READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY PRIMELINK SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE AGREED TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND THE RULES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE RULES, YOU MAY NOT ACCESS OR USE THE SERVICE.
All users of PrimeLink’s Internet service, which may include Internet access, software, hardware, email, webspace, wireless data, wireless voice and other features (“the Service”), must comply with these Terms and Conditions of Use. These Terms and Conditions of Use, the Acceptable Use Policy and PrimeLink’s other agreements and policies posted on PrimeLink’s website or otherwise provided to you (collectively, the “Rules”) constitute the entire agreement between you and PrimeLink with respect to your use of the Service. By establishing an account, using the Service, using PrimeLink-provided software, using the equipment or indicating agreement through the software or website, you agree to be bound by the Rules, including future revisions, and to use the Service in compliance with the current Rules. PrimeLink may revise, amend or modify the Rules at any time and in any manner. Notice of any revision, amendment or modification will be posted on PrimeLink’s website (www.PrimeLink1.com) and/or otherwise provided to you in PrimeLink’s various publications and mailings.
2. ACCOUNT REQUIREMENTS
You must be at least 18 years old to order and receive the Service, and you may need to provide a valid credit card or other forms of payment. The Service must be available to your location. Some services require separate active communications services for the Service to work properly. You are responsible for charges for the Service regardless of the status of these separate communications services. Changing service providers may result in substantial interruption of the Service and may result in fees associated with cancellation and setting up a new account. In addition, your computer may need to meet certain minimum requirements.
3. YOUR ACCOUNT, PASSWORD AND SECURITY
Upon registration, you will receive a username, password, and other account information. You and members of your household or business, if you have purchased a business account, are the only authorized users of your PrimeLink account and must comply with the Rules. You must keep your password confidential so that no one else may access the Services through your account. You must notify PrimeLink immediately upon discovering any unauthorized use of your account.
The Service may include equipment provided by PrimeLink (“the Equipment”). This Equipment shall be provided to you pursuant to the terms and conditions of a separate agreement. You shall, at your own expense, undertake all necessary preparations required to comply with PrimeLink installation and maintenance instructions. PrimeLink and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation purposes.
PrimeLink shall not be responsible for the installation, operation or maintenance of equipment or software not provided by PrimeLink, nor shall PrimeLink be responsible for the transmission or receipt of information by equipment or software not provided by PrimeLink.
You shall be responsible for the use and compatibility of equipment or software not provided by PrimeLink. In the event you use equipment or software not provided by PrimeLink, which impairs your use of the Service, you nonetheless shall be liable for payment for the Service. Upon notice from PrimeLink that the equipment or software not provided by PrimeLink is causing or is likely to cause hazard, interference or service obstruction, you immediately shall eliminate the likelihood of hazard, interference or service. If necessary, you may request PrimeLink to troubleshoot difficulties caused by equipment or software not provided by PrimeLink and you shall be responsible for payment of such troubleshooting.
PrimeLink shall not be responsible if any changes in the Service cause equipment or hardware not provided by PrimeLink to become obsolete require modification or alteration, or otherwise affect performance of equipment or hardware not provided by PrimeLink.
If you provide your own router to interface with the Services, then (i) you are responsible for the installation, maintenance, and configuration of such customer-provided router; (ii) PrimeLink must approve in advance the make, model and/or software revision of a customer-provided router, and (iii) PrimeLink shall have the right, with your cooperation, to set the initial configuration for the routers interface into the Service.
Because of the complex nature of Internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. PrimeLink, in its sole discretion, may cancel the installation process and refund any money that you have paid. PrimeLink will notify you of its intent to cancel as soon as reasonably possible. PrimeLink shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
Business DSL and Business T1 Services require PrimeLink-provided professional installation. If PrimeLink, in its sole discretion, determines that the Service cannot be provisioned, you must return promptly all materials with all original packaging to PrimeLink.
