Terms of Service
Metro Hi Speed Internet Terms of Service
It is Metro Hi Speed's intent to provide our customers with fast, high-performance, secure, cost-effective Internet solutions. In order to accomplish this, we have adopted this Terms of Service (the "TOS" or "Policy"). This Policy outlines acceptable use and rights of the Metro Hi Speed Internet service and related applications (the "Service"), as well as permissible and prohibited conduct for using the Service to access the Internet (including email fax). All capitalized terms used in this TOS that are not defined here have the meanings given to them in the Subscriber Agreement.
CUSTOMER AND SUBSCRIBER AGREEMENT
Metro Hi Speed may revise this Terms of Service (the "Policy" or "TOS") from time to time, without notice, by posting a new version of this document on the Metro Hi Speed web site at http://www.metrohispeed.com/ (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of the Metro Hi Speed should, and you agree to, regularly visit our web site and review this Policy to ensure that your activities conform to the most recent version. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern.
CUSTOMER RESPONSIBILITIES
If you are registering on behalf of a business or entity other than an individual account holder, you warrant that you have the authority to bind that business or entity. In the event that your apparent authority is denied, you agree to be personally responsible for compliance with all Metro Hi Speed policies, including all fees and charges owed to Metro Hi Speed.
It is the responsibility of all Metro Hi Speed High-Speed Internet customers and all others who have access to Metro Hi Speed's network ("customer," "you," or "your"), to comply with this Policy and all Metro Hi Speed policies. As a customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion. Failure to comply with these or any other Metro Hi Speed policies could result in the suspension or termination of your Service. If you do not agree to comply with all of these policies including the TOS, you must immediately stop use of the Service and notify Metro Hi Speed so that your account may be closed.
PRIVACY POLICY
See the Privacy Statement for disclosures relating to the collection and use of your information.
SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also choose a password. You are entirely responsible for maintaining the confidentiality of your password, login and account from any misuse of the Service, even if the misuse was committed by an authorized or unauthorized user with access to your Service account.
In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Metro Hi Speed recommends against enabling file or printer sharing of any sort unless you do so in strict compliance with all security recommendations and features provided by Metro Hi Speed and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate.
PROHIBITED USES AND ACTIVITIES
As noted above, Metro Hi Speed reserves the right to immediately terminate the Service if, in its sole discretion, you engage in any of the prohibited uses. Prohibited uses include, but are not limited to, using the Service for the following purposes:
1. undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
2. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
3. access any other person's computer or computer system, software, fax machine or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
4. use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning, for any reason, is strictly prohibited;
5. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;
6. copy, distribute, or sublicense any software provided in connection with the Service by Metro Hi Speed or any third party, except that you may make one copy of each software program for back-up purposes only;
7. restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
8. restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Metro Hi Speed (or Metro Hi Speed supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any Metro Hi Speed (or Metro Hi Speed supplier) facilities used to deliver the Service;
9. resell the Service or otherwise make available to anyone outside the premises the ability to use the Service (i.e. wi-fi, or other methods of networking), in whole or in part, directly or indirectly, or on a bundled or unbundled basis. You agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a non-Metro Hi Speed local area network or wide area network. However, such use is permissible with the express written permission of Metro Hi Speed;
10. connect multiple computers behind the router to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy or an applicable Service plan;
11. transmit unsolicited bulk messages, transmit bulk commercial messages consented to or not that in Metro Hi Speeds sole discretion imposes an unreasonable or disproportionately large load on Metro Hi Speeds' ability to provide or maintain its normal capacity for the Service, or transmit "spam." This includes, but is not limited to, unsolicited advertising, unsolicited email faxing, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
12. send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup, or chat service;
13. distribute programs that remove locks or time-outs built into software (cracks);
14. initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
15. participate in the collection of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
16. collect responses from unsolicited messages;
17. impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
18. service, alter, modify, or tamper with the Metro Hi Speed Equipment or Service or permit any other person to do the same who is not authorized by Metro Hi Speed;
19. connect the Metro Hi Speed Equipment to any computer outside of your premises;
20. collect, or attempt to collect, personal information about third parties without their consent;
21. interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host;
22. violate the rules, regulations, or policies applicable to any network, server, computer database, or Web site that you access; and
23. any other use that Metro Hi Speed has a good faith reason to believe may create liability for Metro Hi Speed, or compromise or disrupt the Services for you or other Customers.
