South Dakota Internet knows Customers care about how their personally identifiable information (“Personal Information”) is used and shared, and South Dakota Internet takes Customers’ privacy seriously. Please read the following to learn more about South Dakota Internet’s Privacy Policy.
By using the Service (as defined in the Terms and Conditions of Service) or accessing South Dakota Internet’s website in any manner, Customer acknowledges that Customer accepts the practices and policies outlined in this Privacy Policy, and Customer hereby consents that South Dakota Internet will collect, use, store and share Customer’s Personal Information in the following ways.
Remember that Customer’s use of the Service is at all times subject to Terms and Conditions of Service, which incorporates this Privacy Policy by reference. Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in Terms and Conditions of Service and Acceptable Use Policy.
South Dakota Internet’s Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.
When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a wireless, and/or wired network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is South Dakota Internet’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, South Dakota Internet cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
South Dakota Internet recommends that you use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.
South Dakota Internet does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to South Dakota Internet. If South Dakota Internet learns that South Dakota Internet has collected Personal Information from a child under age 13, South Dakota Internet will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided South Dakota Internet Personal Information, please contact South Dakota Internet at info@sdakotainternet.com
What types of information does this Privacy Policy cover?
South Dakota Internet collects and stores various types of information about Customers and Customers’ use of the Service via the South Dakota Internet website, Help Desk and call centers, postal mail, remote kiosks, any South Dakota Internet social network platforms or by other means, generally classified as Personal Information and Non-Personal Information. Generally, South Dakota Internet gathers and uses Personal Information internally in connection with providing the Service to Customer, including to personalize, evaluate and improve the Service and South Dakota Internet’s ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, and to analyze how Customer uses the Service. South Dakota Internet may share Your Personal Information with its Affiliates and with other third parties as described below:
What Information does South Dakota Internet collect and how does South Dakota Internet use this Information?
Personal Information
Personal Information is the information Customer provides to South Dakota Internet voluntarily or passively through Customer use of the Service and/or website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts South Dakota Internet regarding the Service, and through Customer account settings, South Dakota Internet collects and stores Personal Information such as Customer name, email address, phone number, billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Customer may be required to provide certain Personal Information to South Dakota Internet in order to register with South Dakota Internet, to assist South Dakota Internet in improving Customer’s Service or troubleshooting problems Customer is experiencing with the Service, Customer computer or device, or otherwise to improve the quality of the Service. South Dakota Internet will communicate with Customer if Customer has provided South Dakota Internet the means to do so. For example, if Customer has given South Dakota Internet Customer’s email address or phone number, South Dakota Internet will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service. South Dakota Internet may also combine Customer Personal Information with additional Personal Information obtained from South Dakota Internet social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on South Dakota Internet’s behalf, to help serve Customer better and to perform functions in order to support South Dakota Internet businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies. Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.
Non-Personal Information
Website Information, Use of Cookies and other Similar Tracking Technology
When you visit South Dakota Internet’s website, South Dakota Internet will collect various types of Non- Personal Information, such as information on South Dakota Internet’s server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. (IP Address and device identifiers are traditionally classified as Non-Personal Information, unless South Dakota Internet is required to do so otherwise under applicable law.) Cookies” and “web beacons” are text file identifiers South Dakota Internet transfers to Customer’s browser or device that allow South Dakota Internet to recognize Customer’s browser or device and tell South Dakota Internet how and when pages and features on the South Dakota Internet website are visited, by how many people, and other activity on the website. Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the South Dakota Internet website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and South Dakota Internet is not responsible for their privacy policies and practices. South Dakota Internet also uses Personal Information and Non-Personal Information to enhance the South Dakota Internet website and South Dakota Internet Service offerings. For example, such information can tell South Dakota Internet how often visitors use a particular feature of the South Dakota Internet website and which products and services are most interesting to current and potential customers, and South Dakota Internet can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine South Dakota Internet’s Service offerings. South Dakota Internet will continue to conduct analytics on South Dakota Internets website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information. Technology is improving every day and to improve South Dakota Internet’s Services’ operation and function South Dakota Internet may introduce new technologies and monitoring techniques without advance notice
Network Information
We use Network Information to monitor and enhance the performance of the South Dakota Internet network. South Dakota Internet will not monitor the content of the websites viewed or email communications as part of South Dakota Internet’s standard network management. Generally, South Dakota Internet will only monitor and preserve the following Network Information:
● When Customer is using the Service;
● How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
● The amount of data Customer is transmitting and receiving through the Service; and
● General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of South Dakota Internet’s network.
