The following are terms of a legal agreement between you and Inyo. By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Inyo from its offices within the United States. Inyo makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of California.
The copyright in all material provided on this Site is held by Inyo or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Inyo or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for residential, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Inyo's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Inyo BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Inyo OR A Inyo AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term of Use Revisions
These Terms of Service constitute the agreement ("Agreement") between Inyo ("we," "us" or “Inyo”) and the user ("you," "user" or "Customer") of Inyo’s Voice, Television, or internet services and any related products or services ("Service"). This Agreement governs both the Service and any devices, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
Service is offered on a monthly basis for a term which begins on the date that Inyo activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Inyo written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.1 Residential Use of Service
If you have subscribed to Inyo’s Residential services, the Service is provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Inyo in advance. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay Inyo’s higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Inyo reserves the right to immediately terminate or modify the Service, if Inyo determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
1. Service and Rate Changes: Subject to applicable law Inyo Networks has the right to change Services equipment and rates or charges, at any time with or without notice.
2. WiFi Network Shared
For Inyo Networks services where customer premise equipment is provided owned and managed by Inyo Networks, that equipment may be used to provided WiFi access to others. It will be secured and separate from your own traffic and your local area networks, and would provide limited access to guest users. Your own traffic would have priority.
3. Prohibited Uses
You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Inyo’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.(iii) Customer shall comply with all applicable federal, state, or local laws, statutes, regulations, or ordinances as may now or in the future be applicable to the Customer’s use of the Services. Inyo reserves the right to terminate your service immediately and without advance notice if Inyo, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you and agree to indemnify and hold harmless Inyo against any and all liability for any such use. If Inyo, in its sole discretion believes that you have violated the above restrictions, Inyo may forward the objectionable material, as well as your communications with Inyo and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
4. Theft of Service
You agree to notify Inyo immediately, in writing or by calling the Inyo customer support line, if your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Inyo receives notice of the theft or fraudulent use, you will be liable for all use of the Service stolen from you and any and all stolen Service or fraudulent use of the Service.
5. Customer Theft of Services
If customer knowingly access Services that customer has not paid for, enable others to access Services that they have not paid for, or damage or alter Inyo’s Equipment (or use Customer-Owned Equipment) in order to do so, Customer will have breached this agreement and possibly subjected themselves to statutory damages, fines or criminal charges. Only Inyo may service Customer Use Equipment. Customer shall not allow anyone else to open, take apart or modify Customer Use Equipment.
6. Number Transfer on Service Termination
Upon termination of the Service, Inyo may, at its sole discretion, release a telephone number that was ported in from a previous service provider to Inyo by you and used in connection with your Service provisioned by Inyo to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated; (ii) your Inyo account is completely current including payment for all charges and disconnect fees; and (iii) you request the transfer upon terminating your account.
7. Reconnection Fee Policy
Reconnection Fees and Related Charges. If you resume Service(s) after any suspension or disconnection, we require you to pay a reconnection fee of $250. These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.
2. DESCRIPTION OF 911
e911 Terms & Conditions
Due to FCC rulings and regulations, all customers who are using Inyo Networks services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.
Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Enhanced 911 service is not available to every location within the United States at this time. For locations where e911 is not currently available, you will be required to announce the location of your emergency to the PSAP dispatcher.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will complete. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Inyo Networks will do everything within their power to prevent service outages within its network.
In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $85 surcharge per 911 call.
We have added an extension to our network which all Inyo users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing ’811? through our network.
By using Inyo’s Enhanced 911 service, Customer agrees that Inyo, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Inyo is not held liable for emergency calls failing, even if it is determined that it is the fault of Inyo or its associates. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Inyo 911 service of our limitations and will only permit use of the Inyo service by persons who agree to not hold Inyo or Customer liable.
Customer will be charged a regulatory recovery fee of $.40 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $85 surcharge per 911 call.
2.1 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.
3. Changes to This Agreement
Inyo may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of Inyo’s website (currently located at http://www.inyonetoworks.com). Such changes will become binding on Customer, on the date posted or based on applicable law to the Inyo website and no further notice by Inyo is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Residential Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
Credit Card Payments: All Residential accounts are required to have an active credit card on file for automatic billing. Your payment will be processed 5 days before your due date and you will receive a receipt via email.