OWNERSHIP
You understand and agree that you are not the owner of any fax number assigned to you by Metro Hi Speed. Ownership of any such fax number is vested solely in Metro Hi Speed (who will assign or re-assign such numbers to you for your use during the term of this agreement). You understand and agree that (a) Metro Hi Speed may from time to time need to change the number assigned to you (due to an area code split or for any other reason outside of Metro Hi Speed's control) and (b) following the termination of your Metro Hi Speed account for any reason you will no longer have access to such number. In either case, such fax number may be re-assigned immediately to another customer and you agree that Metro Hi Speed will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contract, tort or other grounds, even if Metro Hi Speed has been advised of the possibility of damages. Metro Hi Speed, in its sole discretion, may transfer a fax number to you in limited circumstances.
Notwithstanding the foregoing, you understand and agree that you and you only, are responsible for all data conveyed by you to third parties when using Metro Hi Speed's fax number. Accordingly, you agree to indemnify Metro Hi Speed for any and all damages associated with data conveyed by you to third parties. By way of example, but without limitation, you are responsible for any damages Metro Hi Speed may incur as a result of any telephonic nuisance experienced by a third party when your use (accidental or otherwise) of the email fax service causes a non-fax residential phone number to ring repeatedly.
INAPPROPRIATE CONTENT AND TRANSMISSIONS
Metro Hi Speed reserves the right, but not the obligation, to refuse to transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, and regardless of whether this material or its dissemination is unlawful. Neither Metro Hi Speed nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, email, fax, newsgroup, and instant message transmissions as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Metro Hi Speed and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with the Subscriber Agreement and any other applicable agreements and policies.
UNSOLICITED EMAIL AND FAX ADVERTISEMENT POLICY
The Federal Telephone Consumer Protection Act (TCPA) regulates the transmission of unsolicited fax advertisements in the United States and is also regulated under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.
The Service may not be used to send unsolicited bulk or commercial email and email faxes and may not be used to collect responses from unsolicited email and email faxes sent from accounts on other Internet hosts or email and email fax services that violate this Policy or the Terms of Service of any other Internet service provider. Moreover, unsolicited email and email faxes may not direct the recipient to any Web site or other resource that uses the Service. Activities that have the effect of facilitating unsolicited commercial email or email faxes or unsolicited bulk email or email faxes, whether or not the email or email fax is commercial in nature, are prohibited. Forging, altering, or removing electronic mail or fax headers are prohibited. You may not reference Metro Hi Speed or the Metro Hi Speed network (e.g. by including "Organization: Metro Hi Speed" in the header or by listing an IP address that belongs to Metro Hi Speed or the Metro Hi Speed network) in any email or email fax even if that email or email fax is sent through the Metro Hi Speed network or Service.
FEES AND CHARGES
Charges for services may include activation, monthly or subscription fixed term service, reactivation and usage fees.
You agree your activation fee and monthly or subscription fixed term service fees are payable in advance in the currency in which they are billed and are COMPLETELY NON-REFUNDABLE. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. All billing addresses provided for Metro Hi Speed service must be a legal United States, Canada or Puerto Rico billing address. All fees and charges indicated are in United States currency.
Your second month of service upon initial activation is FREE for the first 1,000 combined incoming and outgoing pages per fax number. Per page usage charges after 1,000 pages will be billed at $.03 per page for fax destinations within the United States, Canada or Puerto Rico. Variable per page rates apply for all international fax destinations outside the United States, Canada or Puerto Rico.
You agree that Metro Hi Speed may (at its sole discretion) accumulate charges incurred during each month and submit them as one or more aggregate charges at the end of each month for each fax number with usage. Per page usage charges after 1,000 pages will be billed at $.03 per page for fax destinations within the United States, Canada or Puerto Rico. Variable per page rates apply for all international fax destinations outside the United States, Canada or Puerto Rico.
Quarterly, Semi-Annual and Annual Subscribers will be charged in advance for each fixed term of service. This is COMPLETELY NON-REFUNDABLE. Annual Subscribers will be billed in advance for 12 months of service for the price of 11. Per page usage charges after 1,000 pages will be billed at $.03 per page for fax destinations within the United States, Canada or Puerto Rico. Variable per page rates apply for all international fax destinations outside of the United States, Canada or Puerto Rico.
You agree that Metro Hi Speed may submit charges for your monthly or subscriber fixed term service fee without further authorization from you, until you provide prior 10-days written notice to billing@metrohispeed.com that you have terminated this authorization or wish to change your designated card. Your card issuer's agreement governs your use of your designated card in connection with Metro Hi Speed, and you must refer to the card issuer's agreement with respect to your rights and liabilities as a cardholder. Such notice will not affect charges submitted before Metro Hi Speed reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Metro Hi Speed within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Metro Hi Speed in accordance with this TOS.