How is Personal Information used for marketing and advertising purposes?
South Dakota Internet will use Personal Information to send Customer marketing and advertising messages related to South Dakota Internet’s Service and website using Customer’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). South Dakota Internet may deliver a marketing or advertising message based on Customer visits to South Dakota Internet website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter.
South Dakota Internet does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers
Because South Dakota Internet does not provide network ads, South Dakota Internet does not recognize the “Do Not Track” settings on various Internet browsers. South Dakota Internet does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
Links to other websites and online services
The South Dakota Internet website and/or other social networking platforms may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to South Dakota Internet and our Affiliates. The presence of a link does not constitute or imply South Dakota Internet’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. South Dakota Internet encourages Customers to be aware and informed when Customers leave South Dakota Internet’s website and South Dakota Internet’s Facebook Pages, or any other social networking platforms.
Will South Dakota Internet share Customer Personal Information?
Customer’s Personal Information will only be disclosed to third parties (including South Dakota Internet’s Affiliates) as listed in this Privacy Policy, if South Dakota Internet has received your prior consent. South Dakota Internet reserves the right to fully use, disclose and process any Non-Personal Information collected from Customer in any manner as well as any information Customer makes public via South Dakota Internet Services or website. South Dakota Internet will not rent, sell or disclose Personal Information to anyone not related to South Dakota Internet for marketing or promotional purposes, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of South Dakota Internet. (See “For Business Transfers” below for more information.) South Dakota Internet will share Customer Personal Information with its Affiliates and with other third parties as described in this section for the following reasons: To Our Affiliates. South Dakota Internet relies on various Affiliates in order to provide the Service to Customers. These are companies that are related to South Dakota Internet by common ownership or control. South Dakota Internet may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purpose.
To Operational Service Providers: South Dakota Internet and its Affiliates contract with other companies and people to perform tasks or services on South Dakota Internet’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, South Dakota Internet may use a payment processing company to receive and process Customer’s ACH or credit card transactions for South Dakota Internet, or South Dakota Internet may contract with third parties to assist South Dakota Internet in optimizing South Dakota Internet’s network. Unless South Dakota Internet tells Customer differently, South Dakota Internet does not grant its Operational Service Providers any right to use the Personal Information South Dakota Internet shares with them beyond what is necessary to assist South Dakota Internet.
● For Business Transfers/Restructuring: South Dakota Internet may choose to buy or sell assets, or South Dakota Internet may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if South Dakota Internet (or South Dakota Internet’s assets) are acquired, or South Dakota Internet goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
● For Protection of South Dakota Internet, and Our Affiliates, Employees, Operational Service Providers, Users and Subscribers and Public Safety: South Dakota Internet reserves the right to access, read, preserve, and disclose any Personal Information South Dakota Internet has access to if South Dakota Internet believes doing so will implement and/or enforce the Terms and Conditions of Service, Acceptable Use Policy, Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of South Dakota Internet or Our Affiliates, employees and officers/directors, Operational Service Providers, Users and Subscribers, agents, third party licensors or suppliers, or the general public.
● When Required by Law or in Response to Legal Process: South Dakota Internet reserves the right to access, read, preserve, and disclose any Personal Information to which South Dakota Internet has access if South Dakota Internet is required by law or legal process to do so, or if South Dakota Internet has a good faith belief that South Dakota Internet is required by law or legal process to do so.
