America Internet Terms Of Use

ELIGIBILITY & ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to www.americainter.net (the “Site”), the official website for America Internet & Communications, Inc, of Chattanooga, TN (the “Company”). This site is owned and operated by America Internet & Communications, Inc and/or its subsidiaries (collectively “AIC” or “we”).

Unless specified otherwise on the Site, users must be at least 18 years of age and a legal resident of the United States before participation in any contest, sweepstakes or interactive activities. By your participation in our Site activities, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.

By using the Site, you understand, acknowledge and agree that you will be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). In addition, you shall be subject to any posted guidelines, conditions or rules applicable to this Site or any services or products offered through this Site, which may be posted from time to time. All such guidelines, conditions or rules, as well as the Privacy Policy, are hereby incorporated by reference into these Terms of Use. These Terms of Use will remain in full force and effect as long as you are a user of the Site. We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the site immediately. We recommend that you periodically visit this page to review the current Terms of Use.

The terms “you” and “user” as used in the Terms of Use refer to all individuals and/or entities accessing this Site for any reason.

Intellectual Property

You acknowledge that all content and materials available on this site, including without limitation software, text, graphics, images, audio and video clips, artwork, photographs, logos, button icons, documents and marks and any other material on the Site including the selection and arrangement thereof, are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by AIC and/or its subsidiaries, affiliates, assigns, licensors, the Site's designer, hosting, programming and contest management/prize fulfillment vendors, and/or the Site’s advertisers, sponsors, and promotional partners. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or alter any of the information, including, without limitation, any copyright or trademark notices. You may only use the Site or its contents as expressly permitted in these Terms of Use and for no other purpose. AIC, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by AIC. The use or misuse of any of these materials is strictly prohibited.

Notwithstanding any statement to the contrary in these Terms of Use, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third-party web browsers.

COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

1. An electronic or physical signature of the copyright owner or someone authorized to act on the owner's behalf to assert a claim of copyright infringement.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.

3. Identification of material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact the complaining party, such as the party's name, address and daytime telephone number, and an e-mail address, if available.

5. A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Such written notice should be sent to our copyright agent as follows:

DMCA Copyright Agent
America Internet & Communications, Inc
2301 Dodds Avenue
Chattanooga, TN 37407

The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above point of contact. Please note that any person who submits a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.

USER CONDUCT

This Site may provide users with the opportunity to submit, post and/or exchange information, including but not limited to data, software, music, video, audio, photographs, graphics, artwork, messages and other materials (collectively “Postings”), whether publicly posted or privately transmitted. You understand, agree and consent that such Postings are the sole responsibility of the person from which such Postings originated, and as such, you (and not this Site), are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Pursuant to the terms of this Policy, users may not:

• post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;

• post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

• post material that reveals trade secrets, unless you own them or have the permission of the owner to do so;

• post a sexually-explicit image or statement;

• post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortious, abusive, hateful, embarrassing or harmful to another user or any other person or entity;
  post advertisements or solicitations of business;

• post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person; or

• post chain letters or pyramid schemes.

The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users. AIC does not endorse any opinions, which may be expressed by any user. You further agree that any reliance on such Postings by other users will be at your own risk.

AIC does not regularly review, screen or monitor the Site, and as such, AIC assumes no responsibility, obligation or duty to do so. We are not be liable or responsible to any user for performance or nonperformance or use of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Policy, we reserve the right to, in our sole discretion, investigate the allegation and determine thereafter, in our sole discretion, whether or not to remove or request the removal of the material. In addition, you understand, agree, and consent to our right to expel users from the Site and to prevent their access to the Site for violating this Agreement or any applicable law. AIC reserves the right to remove communications considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable in any way.

You also grant AIC a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, modify, adapt, publish, reproduce, copy, distribute, retransmit, translate, create derivative works from, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user’s personal use only.

EMAIL

Email is an important communications channel for the Site and the AIC. All email sent to us should be sent by the individual in whose name the email account is registered. We will use your email address and the content of any email for administrative, legal, and correspondence purposes and to send you information that you may request. AIC assumes no obligation to protect such information from disclosure, and all non-personal content you provide to the Site by email (such as feedback, data, answers, questions, comments, suggestions, plans, ideas, etc.) shall be deemed to be non-confidential. You understand and agree that we shall be free to reproduce, use, disclose and distribute such content without restriction. In addition, you understand and agree that the submission of such information shall in no way prevent or limit the Company’s use of similar products, services, plans and ideas for any purpose.

ADVERTISING AND THIRD PARTY CONTENT

This Site provides general advertising, including banner and tile advertisements, and other content provided by our Advertisers and content providers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by the Company or AIC of any of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site to which the Company is not a party, and you acknowledge and agree that such contractual agreements are solely between the Advertiser and the user. Your further agree that the Site is not responsible for fulfilling any terms, conditions, promises, representations and warranties made by Advertisers or other third parties, including but not limit to in the context of any agreements between users, or the purchase of goods and services offered by Advertisers or other third parties.

PRODUCTS & SHOPPING

This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site. If a Product sold on this Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, AIC EXPRESSLY DISCLAIMS (1) ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND (2) ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor does it constitute a binding confirmation of an offer to sell any Product. AIC reserves the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product upon providing notice of same. Products on the Site are not for resale or for commercial sale. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies. AIC reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.