- Payment Failure: If for any reason your credit card renewal is unable to be processed, you will be notified via email. A second attempt will be made on your due. If the payment is declined for any reason, we ask that you please call and verify your credit card information.
- New Credit Cards or Updated Expirations: If you receive a new credit card number or an updated expiration date please notify us at least 5 days before your next due date. Or contact us at 909-457-8441 during business hours and we will be happy to assist you.
- Disputes/Charge Backs: Any billing related inquiries should be directed to 909-457-8441 between the hours of 8AM and 5PM Monday through Friday. We will need your username, credit card number, and the original post date of the charge in question. If you wish to dispute any charges that Inyo has made to your credit card, please notify us within thirty (30) days of the original posting date of the transaction. If you dispute charges directly with your bank and your dispute results in a credit card charge-back to Inyo, you will be charged a fiftydollar ($50.00) service fee. You will be responsible for any non-disputed charges beyond thirty (30) days.
Check Payments: Check payments can be made in person or by mail at 10630 Town Center Drive Suite 117 Rancho Cucamonga CA 91739
Returned Checks: A fifty dollar ($50.00) service fee will be applied to the current balance due on all returned checks. Any bounced checks must be replaced with a cashiers check or a money order.
Check Payments: When paying by check you will receive an emailed invoice. The invoice will be transmitted twenty-thirty (20-30) days before your due date. Invoices will be sent every ten (10) days until the account is paid or the due date passes. You will receive a payment confirmation via email when your payment is processed.
4.1 Billing Cycle
Most account services are billed monthly. All Inyo services are billed in advance. Payments are credited from the account due date, not from the date the payment is received.
Grace Period/Late Fee: A grace period of five days from the due date is given for most accounts (Enterprise customers: please refer to your contract for additional terms and conditions). After five days without payment, we will send you a printed invoice reminder via postal mail along with a return envelope and payment remittance stub. The new invoice will also include an additional late fee of 1.5% of the current balance due. Late fees are posted each month the account is overdue. The late fee must be paid with the current invoice due. To prevent late fees, please sign up for Automatic Credit card Billing by contact our Billing department.
4.2 Overdue Accounts
5 days overdue: If your account is overdue past 5 days, you will be sent an invoice reminder via postal mail along with a return envelope and a remittance stub. This invoice will include all past due charges as well as a late fee of 1.5% of your current billing.
30 days overdue: If your account is delinquent for more than 30 days it will be disabled and your account will incur a second late fee of an additional 1.5% of the current balance due. While your account is disabled you will be unable to access your email and your web access will be limited to our online account renewal service. If your account is disabled please contact our billing department to pay by credit card or send in a check payment. Once we receive your payment in full, your account will be automatically re-enabled. If your account becomes past due, payment must be made in full before services will be restored.
40 days overdue: If your account is more than 40 days overdue, we will send you a Final Statement to close out your account, which will be due within 30 days from the Statement date.
60 or more days overdue: If your account is more than 60 days overdue and we have not received notice of cancellation, your website will be removed and your incoming email will be bounced back to the sender. Your account will then be sent to an outside collections agency.
4.3 Collection Fees
For any delinquent accounts that are sent to an outside collections agency, you will incur a fifty dollar ($50.00) processing fee in addition to any other service charges and late fees you have already incurred. You will be responsible for all collection costs, including reasonable attorney fees.
You must notify Inyo in writing within 30 days after receiving your credit card statement if you dispute any Inyo charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
10621 Church St Suite 100
Rancho Cucamonga CA 91730
4.4 Termination/Discontinuance of Service
Inyo reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Inyo discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Inyo or of a third party provider to which Inyo is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 4.5, all of which immediately become due and payable.
EQUIPMENT RETURN, NON-RETURN FEES.
If you cease to be our customer (whether voluntarily or involuntarily), you must contact Inyo Networks within 7 days of termination of your service to arrange for an equipment return kit or kits, and instructions on how to return your leased equipment Gig-A-Home Gateway, and Set Top Box. Leased equipment must be returned in good working order, normal wear and tear excepted. If we haven’t received your leased equipment within 30 days of termination of your service, or if the equipment is returned in damaged condition, we will charge you $145 for each standard set top box, and $375.00 for the Gig-A-Home gateway, so please promptly attend to your equipment return. We reserve the right to charge these fees to the credit or debit card you have on file with us.
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Inyo with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Inyo receives such certificate.