Is Customer Personal Information secure?
South Dakota Internet endeavors to protect the privacy of Customer’s account and other Personal Information South Dakota Internet holds in its records using reasonable administrative, technical and physical security measures. However, South Dakota Internet cannot and does not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.
Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of South Dakota Internet Services via Customer’s username and password.
Additionally, if Customer contacts South Dakota Internet, South Dakota Internet will ask Customer for verification of Customer’s identification and account. South Dakota Internet will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from South Dakota Internet or someone that nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from South Dakota Internet or someone that claims they are with South Dakota Internet or Our Affiliates please contact our Privacy Administrator immediately: yanktoninternet@gmail.com
For South Dakota Internet’s IT Support Services as detailed in our Terms and Conditions of Service, the code that allows South Dakota Internet to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. South Dakota Internet is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.
What Personal Information can Customers access, modify and/or delete?
Generally, Customer may access the following Personal Information in Customer’s account:
● Full Name
● Username
● Email address
● Telephone number
● Billing and Service address
● Account and billing information
By contacting South Dakota Internet at yanktoninternet@gmail.com, or through any online access portal South Dakota Internet may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, Wilson Creek Communications may retain historic email, billing and/or Service addresses for security and verification purposes.
Customer may not delete such information. When Customer updates Personal Information, however, South Dakota Internet may maintain a copy of the unrevised information in South Dakota Internet’s records for internal security reasons and recordkeeping. Some information may remain in South Dakota Internet’s records after it is modified, amended or deleted by Customer or South Dakota Internet. South Dakota Internet may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. South Dakota Internet may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a South Dakota Internet customer as required by South Dakota Internet’s business practices, by law, and/or tax reporting purposes.
The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information South Dakota Internet has on file about Customer, please contact South Dakota Internet at yanktoninternet@gmail.com.
What third party disclosure choices do Customers have?
Customer can always choose not to disclose Personal Information to South Dakota Internet; however, certain Personal Information is necessary for South Dakota Internet to provide the Service to Customer.
Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.
Customer may opt out of email marketing and advertising from South Dakota Internet or its Affiliates using the “Unsubscribe” mechanism in each email. Before South Dakota Internet sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, South Dakota Internet will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an auto-dialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message.
Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service.
Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.
Customer may not opt out of South Dakota Internet’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for South Dakota Internet’s internal analytics used to monitor activity on South Dakota Internet’s website, measure South Dakota Internet Service performance, or to operate and protect the South Dakota Internet network.
Will this Privacy Policy ever change?
Yes, South Dakota Internet is constantly working to improve the Service, so South Dakota Internet will need to update this Privacy Policy from time to time as South Dakota Internet’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, South Dakota Internet will also make stylistic, organizational and/or grammatical changes to present South Dakota Internet privacy practices in a user-friendly easy-to-read manner. South Dakota Internet will alert Customers to any such changes by placing a notice on http://www.sdakotainternet.com with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided South Dakota Internet with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on South Dakota Internet’s website. Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.
Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the South Dakota Internet website. If South Dakota Internet elects to use or to disclose Personal Information that identifies South Dakota Internet as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the South Dakota Internet website, South Dakota Internet will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.
What if you have questions or comments about this Privacy Policy?
If you have any questions or concerns regarding South Dakota Internet’s privacy practices and policies, please contact South Dakota Internet at yanktoninternet@gmail.com
Thank you for choosing South Dakota Internet for your Internet needs. This document is important–please read it carefully. THIS SOUTH DAKOTA INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“User”) AND B-Y INTERNET, LLC D/B/A SOUTH DAKOTA INTERNET AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH SOUTH DAKOTA INTERNET WILL MAKE AVAILABLE THE SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”).