PRIMELINK DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU SUCCESSFULLY TO ACCESS, OPERATE OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, PRIMELINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THE RULES.
5. MONITORING THE SERVICES
PrimeLink has no obligation to monitor the Internet or the Services, but may do so and disclose information regarding use of the Services for any reason if PrimeLink, in its sole discretion, believes that it is reasonable to do so, including, without limitation, to satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees, its customers or others. PrimeLink may immediately remove your material or information from PrimeLink’s servers, in whole or in part, which PrimeLink, in its sole and absolute discretion, determines to infringe another’s property rights or to violate PrimeLink’s Acceptable Use Policy or other policies or laws.
Your privacy is very important. Your communications with and through the Service will, in most cases, be viewed only by you and by anyone to whom you address such communications, including, without limitation, electronic mail and bulletin boards. When reasonably practicable, PrimeLink will attempt to preserve the confidentiality of such communications. However, you agree that PrimeLink has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Service properly or to protect itself or its subscribers. PrimeLink will not intentionally monitor or disclose any private electronic mail or other communication unless required by law. PrimeLink reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable or in violation of the Rules. You understand and agree that, unless you notify PrimeLink to the contrary in writing, PrimeLink may publish your name and other information in directories which may be accessed by third parties.
7. DISCLAIMERS AND WARRANTIES / LIMITATION OF LIABILITY
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH PRIMELINK TO YOU AT NO ADDITIONAL CHARGE. PRIMELINK WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF PRIMELINK’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN PRIMELINK OR ITS CONTRACTOR. PRIMELINK RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. PRIMELINK WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD OR EARTHQUAKE OR OTHER EVENTS OUT OF PRIMELINK’S CONTROL SUCH AS FIRE, POWER SURGES OR THE ACTS OF OTHERS.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. NEITHER PRIMELINK, NOR ITS AFFILIATES, MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, OR AS TO THE ACCURACY, QUALITY, COMPLETENESS TITLE, NONINFRINGEMENT, OWNERSHIP, MERCHANGTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY MATERIALS ACCESSED THROUGH THE SERVICES. PRIMELINK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY PRIMELINK, ITS AFFILIATES, CONTRACTORS OR REPRESENTATIVES SHALL CREATE A WARRANTY. PRIMELINK IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PRIMELINK’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
PRIMELINK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF PRIMELINK, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST PRIMELINK IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THE RULES ARE AS EXPRESSLY SET OUT IN THE RULES. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE THE SERVICE IN ACCORDANCE WITH PRIMELINK’S TERMINATION PROCEDURES.
You agree to defend, indemnify and hold harmless PrimeLink and its officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including without limitation reasonable attorneys’ fees, related to or arising from: (a) any violation of the Rules by you, your customers or authorized users; (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, your customers or authorized users; (c) negligent acts or omissions of your officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by PrimeLink which are connected or are to be connected to the Service; and (d) claims for infringement of patents arising from the use of equipment and software, apparatus and systems not provided by PrimeLink in connection with the Service.
You may not assign your rights or delegate any of your duties under the Rules without the prior written consent of PrimeLink, and any attempted assignment or delegation without such consent shall be void.
If one or more provisions of the Rules shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. PrimeLink will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of PrimeLink as reflected in the original provision.
Nothing in the Rules or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. PrimeLink may subcontract any work, obligations or other performance required of PrimeLink under the Rules without your consent.
You shall indemnify and hold PrimeLink harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that PrimeLink may sustain or incur by reason of any breach or alleged breach of any term or condition of the Rules and for any act or omission of you or your authorized users which are in any way related to the PrimeLink Service.
The Rules are governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Rules shall be an appropriate state or federal court located in Plattsburgh, New York. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. New York State law without regard to conflict of law provisions.
Any notice to the parties of disputes arising under the Rules shall be sent by certified mail to you at the address shown on the most recent order and to PrimeLink at:
1118 State Route 9
P.O. Box 782
Champlain, NY 12919