Terms of Use

TERMS OF USE

1. Access to Premium Content Subject to Terms of Use. Grande Communications Networks, LLC ("Grande") provides the Internet Premium Content Service (the "Service") to you, subject to these Terms of Use ("TOU"). The TOU is a contract between you and Grande. By registering for the Service you are acknowledging that you are at least 18 years old, have read the TOU and agree to be bound by its terms and conditions. Grande may amend or otherwise modify the TOU at any time without notice to you. The most current version of the TOU at any is available at: http://www.grandecom.com/privacy.php for your review. If you do not agree with the terms and conditions of any amended or modified TOU, you must discontinue your use of the Service. If you continue to use the Service, you will be deemed to have accepted the terms and conditions of the TOU which is then in effect. Additional or different terms may apply to content which you access using the Service because this content (the "Content") is provided by third parties.

2. The Service. You understand and agree that the Service may include advertisements and that these advertisements are necessary for Grande to provide the Service. You also understand and agree that the service may include certain communications from Grande, such as service announcements and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless expressly stated otherwise, any new features that add to or enhance the current Service, including the availability of additional Content, shall be subject to the TOU.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider charges) and all associated fees. You are also responsible for providing all equipment necessary to access the Service.

You agree that Grande shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

3. Registration. In consideration of your use of the Service, you agree to: (a) provide true, accurate, complete and current information about yourself as required by the registration form for the Service (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, complete and current. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Grande has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Grande has the right to suspend or terminate your access and deny current or future use of the Service.

4. Billing and Payment. By completing the registration process, you authorize Grande to charge you for any standalone or bundled Content subscriptions which you select to receive using the Service. You may be billed on a monthly, quarterly, annual or other periodic basis depending upon the subscriptions you choose. If your billing information (credit card number, billing address, etc.) changes, you must update your information calling Grande's Customer Care Center. If you cancel any subscription you will not receive a refund for any unused period of time. You may also be billed for taxes, if any, which apply to your subscriptions.

Subscription rates may be changes upon reasonable advance notice to you. If you continue your subscription you will be deem to have agreed to pay the new rates.

5. Grande Privacy Policy. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.grandecom.com/privacy.php

6. Password and Security. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Grande of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Grande cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

You acknowledge that Grande reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Grande reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. License. (a) Grande grants you a personal, non-transferable and non-exclusive right and license to use the Service to access and otherwise interact with Content which you have the legal right to use, whether by paying for a subscription to that Content or otherwise. You agree not to access the Service by any means other than through the interface that is provided by Grande for use in accessing the Service.

(b) You understand and agree that the Content is owned by our business partners, affiliates and/or licensors, as applicable, and that the Content is protected by intellectual property laws. You have a limited, non-exclusive, non-transferable, revocable right to access the Content using the Service from your computer. You understand and agree that you may not reproduce, modify, display, perform, transfer, distribute or otherwise use any Content or allow anyone else to do so. You agree to advise us of any such improper use of the Service or the Content.

(c) You agree to not use the Service to: (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (ii) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.

(d) Unless otherwise provided in connection with any particular Content made available using the Service, you may only access the Content from locations within the United States.

8. Personal Use of Service and Content. You agree that your use of the Service is for private personal uses only and that you will not give access to the Service or any Content available using the Service to any third party.

9. Termination of Access. Grande reserves the right, under certain circumstances and without prior notice, to immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other incorporated agreements or policies, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service or any Content made available using the Service, (iv) technical issues or difficulties, or (v) extended periods of inactivity. You agree that all terminations for cause shall be made in Grande's sole discretion and that Grande shall not be liable to you for any termination of your access to the Service.

You acknowledge and agree that cancellation of any subscriptions and discontinuing your use of the Service is your only remedy if you have any disagreement or dispute with us or any Content Provider. This includes, but is not be limited to, disagreements or disputes arising out of the TOU, any policy or practice of Grande including its privacy policy, any Content, and any fees or changes of fees, applicable taxes and billing practices.

You may cancel any subscription by calling Grande Customer Care Centers.

10. Responsibility for Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") which is available through the Service is provided by third parties who are solely responsible for such Content. Grande does not control the Content and does not guarantee the accuracy, integrity or quality of the Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Grande be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via the Service.

You acknowledge that Grande does not pre-screen Content, but that Grande and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that is available via the Service. Without limiting the foregoing, Grande and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable.

11. Products or Services Available Using the Service. Any agreements which you may make with advertisers or Content providers who use the Service, including but not limited to, agreements to pay for and take delivery of any goods or services, and any other terms, conditions, warranties or representations relating to such agreements are solely between you and the advertiser or Content provider. You agree that Grande shall not have any liability or responsibility to you for any loss or damage of any kind which you incurred as the result of any dealings which you may have with any advertisers or Content providers.

12. Links. The Service may include, or Content which is available through the Service may include, links to websites or locations which are outside of the Service. Grande is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or locations and the presence of such links does not constitute an endorsement of any third party product or service. You acknowledge and agree that Grande shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, products or services available on or through any such sites or locations.

13. Proprietary Rights. You acknowledge and agree that the Service and all software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content available using the Service and/or advertisements are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to create derivative works based on the Service, the Software, the Content or advertisements delivered through the Service, in whole or in part, or to otherwise violate or infringe upon the intellectual rights of Grande or any third party.

14. Trademarks. Grande Communications and the Grande logo and other Grande logos and product and service names are trademarks of Grande Communications Networks, LLC (the "Grande Marks"). You agree that you will not use or display the Grande Marks in any manner without the prior express written consent of Grande.

15. Warranty Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE SERVICE IS AT YOUR RISK.
GRANDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WILL NOT HOLD GRANDE, ANY PARTNER OR ANY CONTENT PROVIDER, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM YOUR USE OF THE SERVICE OR ACCESSING ANY CONTENT USING THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES TO ANY SOFTWARE OR SYSTEMS YOU MAY USE TO ACCESS THE SAME.

(b) GRANDE DOES NOT MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, or (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

(c) GRANDE AND THIRD PARTY CONTENT PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED IN ANY CONTENT AND SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY FINANCIAL OR INVESTMENT DECISIONS WHICH YOU MAY MAKE ON THE BASIS OF INFORMATION CONTAINED IN THE CONTENT.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRANDE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AS AMENDED FROM TIME TO TIME.

(e) ANY SOFTWARE OR OTHER COMPUTER FILES OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE THAT MAY HAPPEN TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH SOFTWARE OR OTHER COMPUTER FILES OR MATERIALS.

16. Liability Limitations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRANDE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF GRANDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

17. Limitations and Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. Notices. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.

19. Miscellaneous. The TOU constitute the entire agreement between you and Grande and governs your use of the Service and the Content and supercedes all previous verbal or written understandings or agreements between you and Grande. The section titles in the TOU are for convenience only. You may be subject to additional terms, conditions and/or restrictions which apply to Content which you access using the Service. The TOU and your agreement with Grande shall be governed by and construed using the laws of the State of Texas without regard to its conflict of law principles. You and Grande agree to submit to the personal and exclusive jurisdiction of Texas state and/or federal courts sitting in Travis County, Texas. The failure of Grande to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision or otherwise limit or restrict Grande's right to exercise or enforce any right or provision of the TOU in the future. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you and Grande agree that such court shall give effect to intentions as reflected in such provision to the fullest extend permitted by such court and the remaining provisions of the TOU shall remain in full force and effect.