SOUTH DAKOTA INTERNET RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON SOUTH DAKOTA INTERNET’S WEBSITE. SOUTH DAKOTA INTERNET MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON SOUTH DAKOTA INTERNET’S WEBSITE; NOTIFYING USER BY EMAIL OR US MAIL; AND/OR NOTIFYING USER ON USERS MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ON SOUTH DAKOTA INTERNET’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect once User’s order for Services has been accepted by South Dakota Internet and User accepts Services from South Dakota Internet. This Agreement shall continue until User’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by South Dakota Internet and used in conjunction with the Service, such as Consumer Premises Equipment; an IP phone; Multimedia Terminal Adapter; Analog Telephone Adapter; or any other IP connection device (collectively, a “Device” or the “Equipment”).
Services
Internet Access – Subject to the Service characteristics contained herein, South Dakota Internet shall provide Internet connections between the South Dakota Internet provided wireless or wired Equipment and South Dakota Internet’s Internet backbone. Internet connections are provided as the speeds advertised within the Service plan purchased by User reflecting performance under ideal conditions. South Dakota Internet reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform User of any such interruptions ahead of time. South Dakota Internet shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.
ACCEPTABLE USE
As a condition of use of the Service, User warrants to South Dakota Internet that User will use the Service in accordance with the Broadband Internet Acceptable Use Policy of South Dakota Internet as it may be updated from time to time.
The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. User agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through South Dakota Internet Services without first obtaining any required export license or governmental approval. User agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time.
South Dakota Internet will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. User agrees to indemnify and hold harmless South Dakota Internet, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by South Dakota Internet, or any other party, arising out of User’s breach of either this lawful use provision or South Dakota Internet’s Broadband Internet Acceptable Use Policy.
COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE
The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the User in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on South Dakota Internet Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of South Dakota Internet’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of South Dakota Internet. Nothing in this Agreement grants User the right or license to use any South Dakota Internet marks.
User has not been granted any license to use the firmware or software used to provide the Service or provided to the User in conjunction with providing the Service, or embedded in any Devices or Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. User expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that South Dakota Interet will not provide any passwords, codes or other information or assistance that would enable User to use such Device or Equipment for any other purpose. South Dakota Internet reserves the right to prohibit the use of any interface equipment that South Dakota Internet has not provided to the User. User hereby represents and warrants that User possess all required rights, including software and/or firmware licenses, to use any interface equipment that South Dakota Internet has not provided to User. In addition, User shall indemnify and hold South Dakota Internet harmless against any and all liability arising out of User’s use of such interface equipment with the Service. User shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
User shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from South Dakota Internet. South Dakota Internet reserves the right to terminate User’s Service if South Dakota Internet believes, in South Dakota Internet’s sole and absolute discretion, that User has tampered with any Device. In the event of such termination, User will remain responsible for any termination fees as provided for in this Agreement. User shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
SECURITY
User can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of their Service. South Dakota Internet will not be responsible for any disruption of Service, corrupted files or viruses which affect the User of the Service. It is User’s responsibility to safeguard User’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of User’s failure to properly secure User’s network and devices may result in the immediate termination of User’s Service. User is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.
SERVICE CHARACTERISTICS
Service Availability – The Service is subject to availability as it is contingent on available South Dakota Internet facilities and unique signal path conditions between such facilities and the User premises. Due to the nature of the Service technology, South Dakota Internet reserves the right to deem the Service unavailable to the User up to, including, and after the installation. South Dakota Internet assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in User’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.
Service Plans – South Dakota Internet offers a range of Service plans with different speeds and data usage. Service plans are subject to availability and may include other promotional terms and conditions. If User changes or upgrades their Service plan, any special or other promotions may be subject to discontinuance or removal.
Refund Policy – South Dakota Internet has a 100% Satisfaction Guarantee. If not completely satisfied with the internet service provided by South Dakota Internet, 100% of Customer’s monthly service charges will be refunded within 30 days of installation or discounted accordingly if service continues. If Customer is not satisfied with wireless router performance sold by South Dakota Internet a refund may be issued if equipment is in original condition.
Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. South Dakota Internet Services are provided as “up-to” speeds and South Dakota Internet does not guarantee the maximum Service performance (throughput speeds) levels. South Dakota Internet will make every reasonable effort to ensure that Users receive the speeds under the Service plan they signed up for throughout most of a User’s daily use and reflecting performance under ideal conditions. South Dakota Internet is not responsible for speeds from points anywhere else on the internet and User understands that content that User may access through the Service may be subject to “caching” or several other factors that are beyond South Dakota Internet’s control.
Throughput Volume – Depending on the Service plan signed up for, an account will have a standard quota for disk space and data usage. At South Dakota Internet’s discretion, additional quota may be added to such an account for a recurring fee, based on South Dakota Internet’s then-current rates. Data usage on an account above User’s limit will result in additional fees as set forth in the Additional Fee Statement (as defined herein).
Network Management – User understands, acknowledges and agrees that South Dakota Internet may use various tools and techniques in order to efficiently and reasonably manage its networks. South Dakota Internet may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on South Dakota Internet’s servers.
IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by South Dakota Internet and/or the American Registry for Internet Numbers (ARIN).
EQUIPMENT
South Dakota Internet Equipment – South Dakota Internet will provide User the authorized wireless or wired Equipment for use with the South Dakota Internet Service. Only South Dakota Internet Consumer Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service.
User Equipment – It is User’s responsibility to ensure that User’s computer system meets the current minimum system requirements stated by South Dakota Internet as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, User’s computer equipment may cease to be adequate to access the Service. In such event, User’s sole remedy will be to upgrade computer equipment or terminate this Agreement. It is possible for hardware and software below South Dakota Internet’s stated minimum requirements to work on South Dakota Internet’s network. However, South Dakota Internet does not guarantee service with hardware lower than the following requirements and the use of older software can expose User and User’s data to viruses and other security risks.
● Windows System Desktop or Laptop Microsoft Windows 7 or newer; Pentium Processor 1 GHz, or equivalent, 1 GB of memory (RAM), 16 GB of free hard drive space, 16bit colors at 1024×768 resolution, and Ethernet card (NIC) or WAN Card (WiFi).
● Macintosh System MAC OS 10.6 or newer; Intel Core 2 Duo processor or newer, 2 GB of memory (RAM), 8 GB of free hard drive space, Ethernet or WiFi Card (NIC).
CANCELLATION / TERMINATION / CHANGE IN SERVICE
If User chooses to cancel the Service at any point after the order is placed, but before the Service has been activated, User will not be invoiced and will not be charged a processing fee. If User wishes to cancel the Service before Service has been activated, the User is required to notify South Dakota Internet of User’s intent to cancel prior to activation by calling South Dakota Internet customer service at 605-689-2525.
User may terminate the Service at any time upon notice to South Dakota Internet. Termination is effective on the date you contact South Dakota Internet to cancel the Service or as of a future date designated by User or South Dakota Internet, provided South Dakota Internet can support such future date.
Upon a change or upgrade to a Service plan, any special or other promotions applied to User’s account may be subject to discontinuance or removal if such promotion is no longer available.
Termination of the Service does not affect User’s obligations under this Agreement, including User’s obligation to pay all fees for Services rendered prior to termination. South Dakota Internet accounts must be paid in full before a cancellation will be considered complete.
If all Equipment provided by South Dakota Internet is not returned within 30 days of cancellation or termination of Service, User agrees to pay South Dakota Internet the fees as set forth in the Additional Fee Statement (as defined herein). User authorizes South Dakota Internet and its agents to charge the Equipment replacement charge to any credit/debit card or electronic check on file with South Dakota Internet. If South Dakota Internet is unable to obtain a charge authorization for the full amount due, User agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due. User bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is shipped to the User until the time (if any) when it is returned to South Dakota Internet in accordance with this agreement.