You must promptly notify Metro Hi Speed of changes to the account holder name, account number expiration date or billing address of your designated card. You must also promptly notify Metro Hi Speed if your card is placed on hold by your card issuer or canceled for any reason.
Metro Hi Speed reserves the right to suspend or terminate your account without notice upon rejection of any card charges or if your card issuer seeks return of payments previously made to Metro Hi Speed when Metro Hi Speed believes you are liable for the charge(s). If you are liable for the charge(s), a reactivation fee may apply to reactivate service. Once service is suspended, Metro Hi Speed does not guarantee the same fax number(s) will be available if service is reactivated.
Additional charges for international outbound fax service and/or usage-based services are payable in advance by deposit of a fixed amount (U.S. $50, $25, or $10). This deposit will be due and payable immediately upon use. Your deposit will thereafter be depleted based upon your use of the international outbound fax service and/or usage-based service. Each time your deposit is depleted to $3, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you. Please be advised that Metro Hi Speed will bill you for each attempt made by Metro Hi Speed to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
In the event Metro Hi Speed submits charges for your monthly service fee and those charges are rejected by your card issuer, you hereby authorize Metro Hi Speed to use your deposit to pay for any monthly service fee due to Metro Hi Speed until Metro Hi Speed is able to successfully charge your card. In the event Metro Hi Speed is subsequently able to successfully process your monthly service fee through your credit or debit card, Metro Hi Speed will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount and you hereby authorize Metro Hi Speed to do so.
You agree that Metro Hi Speed may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with Metro Hi Speed's verification procedures, as may be established from time to time, in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Metro Hi Speed reasonably could act on your notice. Upon notice, in accordance with Metro Hi Speed's verification procedures, as may be established from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your Metro Hi Speed account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges.
TERMINATION
You are fully responsible for the contents of your transmissions through the Service. Metro Hi Speed simply acts as a passive medium for you to send and receive information of your own choosing. However, Metro Hi Speed reserves the right to take any action with respect to the Services that Metro Hi Speed deems necessary or appropriate, if, in its sole discretion, Metro Hi Speed has a good faith reason to believe that you or your information may create liability for Metro Hi Speed, or compromise or disrupt the Services for you or other Customers. Metro Hi Speed reserves the right to immediately terminate the Service if, in its sole discretion, you engage in any of the prohibited activities listed in this TOS or if you use the Metro Hi Speed Service in a way which is contrary to any Metro Hi Speed policies or any of Metro Hi Speed's suppliers' policies. You must strictly adhere to any policy set forth by another service provider accessed through the Service.
For purposes of this section, a "Customer" is deemed to be the same or substantially related business, person, or other entity, as determined by Metro Hi Speed in its sole discretion.
The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to local, state and federal law, as well as Internet regulations, policies and procedures.
You may terminate your account at any time, with or without cause, upon 10-days written notice to billing@metrohispeed.com and the account will be closed at the end of the current billing cycle. (For example, if the day of your renewal is the 25th, you would send an email to billing@metrohispeed.com dated on or before the 15th requesting cancellation of service.) Metro Hi Speed may terminate your account at any time. Any such notice by you to Metro Hi Speed must be in accordance with Metro Hi Speed's authentication procedures and which may include the requirement that you contact Metro Hi Speed by phone to confirm that any such notice was in fact sent by you. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
Metro Hi Speed shall have no responsibility to notify any third party of any suspension, restriction or termination of your account. Metro Hi Speed shall have no obligation to maintain any faxes, messages or other content in your account or forward any faxes or unread or unsent messages to you or any third party.
Metro Hi Speed is not responsible for forwarding email or faxes sent to any account that has been suspended or terminated. The email or faxes will be returned to the sender, ignored, deleted, or stored temporarily at Metro Hi Speed's sole discretion. In the event that Metro Hi Speed believes in its sole discretion that any subscriber name, account name, or email address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Metro Hi Speed (i) reserves the right to block access to and prevent the use of any such identifier and (ii) may at any time require any customer to change his or her identifier. In addition, Metro Hi Speed may at any time reserve any identifiers on the Service for Metro Hi Speed's own purposes.
VIOLATION OF TERMS OF SERVICE
Metro Hi Speed does not routinely monitor the activity of Service accounts for violation of this TOS. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although Metro Hi Speed has no obligation to monitor the Service and/or the network, Metro Hi Speed and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Metro Hi Speed users.
