YKOOL! INTERNET SERVICES

Disclaimer

Posted on 8th September

These terms and conditions (the "Terms") govern your use of YKOOL Internet Wi-Fi Service ("Service") YKOOL. Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service. YKOOL reserves the right to amend these Terms at any time. You can review the most current version of these Terms at http://www.madcitybroadband.com/PORTAL/Internet_Broadcast/disclaimer.html and you are responsible for periodically reviewing these terms for any updates or changes. Your continued use of the Service following any updates or changes to these Terms constitutes your acceptance of the new Terms. Customers subscribing to an annual Membership for the Service are also subject to the terms and conditions of the applicable Service Membership Agreement.

 

Description of the Service

General Use Restrictions

Subject to your acceptance of and compliance with these Terms, payment to YKOOL for the Service and compliance with all YKOOL Online Policies identified below, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service or use the YKOOL Network. All information, documents, products, and software (the "Materials") provided with this Service were provided by or to YKOOL Internet Services (YKOOL) by their respective manufacturers, authors, developers, licensees and vendors (including, without limitation, Wayport, Inc.) (the "Third Party Providers") and are the copyrighted work of YKOOL and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, 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 express written permission of YKOOL or the Third Party Provider. You also may not, without YKOOL' prior express written permission, "mirror" any Material provided with this Service on any other server.

Nothing provided with this Service shall be construed as conferring any license under any of YKOOL' or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Charges/Billing/Payment

You agree to pay all charges and fees specified when your ordered the Service, including any monthly recurring or nonrecurring charges, taxes, fees, surcharges or other assessments applicable to the Service. All YKOOL charges for the Service are billed in advance. For customers signing up for an annual Membership ("Membership customers"), your charges for the Service will be billed according to the terms and conditions of your Membership Agreement. For customers with Wireless access through YKOOL who order a subscription to the Service ("Subscription customers"), the monthly recurring charges and rates for the Service will appear on the ISP’s bill. For Subscription customers, the Service is provided on a month-to-month basis and the monthly charges are subject to change. Payment for the Service is due on the date specified on the ISP bill, if any. If any portion of payment is received after the payment due date, a monthly late charge may apply. The monthly late charge will be administered according to the applicable state tariffs and/or in accordance with YKOOL standard billing procedures and will not exceed the highest amount allowed by law. ISP services will be disconnected solely for non-payment of your YKOOL Service charges.

Cancellation of Services

For Membership customers, cancellation of Services is governed by the terms and conditions of your Membership Agreement. For Subscription customers, you may cancel your subscription to the Service at any time by contacting YKOOL. If canceled after the first month subscription charges will be prorated to the date the Service is cancelled. Within YKOOL' sole discretion, YKOOL reserves the right cancel your Service at any time, we will provide a thirty (30) days cancellation notice before cancel user service, if YKOOL determines the Service is being used in an unlawful or improper manner, including violation of any law, regulation, these Terms or the YKOOL Online Policies.

Operational Limits of the Service.

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that YKOOL will not be liable for such interruptions. You further understand and agree that YKOOL has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of YKOOL.

Registration/Customer Information/Password Security

All information that you provide to YKOOL must be accurate, including your name, address, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to YKOOL. You agree to keep confidential your log-in ID and password and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your member ID. You agree to immediately notify YKOOL if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your member ID or password.

Modifications to the Service

YKOOL reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that YKOOL will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

Third Party Content Disclaimer/ Links to Third Party Sites

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by YKOOL. YKOOL does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by YKOOL. This Service may be linked to other websites which are not under the control of and are not maintained by YKOOL. YKOOL is not responsible for the content of those sites. YKOOL is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by YKOOL of those sites.

Software Use Restrictions

Any software that is made available to download with the Service (the "Software") is the copyrighted work of YKOOL and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software is available from YKOOL and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

 

Submissions

Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. YKOOL shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not YKOOL, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

 

Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. YKOOL MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, YKOOL DOES NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON YKOOL' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF YKOOL.

 

Limitation of YKOOL Liability

YKOOL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF
USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL YKOOL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF YKOOL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, YKOOL' SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO YKOOL BY YOU FOR USE OF THE SERVICE.

Liability of Customer

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST YKOOL FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YKOOL (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE YKOOL FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND MATERIALS.

Local Laws; Export Control

YKOOL and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from YKOOL, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

U.S. Government Rights

The Materials on this Service are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of YKOOL' and/or the Third Party Provider's proprietary rights in them.

General

This Service could include inaccuracies or typographical errors. YKOOL and the Third Party Providers may make improvements and/or changes in the products, services, programs, Materials and prices associated with this Service at any time without notice.
Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
YKOOL will not be liable for any delay or failure to perform our obligations if such delay or nonperformance arises in connection with any cause or causes beyond its reasonable control. Such causes shall include, without limitation, any act of God, fire, flood, natural disaster, strike (or other labor dispute), unusually severe weather, vandalism, terrorism, or any act, law regulation or request of any governmental body.
These Terms provide basic guidelines for your use of the YKOOL network, and will be enforced in conjunction with other Terms of Service or Membership Agreement, if any, that govern YKOOL products or services that you use or that you have purchased. In addition, all use of the YKOOL network and this Service is governed by YKOOL' Acceptable Use Policies and Privacy Policy and other guidelines for online activity, as determined solely by YKOOL (collectively, the "Online Policies"). YKOOL can revise its Online Policies at any time without notice by updating this posting.
In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.

 

Trademarks

YKOOL, the YKOOL logo, YKOOL Wi-Fi and the YKOOL Wi-Fi logo, graphics and symbols on the YKOOL website or Service, and all YKOOL-based trademarks and logos, are trademarks or registered trademarks of YKOOL Knowledge Ventures in the United States and other countries.

Digital Millennium Copyright Notices

Notices and demands made pursuant to Section 512(c) of the Digital Millennium Copyright Act should be submitted to:
General Counsel
YKOOL, LLC
10 East Doty Street
Madison, WI 53703
E-mail: support@madcitybroadband.com
Copyright Notice
(c) 2006 - 2007 by YKOOL