Upon the termination of User’s Service, South Dakota Internet may, in its sole and absolute discretion, release to the User’s new service provider the telephone number that User ported (transferred or moved over) to South Dakota Internet from User’s previous service provider and used in connection with User’s service if: such new service provider is able to accept such number; User’s account has been properly terminated; User’s account is completely current, including payment for all charges and applicable termination fees; and User requests the transfer upon termination of the account.
TERMINATION AND SUSPENSION BY SOUTH DAKOTA INTERNET
Inappropriate use or abuse of the Services by User, as determined in the sole discretion of South Dakota Internet, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of South Dakota Internet by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.
South Dakota Internet may terminate your account immediately if it determines, in its sole discretion, that User has violated any of the provisions of this Agreement, including but not limited to South Dakota Internet’s Broadband Internet Acceptable Use Policy. South Dakota Internet reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.
Further, South Dakota Internet may terminate User’s Service for any reason by providing written notice to User at least fifteen (15) days prior to the termination date.
If User’s Service is terminated by South Dakota Internet for any reason, User will remain fully liable and responsible to pay any fees that are still owed to South Dakota Internet pursuant to this Agreement and for all costs South Dakota Internet incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.
FEES, PAYMENT AND BILLING
Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. South Dakota Internet will invoice fees for Services and any Equipment in advance. User agrees to pay all federal, state or local taxes and fees arising under this Agreement. If, during the first thirty (30) days of service, the User is having service or quality issues with the Telephony Service and/or Internet Service which South Dakota Internet is not able to fix, the User may cancel the Service and South Dakota Internet, in its sole and absolute discretion, will refund all monies paid (including installation cost).
Additional Fees – All South Dakota Internet Services are subject to additional fees, including, but not limited to overage charges, unreturned Equipment fees, early termination fees, upgrade fees, Directory Assistance (411) calls, insufficient funds fees, late fees, and reconnect fees as set forth in the Additional Fees and Payment Terms Disclosure Statement as it may be updated from time to time (the “Additional Fee Statement”).
Payment Method and Timing – Accounts may be paid by electronic bank draft, money order, check or credit/debit card. User’s South Dakota Internet account will be considered delinquent if payment is rejected for any reason or if any unpaid balance remains on the account. Payment terms including due date and late payment policy is as set forth in the Additional Fee Statement. Payment is in advance of Service delivery for that month.
Late Fees and Service Interruption/Disconnect – South Dakota Internet shall charge User Late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, South Dakota Internet may interrupt or disconnect User’s Services for non-payment and User shall be subject to a Disconnect Fee. The late terms and associated charges are determined by the date payment is received by South Dakota Internet. Late terms and associated fees for each stage of the delinquency process are as set forth in the Additional Fee Statement. The Additional Fee Statement also sets forth the appropriate intervals when User’s account will be interrupted or disconnected and when any outstanding balance will be sent to collections. At such time that South Dakota Internet determines that Equipment is to be retrieved from User, South Dakota Internet will call or email User to inform them that Equipment will be removed and retrieved. In all cases, if User wants to resume or reconnect Services, User’s account must be brought current.
Billing Disputes and Errors – Subject to applicable law, User may dispute any invoiced charge by contacting South Dakota Internet within thirty (30) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable thirty (30) days after the date of the invoice on which they appear and User shall waive the right to dispute any charge after such period. South Dakota Internet’s obligation with respect to any billing errors resulting in User’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.
Fee Changes – User acknowledges and agrees that South Dakota Internet has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the User.
User Charges – User acknowledges that User may incur User-initiated charges while using the Services. For example, charges may be incurred as a result of User accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. User agrees that all such charges, including all applicable fees and taxes, shall be paid by User and are not the responsibility of South Dakota Internet.