Metro Hi Speed prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way that Metro Hi Speed or its suppliers, in their sole discretion, believe violate this TOS, Metro Hi Speed or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. Neither Metro Hi Speed nor its affiliates, suppliers, nor agents will have any liability for any of these responsive actions. These actions are not Metro Hi Speed's exclusive remedies and Metro Hi Speed may take any other legal or technical action it deems appropriate.
Metro Hi Speed reserves the right to investigate suspected violations of this TOS, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Metro Hi Speed 's servers and network. During an investigation, Metro Hi Speed may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize Metro Hi Speed and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. This cooperation may include Metro Hi Speed providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, Metro Hi Speed is authorized to delete any files, programs, data and email messages associated with your account.
The failure of Metro Hi Speed or its suppliers to enforce this TOS, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
PERIPHERAL APPLICATION(S) AND INTELLECTUAL PROPERTY RIGHTS
The Service you purchase may include licensed software application(s) ("Applications") belonging to Metro Hi Speed and/or third parties. Metro Hi Speed grants you a nonexclusive, nontransferable sub-license or licenses the accompanying Applications in executable form, subject to the terms and restrictions set forth in this Policy. No license is granted to you in the human readable code of the Application(s) (the source code).
Metro Hi Speed alone (and its licensors, where applicable) shall own all right, title and interest, including all related unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world ("IP Rights") in and to the Service, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale of IP Rights and does not convey to you any rights of ownership in or related to the Service or the IP Rights owned by Metro Hi Speed or third parties. The Metro Hi Speed name, the Metro Hi Speed logo, and the product names associated with the Service are trademarks of Metro Hi Speed or third parties, and no right or license is granted to use them.
INSTANT MESSAGES
Users alone are responsible for the contents of their instant messages and the consequences of any instant messages. Metro Hi Speed assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.
NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS
You must comply with all current bandwidth, data storage, and other limitations on the Service established by Metro Hi Speed and its suppliers. In addition, you may only access and use the Service with a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not access or use the Service with a static IP address or using any protocol other than DHCP unless you are subject to a Service plan that expressly permits otherwise.
You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit, or degrade any other user's use of the Service, nor represent (in the sole judgment of Metro Hi Speed ) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Metro Hi Speed 's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services.
COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
Metro Hi Speed takes allegations of copyright infringement very seriously. If you believe in good faith that Metro Hi Speed is the hosting service provider of material that infringes your copyright, you may submit a written notification of claimed infringement to Metro Hi Speed ' designated agent:
By Mail:
DMCA Designated Agent
Metro Hi Speed 13400 NE 20th St Ste 49
Bellevue, WA 98005-2026
By Phone: 425.373.3311
By Fax: 425.373.1100
By Email: copyright@metrohispeed.com
NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of copyright claims under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
DISCLAIMER OF WARRANTY
METRO HI SPEED'S GOODS AND SERVICES ARE PROVIDED "AS IS" AND IN NO EVENT WILL METRO HI SPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, ACCOUNTS OR LOST BUSINESS, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
LIMITATION OF DAMAGES
Notwithstanding the foregoing, UNDER NO CIRCUMSTANCE SHALL METRO HI SPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES IN EXCESS OF THE PRICE OF THREE (3) MONTHS OF THE METRO HI SPEED SERVICE. The price of the service shall be the rate in effect on the day you signed up for the service.
INDEMNIFICATION
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY METRO HI SPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF ANY GOODS OR SERVICES, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHT OF ANY THIRD PARTY. METRO HI SPEED MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH METRO HI SPEED IN SUCH EVENT. Your indemnification will survive any termination.
INTEGRATION
This Terms of Service (and any documents referred to in it, including, but not limited to the METRO HI SPEED REFERRAL PROGRAM) contains the whole agreement between the Parties relating to the transactions contemplated by this Terms of Service and supersedes all previous understandings and agreements between the Parties relating to these transactions. Each Party acknowledges that, in agreeing to enter into this Terms of Service, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Terms of Service and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. Each Party waives all rights and remedies which, but for this Clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in this Clause shall limit or exclude any liability for wilful misconduct or fraud.
WAIVER
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Terms of Service be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Service.
GOVERNING LAWS
You agree, and will not challenge, that the proper forum for jurisdiction and venue for the resolution of any dispute beyond that addressed in the arbitration provision above shall be the courts of the State of Washington, King County. This agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. The parties acknowledge that this agreement evidences a transaction involving interstate commerce.
INFORMATION FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