HYPERLINKS TO THIRD PARTY WEBSITES

This Site provides links to certain third party websites and references to other resources that could be of interest to our users. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by AIC of the content, advertising or business practices (including the privacy policies) of such third party websites, regardless of whether the Company’s logo or sponsorship identification is on the third party website, or whether the Site conducts “framing,” which allows a user to access several web pages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree and consent that AIC and its respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so voluntarily and at your own risk.

CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS

By using or registering on any Site, including but not limited to message boards, chat rooms and other public forums (collectively “Public Areas”), you understand, agree, and consent to follow and to be subject to the Site’s Privacy Policy and the following rules. See AIC’s Privacy Policy. In addition, you agree that we reserve the right, at our sole discretion, to terminate your membership or registration at any time, block access to your membership file or profile(s), delete any or all of your postings, and/or reject participation in any other activity or service provided to you by the Site. AIC also reserves the right to take such actions, with or without notice, and without any liability to the account holder and user.

As an entertainment service to our users, this Site provides Public Areas that enable users to interact with other users, on-air talent and other AIC personnel, and share commentary on a variety of subjects. A variety of subjects may be discussed via the Public Areas, however, use of such areas may only be for lawful and non-commercial purposes. The Site specifically prohibits certain uses and activities. You understand, agree and consent by accessing or registering on Public Areas or any interactive area of the Site that you are prohibited from use of the Site for (i) any of the purposes below and (ii) the conduct listed in the User Conduct section of this Agreement:

• Posting a profile for anything other than to participate in online discussion via the Public Area.

• Deleting or revising any content or material posted by any other person or entity.

• Sending a message to a user for any reason other than to participate in online discussions.

• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") 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, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER COMPANY, AIC, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, RELATED GRAPHICS, DESIGN, VIDEO CLIPS, AUDIO CLIPS, ARTWORK, IMAGES, PHOTOGRAPHS, LINKS, DATA, OR OTHER MATERIAL, IS ACCURATE, RELIABLE, COMPLETE, TIMELY OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY, OUR PARENT, SUBSIDIARIES, OWNER, OPERATOR, AFFILIATES, SUCCESSORS AND ASSIGNS OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COMPANY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Indemnification

You agree to defend, indemnify, and hold the Company, AIC, its parent, subsidiaries, affiliates, and their employees, officers, directors, agents, representatives, and contractors harmless from any and all liabilities, claims, actions, demands, costs and expenses, including reasonable attorney's fees, that arise from your use or misuse of the Site or the Content therein or from your breach of any provision of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

SECURITY OF THE SITE

Certain of the Site’s listener/user and other membership activities are to be accessed only by registered users of the Site which should have only one unique user name with one unique password. If you are found to share passwords with any non-registered member we may terminate your membership, at our discretion, immediately without notice.

As a user of this Site, the following actions are also prohibited:

• Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.

• Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.

• Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.

• Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any user.

• Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Company, the Site, or any other activity, program, product, or service.

• Harvesting email addresses off this Site through an automated process.

• Bypassing this Site’s homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from AIC. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of AIC.

• Attempting to gain unauthorized access to the Site’s features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site.

• Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or Company official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities.

• Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site’s contents, or otherwise copying any part of the Site Material and/or layout.

Violations of the Site’s system or network security may result in civil or criminal liability. AIC may investigate possible violations of system or network security and reserves the right to involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. AIC may, in its sole discretion, terminate the membership of any person believed to have violated any of its security provisions.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. AIC reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, at any time and for any reason whatsoever. In the event of such termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, AIC shall not be liable to you or any third party for any termination of your access to all or part of the Site.

Accounts, Security, Passwords

If at any time the Site requires you to open or register an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. Registration for an account on this site is subject to those additional terms and conditions accompanying the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify AIC of any unauthorized use of your account. AIC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

MODIFICATION, SUSPENSION OR DISCONTINUANCE

AIC reserves the right to modify or discontinue the Site (or any part thereof) at any time, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that AIC will not be liable to you or to any third party for any such modification, suspension or discontinuance of any or all services offered on the Site. No changes to these Terms of Use shall be made except by a revised posting on this page and no advice or other information provided by AIC or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from AIC.

CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES

To participate in various Site activities, users must complete a registration process and may receive/select a “user name” and password. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy and the user name and password received upon registration on the Site. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify the Site of any unauthorized use of your registration and/or password.

International Use

By choosing to access the Site from any location other than the United States, you do so at your own risk and initiative and accept full responsibility for compliance with all applicable local laws of that jurisdiction. AIC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

CHOICE OF LAW

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Tennessee, U.S.A., without regard to conflicts of law provisions. 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 the Site shall be filed only in the state or federal courts located in the State of Tennessee, 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.

INTEGRATION AND SEVERABILITY

These Terms of Use constitute the entire agreement between AIC and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use agreement, or the application thereof to any person or circumstances, is determined to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions, and all other provisions of the Terms of Use shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as specifically provided elsewhere herein, these Terms of Use constitute the entire agreement between you and AIC with respect to the use of the Site.

CONTACT INFORMATION

If you have any questions regarding this Agreement, please contact the Site Administrator via email at gary@aicmail.net, or contact:

America Internet & Communications, Inc.
2301 Dodds Avenue
Chattanooga, TN 37407
Phone: (423) 553-9500

(Last updated September, 2007)