INSTALLATION AND ACCESS TO USER’S PREMISES
South Dakota Internet will provide installation Services at the User premises at an agreed-upon price. As part of the installation process, modifications to the inside wiring in User’s house may be required, and User hereby consents to and authorizes any such modifications. User authorizes South Dakota Internet, and its employees, agents, contractors, and authorized representatives to enter User’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If User is not the owner of the premises, upon request, User will supply South Dakota Internet with the owner’s name and address and written consent or other evidence that User is authorized to grant access to the premises on the owner’s behalf or South Dakota Internet may request permission from the owner to install the Services on the premises. This Agreement is contingent upon South Dakota Internet’s obtaining a right of entry onto the premises and South Dakota Internet shall not have any liability if access or right of entry to the premises is denied or limited for any reason. User will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the South Dakota Internet installer. For such charges as South Dakota Internet may determine, South Dakota Internet may relocate the Equipment for User within the premises at User’s request.
MOVING AND RECONNECTION
If User moves during the term of this agreement and would like to relocate the Service, User must place a relocation request with South Dakota Internet. This request must contain the requested date of Service termination, plus the address and phone number of the new location, and, the prospective move-in date, and the requested transfer of Service date. Upon receipt of a request from User, South Dakota Internet will suspend all monthly fees from the requested termination date until Service relocation is completed. The maximum suspension is set forth in the Additional Fee Statement. Upon transfer of User’s account, User agrees to continue to comply with all terms and conditions of this Agreement and the Service plan originally agreed to. Billing cycle and Service Term will recommence upon activation of South Dakota Internet Service at the new location.
PRIVACY
South Dakota Internet takes User’s personally identifiable information and privacy seriously and has established a Privacy Policy which governs its collection, use, disclosure, management and security related to User’s personal information. The South Dakota Internet Privacy Policy may be updated from time to time. By using the Service User acknowledges that User accepts the practices and policies outlined in South Dakota Internet’s Privacy Policy. User’s continued use of the Service after notice of any changes to the Privacy Policy have been provided will indicate User’s acceptance of such changes.
USER OBLIGATIONS
User shall be solely responsible for independent backup of any data files residing on South Dakota Internet computers or networks. South Dakota Internet reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.
User shall notify South Dakota Internet immediately, in writing or by calling South Dakota Internet customer support line, if any Device is stolen or if User becomes aware at any time that User’s Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When User calls or writes, User must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of User’s Service and additional charges. Until such time as South Dakota Internet receives notice of the theft, fraudulent use or unauthorized use, User will be liable for all use of the Service using a Device stolen from User and any and all stolen, fraudulent or unauthorized use of the Service.
User will be liable for any and all liability that may arise out of the content transmitted by User or to any person, whether authorized or unauthorized, using User’s Service or Device. User shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. South Dakota Internet reserves the right to terminate or suspend User’s Services and remove any content from the Service, if South Dakota Internet determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with South Dakota Internet’s ability to provide Services to User or others. South Dakota Internet action or inaction under this Section will not constitute any review or approval of User’s use or content.
User has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The User is responsible for all information received, transmitted, and/or stored by the User and the User releases South Dakota Internet from and agrees to indemnify South Dakota Internet its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.
USER COMPLAINT RESOLUTION
South Dakota Internet is working to provide the best service possible and welcomes User’s ideas on how South Dakota Internet can improve the quality of our service. User can communicate User’s views to South Dakota Internet by calling 805-365-4522.
WARRANTY
USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY SOUTH DAKOTA INTERNET ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. SOUTH DAKOTA INTERNET DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’S REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY SOUTH DAKOTA INTERNET OR SOUTH DAKOTA INTERNET AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
LIMITED WARRANTY – SOUTH DAKOTA INTERNET WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’S ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. SOUTH DAKOTA INTERNET WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. SOUTH DAKOTA INTERNET DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. SOUTH DAKOTA INTERNET’S ENTIRE LIABILITY AND USER’S EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS
WARRANTY SHALL BE, AT SOUTH DAKOTA INTERNET’S SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY SOUTH DAKOTA INTERNET. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO THE USER. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED.
OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, SOUTH DAKOTA INTERNET MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUTH DAKOTA INTERNET OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SOUTH DAKOTA INTERNET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
ADDITIONALLY, SOUTH DAKOTA INTERNET WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA
LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND SOUTH DAKOTA INTERNET’S REASONABLE CONTROL.
SOUTH DAKOTA INTERNET WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE; EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION; SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, USER’S ISP OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND SOUTH DAKOTA INTERNET’ CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. SOUTH DAKOTA INTERNET’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
IN NO EVENT SHALL SOUTH DAKOTA INTERNET’S AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING SOUTH DAKOTA INTERNET TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND SOUTH DAKOTA INTERNET LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.
INDEMNIFICATION
User agrees to defend, indemnify and hold South Dakota Internet and its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from User’s violation of any of the provisions of this Agreement or User’s placement or transmission of any materials or content onto South Dakota Internet servers or through its network, or from any and all use of User’s account, with or without User’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by South Dakota Internet as part of South Dakota Internet’s investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to User’s use of or inability to use South Dakota Internet Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.
MISCELLANEOUS
Relationship – User’s relationship with South Dakota Internet is that of an independent contractor. User is not an agent of South Dakota Internet, and User has no authority to obligate South Dakota Internet by contract or otherwise.
Third Party Beneficiaries – No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive
Transferability and Assignment – User shall not sell, transfer or assign this Agreement. User’s account and right to use South Dakota Internet Services and system are not transferable without South Dakota Internet’s prior written consent. User agrees to protect its password and account and to keep them secure from unauthorized Users and use, and to be solely responsible for the protection and security of User’s password and account information.
Notices – Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to South Dakota Internet’s address of Customer set forth on South Dakota Internet’s records or such other address provided for such purposes.
Proprietary Rights – South Dakota Internet grants User a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with South Dakota Internet, whether or not they are embedded in any product. User recognizes that the products and Services used hereunder constitute valuable trade secrets of South Dakota Internet and User shall use their best efforts to protect and keep confidential any and all products and Services used by User and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.
Jurisdiction/Venue/Choice of Law – User agrees that exclusive jurisdiction for any claim or dispute with South Dakota Internet or relating in any way to User’s account or User’s use of the Services resides in the courts of California and that this Agreement shall be governed by California law. User expressly consents to the exercise of personal jurisdiction in the courts of California in connection with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Amendments – South Dakota Internet may modify this Agreement from time to time, and User’s continued use of the Service following notice of such modification shall be deemed to be User’s acceptance of such modification. If User does not agree to any modification of this Agreement, User must immediately stop using the Service and notify South Dakota Internet of User’s desire to cancel the Service.
Information – User hereby acknowledges that South Dakota Internet and its affiliates may retain and use any information, comments or ideas conveyed by User relating to the Service (including any products and services made available on the Service). This information may be used to provide User with better service. South Dakota Internet may open and maintain a Customer file.
Entire Agreement – This Agreement, and any and all other documents and South Dakota policies referenced herein, constitutes the entire agreement between South Dakota Internet and User pertaining to the subject matter hereof. South Dakota Internet’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
ACCEPTANCE
User represents and warrants to South Dakota Internet that User is of lawful age to enter into this Agreement and that (i) User has the full right, power and authority to enter into this Agreement and to perform the acts required of User hereunder; and (ii) the acceptance of this Agreement by User, and the performance by User of its obligations and duties hereunder, do not and will not violate any agreement to which User is a party or by which it is otherwise bound.
By using and accepting Service from South Dakota Internet, User acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if User had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of South Dakota Internet.
By providing South Dakota Internet with User’s telephone number, cell phone number(s), or email address, User gives consent for South Dakota Internet, or any of South Dakota Internet’s agents (including collection agents), to contact User at these numbers or email address, or any other phone number or email address that is later acquired for User, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto-dialer.
BY USER’S USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.