4.6 Money Back Guarantee; Limitations and Conditions
Inyo offers a 30-day Money Back Guarantee, applicable only to User’s first account, not to additional or secondary lines. Under terms of this Money Back Guarantee, Inyo refunds the activation fee, first month of service, waives the disconnect fee, provided the terms described below are satisfied. Federal excise taxes and any other applicable taxes cannot be refunded. Inyo reserves the right to terminate or revoke this Money Back Guarantee at any time, without prior notice. In order to be entitled to this Money Back Guarantee, User (i) must cancel service within the number of days in the Warranty Period after the account activation; (ii) must return all Devices within 14 days after cancellation pursuant to Sections and 4.6; and (iii) must not have exceeded 250 minutes of usage. User remains responsible for any charges for domestic usage in excess of the amount included within the Plan to which User subscribes, international usage (including the charges described in Section 4.9), payphone calls to Inyo toll free numbers and directory assistance. THIS MONEY BACK GUARANTEE DOES NOT APPLY TO ACCOUNTS EXCEEDING 250 MINUTES OF USAGE AND SUCH ACCOUNTS ARE NOT ELIGIBLE FOR REFUND OF ANY OF THE CHARGES DESCRIBED HEREIN.
4.7 Payphone Charges
If you make use of Inyo’s Toll Free Plus feature any toll free feature that may be offered by Inyo in the future, you acknowledge and agree that Inyo is entitled to recover from you any charges imposed on Inyo by payphone owners or operators, either directly or indirectly through Inyo’s suppliers in connection with toll free calls made to your number, or any charges imposed on Inyo by its suppliers to recover such costs. Inyo may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as Inyo deems appropriate for the recovery of these costs.
4.8 Charges for Directory Calls
Inyo will charge according to the submitted tariff for each call made to Inyo directory assistance.
5. LIMITATION OF LIABILITY
Inyo shall not be liable for any delay or failure to provide the Service, including 911 dialing, Voice (VoIP), Video, or Internet at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1. act or omission of an underlying carrier, service provider, vendor or other third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or modification;
4. force major events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure caused by the loss of power to Customer;
8. outage of Customer's ISP or broadband service provider;
9. act or omission of Customer or any person using the Service provided to Customer; or
10. any other cause that is beyond Inyo’s control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
Inyo’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Inyo’s performance or nonperformance hereunder or (iii) any Inyo act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
5.1 Disclaimer of Damages
IN NO EVENT SHALL INYO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT INYO WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
Customer agrees to defend, indemnify, and hold harmless Inyo, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney’s fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.
5.3 No Warranties on Service
INYO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, INYO DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER INYO NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO INYO’SOR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF INYO’SOR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY INYOOR INYO’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
5.4 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Inyo reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Inyo determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Inyo’s ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Inyo’s actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Inyo against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
6 Governing Law
The Agreement and the relationship between you and Inyo shall be governed by the laws of the State of California without regard to its conflict of law provisions. Inyo agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum. The failure of Inyo to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6.1 Entire Agreement
This Agreement and the rates for Services found on Inyo’s website constitute the entire agreement between you and Inyo and govern your use of the Service, superseding any prior agreements between you and Inyo and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Inyo unless and until posted in accordance with Section 3 hereof.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Acceptable Use Policy (AUP)
Responsibility for Content
The Customer understands that Inyo is not responsible for any conduct, content, goods and services that are or may be available through the internet using Inyo's services. The Customer agrees that Inyo is not responsible for the accuracy or quality of any information obtained through the internet.
The Customer and/or its users agree to comply with all applicable laws, rules, and regulations in connection with Customer's use of the service provided by Inyo. The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or otherwise protected material, to the internet without express authorization or a purchased license of the owner(s) or the person(s) owning the copyrighted material. It is agreed that some of the services provided by Inyo make Inyo a "service provider" as defined in the Digital Millennium Copyright Act, and therefore Inyo has no responsibility for the content of Customer's websites. If Inyo receives a copyright complaint, Inyo may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or license distribution for any item displayed on Customer's website so as to resolve the complaint or claim. If Customer is unable to provide such information to Inyo, within a reasonable time, then Customer must remove the questionable material, or face having the applicable pages deleted by Inyo.
