD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by BELD.

E. Content on BELD.net Servers

BELD generally does not pre-screen Content posted, distributed or uploaded by you or any other BELD Broadband subscriber or any other Content that may be available on or through use of this site. However, BELD may, in its sole discretion, remove any Content from its servers that does not comply with the Terms of Use or the Rules of Online Conduct or is otherwise harmful, objectionable, or inaccurate. You agree that BELD is not responsible for any failure or delay in removing such Content.

F. Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “ONLINE MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BELD DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

G. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BELD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BELD’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

H. Indemnification

Upon a request by BELD, you agree to defend, release, indemnify, and hold harmless BELD, and its commissioners, employees, and contractors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. BELD reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you will cooperate with BELD in asserting any available defenses.

I. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

J. Entire Agreement

Unless otherwise specified herein, the Terms of Use and Rules of Conduct constitute the entire agreement between you and BELD with respect to use of this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BELD with respect to use of this site. You agree that if any portion of the Terms of Use or Rules of Online Conduct is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.

II. Rules of Online Conduct

A. Prohibited Activities

By using this site, you agree that you will not post, distribute or upload any Content, as defined above, that:

• is abusive, deceptive, defamatory, fraudulent, harassing, invasive of another person’s privacy, libelous, threatening, tortious, unlawful, contains sexually explicit images, sounds or text and/or other obscene images, sounds or text, or otherwise violates BELD’s Terms of Use or these Rules of Online Conduct;
• infringes on any copyright, patent, trademark, trade dress, trade secret, or other proprietary right of any party;
• abuses, degrades, harasses, intimidates, threatens or victimizes an individual, group of individuals or entity;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
• or impersonates any person or entity, including but not limited to any employee or official of BELD, or any information provider, guide, or Internet host.

B. Solicitation of Minors

You agree that you will not solicit or collect personal or identifying information from or about any minor (anyone under the age of 18 years old) for any purpose.