A. Acceptance Of Terms Through Use
By using this site, you signify your agreement to all terms, conditions, and notices
Use please do not use this site. We reserve the right, at our discretion, to update or
B. Agreement to Rules of Conduct
You agree to abide by BELD's Rules of Online Conduct, including but not limited to,
agreeing not to use this site for any unlawful purpose. The Rules of Online Conduct are
set forth below.
C. Proprietary Rights and Grant of Limited License
BELD provides access to information, communications, software, photographs, video, graphics,
music, sounds and other material and services located both on BELD's computer servers and other
services on the Internet ("Content."). Such Content may be protected by copyrights, trademarks,
other intellectual property rights, and other proprietary rights ("Rights") of independent third
parties. You agree that your use of such Content shall be governed by all applicable laws and
regulations, and by the specific restrictions placed on such Content by the owners and/or licensors
of the Rights in such Content. You agree not to post or transmit Content that is subject to another
party's Rights, on or through the service offered by BELD, without that party's express written
permission, when such permission is required by law or agreement.
You also agree that by posting or transmitting Content to any public area (such as public
chat rooms, message boards, newsgroups, webspace or software libraries) you are requesting
BELD to make that material available to other Internet users and you understand that such
access will result in copies of your Content being transmitted to others. In order to permit
BELD to publish your Content, you automatically grant, or represent and warrant that the
owner of the rights in any such Content, has expressly authorized you to grant, BELD a royalty-free,
perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform
and display such Content (in whole or in part) worldwide to service subscriber's request.
You further warrant and represent that use of your Content will not infringe or violate the
rights of any third party.
D. Third Party Sites
This site may produce automated search results or otherwise link you to other sites
on the Internet. These sites may contain Content that some people may find inappropriate
or offensive. These other sites are not under the control of BELD, and you acknowledge
that BELD is not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites. The inclusion of such a link does not imply
endorsement of the site by BELD.
E. Content on BELD.net Servers
BELD generally does not pre-screen Content posted, distributed or uploaded by you or any other
BELD Broadband subscriber or any other Content that may be available on or through use of this
site. However, BELD may, in its sole discretion, remove any Content from its servers that does
or inaccurate. You agree that BELD is not responsible for any failure or delay in removing such Content.
F. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THIS SITE (THE "ONLINE MATERIALS") 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, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. BELD DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
G. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BELD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, BELD's LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
Upon a request by BELD, you agree to defend, release, indemnify, and hold harmless BELD,
and its commissioners, employees, and contractors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of this site. BELD reserves the
right, at it own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. In such an event, you will cooperate with BELD in asserting
any available defenses.
I. Choice of Law and Forum
of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or relating to
located in the Commonwealth of Massachusetts, 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.
J. Entire Agreement
agreement between you and BELD with respect to use of this site and supersedes all prior or
contemporaneous communications and proposals (whether oral, written, or electronic) between you and
Online Conduct is held invalid or unenforceable, that portion will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the parties, and the
remaining portions will remain in full force and effect.
A. Prohibited Activities
By using this site, you agree that you will not post, distribute or upload any Content, as defined above, that:
- is abusive, deceptive, defamatory, fraudulent, harassing, invasive of another
person's privacy, libelous, threatening, tortious, unlawful, contains sexually explicit
images, sounds or text and/or other obscene images, sounds or text, or otherwise violates
- infringes on any copyright, patent, trademark, trade dress, trade secret, or other
proprietary right of any party;
- abuses, degrades, harasses, intimidates, threatens or victimizes an individual, group of
individuals or entity;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
(also known as "Spamming"), chain letters, any other form of unauthorized solicitation;
- contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized access to any data or
other information of any third party;
- or impersonates any person or entity, including but not limited to any employee or
official of BELD, or any information provider, guide, or Internet host.
B. Solicitation of Minors
You agree that you will not solicit or collect personal or identifying information
from or about any minor (anyone under the age of 18 years old) for any purpose.