Customer agrees to keep its site free of any illegal content including, but not limited to, threats of physical harm to persons or property, programs containing viruses, pirated software, child pornography, and violations of international export control laws. Customer is solely responsible for every aspect of its on-line business and/or sites. Without limitation, Customer is solely responsible for the security of any of its own customers' information, including credit card numbers. Customer hereby authorizes Inyo to delete any of Customer's data which Inyo reasonably believes violates any law or violates this Agreement.
Customer agrees to fully comply with the United States FTC Act and any related rules, regulations and advisory opinions issued by the FTC. Customer agrees to avoid unfair or deceptive advertising and, in particular with the FTC Act, Customer agrees to be in compliance with the FTC Act with regard to any representations and disclosures.
Customer agrees that Inyo has not provided any legal advice in the past or by way of this AUP and represents to Inyo that it will seek legal counsel from any attorney of its own selection to advise it on all legal issues related to this Agreement.
Customer agrees that it is its responsibility to and it will comply with all laws, rules and regulations that apply to Customer's business, not just the FTC rules discussed herein. Customer agrees that it will review the FTC website and will consult with its own attorney regarding any questions related to the FTC rules or other laws, rules and regulations. As an example of the FTC rules, Customer agrees that any and all use of the word "free" must comply with said rules and regulations as embodied in the FTC Guide concerning use of the word "free" and similar representations, a copy of which may be found at http://www.ftc.gov/bcp/guides/free.htm.
Unsolicited Commercial Bulk E-Mail
Customer agrees not to use any of Inyo's services, directly or indirectly, to solicit the performance of any activity that is prohibited by law or for the illegal distribution of Unsolicited Commercial Bulk E-Mail ("UCBE"), commonly known as "SPAM," nor will Customer forge or use without authorization, any mail header information. Customer agrees and understands that several states and the federal government have proposed and/or passed legislation into law to control UCBE.
Inyo reserves the right to reject postings from newsgroups where it has actual knowledge that the content of the newsgroup violates this Agreement. Customer agrees to abide by established Usenet conventions (more commonly known as "Netiquette") and Customer is advised to check the rules and prohibitions for each Usenet site. Customer is prohibited from forging Usenet header information, posting chain letters, inappropriate messages or posting encoded binary to Usenet newsgroups not specifically named for that purpose.
In the case of adult oriented sites, Customer agrees to present a disclaimer and a means of an exit to visitors before granting access to any area deemed as adult in nature, sexually explicit or unsuitable materials for minors. Inyo may, at any time, at its sole discretion, require the Customer to provide legal documentation fulfilling the requirements of the federal law, 18 U.S.C. Section 22.57 for their review. Any Customer found to be in noncompliance with 18 U.S.C. Section 22.57 or any other applicable law may have their account suspended or revoked, and their inappropriate documents or photographs deleted, at the sole discretion of Inyo.
Any violation of system or network security is prohibited and may result in criminal and civil liability. Unauthorized access of the servers is strictly prohibited. Customer agrees to not engage in such activity or to attempt to breach the servers for the purpose of altering or manipulating the hardware or software, compromising the servers, or for any unauthorized use commonly known as "hacking." In addition, Customer is prohibited from the following: (1) Any unauthorized access to or use of data, systems or networks; (2) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; (3) Without authorization, interference with service to any user, host or network; (4) Introducing a malicious program into the network or server (i.e., viruses and worms); (5) Unauthorized use of, or forging, any header or any part of the header information in an e-mail or newsgroup posting; (6) Circumventing user authentication or security of any host, network or account. (7) Attempting to cancel, supercede or otherwise interfere with Usenet or e-mail posts other than one's own; and (8) Using an account at another provider to promote your site with Inyo in an abusive manner.
Customer is prohibited from utilizing Inyo's service for the purpose of compromising the security or tampering with system resources or accounts on computers at Inyo's or any other site. In the event Customer is involved in systems security, Inyo reserves the right to release information about Customer to system administrators at other sites in order to assist in resolving security incidents and Inyo shall cooperate with any law enforcement agency investigating a criminal violation of a system or network security. This paragraph is controlled by the "Liability of Customer" paragraph set out below.
Liability of Inyo
Customer agrees that the liability of Inyo shall be limited to damages not to exceed the amount Inyo charges Customer for any period in which Inyo fails to provide the agreed upon services, if any, only if Inyo's failure to provide the services are Inyo's fault and a violation of this Agreement.
By using or otherwise benefitting from the services provided by Inyo, to the extent allowed by law, Customer and/or its users hereby waive their rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. After consultation with an attorney of my own selection, I voluntarily consent to this waiver.
In addition, all services provided by Inyo are provided "AS IS" for your use. The services are 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 non-infringement. Use of these services is solely at the user's risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Under no circumstances shall Inyo, its subsidiaries, licensors, employees, officers, directors, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that may result from the use of or inability to use, the services of Inyo as contemplated by this Agreement. The limitation of liability described herein applies whether the alleged liability is based on contract, tort, or any other basis, even if Inyo has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion of such limitation of incidental or consequential damages, Inyo's liability in such jurisdictions shall be limited to the extent permitted by law.
Liability of Customer
By using the services of Inyo, Customer agrees to defend, indemnify, and hold Inyo and its subsidiaries, affiliated companies, and all of their employees, contractors, officers, directors, agents, and assigns, harmless from any and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action, arising from or in way related to the services provided by Inyo or the terms of this Agreement.
Choice of Law and Forum
INYO NETWORKS has filed or may elect or be required to file with the appropriate regulatory agency tariffs respecting the delivery of certain Service or INYO NETWORKS may post a Pricing Guide. Tariff(s) are (or upon filing will be deemed to be) incorporated herein by this reference and made a part hereof and the Pricing Guide upon posting on INYO NETWORKS’ website will be incorporated herein by this reference and made a part hereof. Such tariffs and/or Pricing Guide as are then in effect at the time of the Customer Order, are to be deemed binding upon all Service ordered by Customer, and, in the event such provisions are inconsistent with the terms of a Customer Order the terms set forth in the applicable tariff or the Price Guide shall control. This Agreement shall be governed by, and construed and enforced in accordance with, as applicable, (i) the Communications Act of 1934, as amended and (ii) the laws of the State of California, without regard to California’s conflict of law principles.
Severability and Integration
Unless otherwise specified herein, this AUP constitutes the entire agreement between Customer and Inyo with respect to the services provided by Inyo and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Customer and Inyo with respect to the services provided by Inyo. If any part of this AUP is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in force and effect. However, Inyo and Customer may enter into a separate agreement regarding Inyo's rates and charges and the services provided by Inyo to the Customer.
In the event that Customer has not complied with any part of this Agreement or fails to pay the monthly charges agreed to, Inyo reserves the right to alter access to the service, or terminate the service, without notice to, or authority from Customer, and the Customer forfeits any prepaid amounts to Inyo.
Customer agrees that Inyo shall have no liability for Customer's information, files, documents, Customer lists and/or information, or other property. Customer also agrees that all risk of loss shall remain with Customer and that Customer will carry sufficient insurance to protect its interests in its software, information, and any hardware.
Customer is responsible to regularly back-up its information, purchase, install and maintain any anti-virus software necessary, and to purchase and install programs to minimize the risk of hacking from third parties. Customer understands that any system is at risk of "hacking," viruses and worms, or "acts of God." Customer assumes all responsibility for such risks.
Acceptable Use Policy Revisions
Inyo may at any time revise the Acceptable Use Policy without notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Acceptable Use Policy to which you are bound.
Inyo Networks agree that they shall not publish, communicate, disclose or cause to be published, communicated, or disclosed in any manner whatsoever or to any person whatsoever, information gather for the purpose of installing and supporting Residential Voice (VoIP), Video, and Internet Services, with the exception that the parties may disclose related Customer Order as necessary to fulfill the terms and obligations set forth herein and to their respective attorneys, accountants, auditors, regulators or to comply with law. In addition, under federal law Customer has the right to, and INYO NETWORKS has the obligation to protect, the confidentiality of certain Customer Proprietary Network Information ("CPNI") such as the Services Customer is using, how Customer uses them and related billing information. In order to ensure that customer is able to benefit from additional telecommunications services provided by INYO NETWORKS and its affiliates Customer authorizes INYO NETWORKS and its affiliates to utilize Customer's CPNI for the purpose of providing the Customer with information on such additional telecommunications services. Customer understands that they may withhold such consent or withdraw this authorization at any time by notifying INYO NETWORKS in writing to Inyo Networks Inc. 10630 Town Center Drive Suite 117 Rancho Cucamonga Ca 91739 and that such withholding or withdrawal of consent will not affect the provision of any services to which the customer already subscribes but may result in customer no longer being able to benefit from additional telecommunications services provided by INYO NETWORKS or its affiliates.