By Signing up for Powerband Internet service you agree to the terms within this contract.
1. SERVICE. Powerband Internet will provide you access to the Internet by piggy-backing off your existing internet connection, subject to the terms and conditions set forth herein (the "Service"). Speeds on the various plans will vary depending on many factors. We do not guarantee any speeds and speeds may fluctuate frequently depending upon many factors. We hold the right to discontinue your service or throttle your bandwidth if we find that you are using your service to break law or go against any guidelines that we have setup within this agreement. Powerband does NOT provide dedicated internet access with no existing internet connection.
2. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that Powerband Internet relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify Powerband Internet whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.
3. GENERAL PRICING AND FEES. Powerband Internet's prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. A Subscriber who selects a "Month to Month" Plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to Powerband Internet's then current prices. A Subscriber who selects a "1 Year Contract" Plan (an "Annual Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the Plan and Options chosen by such Annual Subscriber at the time of order. Such monthly prices for Annual Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber and will pay Powerband Internet's then current prices, subject to increase as described above, unless such Subscriber registers for a new "1 Year Contract" Plan at such time, to the extent available. An Annual Subscriber may upgrade or downgrade their Service to a different speed plan during their initial (12) month Term. Any such Annual Subscriber so upgrading or downgrading may, at the time of upgrade or downgrade, select either (a) a "Month to Month" rate, in which case such Subscriber shall continue to be subject to all of the terms and conditions of this Agreement for the remainder of such Subscriber's initial twelve (12) month Term and following such initial Term, such Subscriber will automatically become a Monthly Subscriber and will pay Powerband Internet's then current prices, subject to increase as described above, unless such Subscriber registers for a new "1 Year Contract" Plan at such time, to the extent available or (b) a "1 Year Contract" Plan, in which case such Subscriber's initial twelve (12) month Term shall restart on the date of such upgrade, provided that such Subscriber shall continue to be subject to all of the terms and conditions of this Agreement for the period prior to such upgrade or downgrade. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against Powerband Internet by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. The current Supplier Surcharge Recovery is two dollars and eighty-eight cents ($2.88) for all clients. Texas Residents are also subject to an Internet Tax on all monthly services of eight and three-tenths percent (8.3%) after the first twenty-five dollars ($25.00). When possible, Powerband Internet will break out such charges on the monthly invoice. You may change your plan speed at any time. Promotional packages are only available to first time Powerband Internet Subscribers.
4. SETUP AND ACTIVATION FEES. Upon entering into this Agreement, Powerband Internet customers are subject to any setup or activation fees. When entering into a 12 month (1 year) contract, the setup and activation fees are waived. The only resulting charge to customers entering a contract is the current pricing plan for their service. Powerband Internet has the right to charge any setup and/or activation fees for any reason to the customer.
5. PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time, including for pre-paid plans, such as annual plans. Unless otherwise stated in the Pricing Schedule, Powerband Internet will invoice Subscribers monthly. Invoices will be on a full calendar month basis. New Subscribers who enter into this Agreement after the first day of any month will be billed on a pro-rated basis for their first month of Service and thereafter on a full calendar month basis. Subscribers agree to pay within twenty (20) days from receipt of an invoice. If a Subscriber does not pay an invoice within such twenty (20) day period, Powerband Internet may deny, discontinue or otherwise suspend such Subscriber's Service until full payment is received. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. All accounts suspended for non-payment are subject to a ten dollar ($10.00) re-activation fee. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks, disputed credit cards, and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.
6. SOFTWARE. In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by Powerband Internet or its third party licensors, providers and suppliers, partners and which may be provided free or for a fee, including client and/or network security software (the "Software"). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from Powerband Internet or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement
7. TERM. This Agreement is effective upon Subscriber's acceptance as provided above and shall continue until terminated by Subscriber or Powerband Internet pursuant to this Agreement. Each Monthly Subscriber is on automatically renewing monthly terms beginning on the first day of each calendar month (or, for the first monthly term, the full or partial month beginning with Subscriber's acceptance as provided above). An Annual Subscriber is on a twelve (12) month term beginning on the day such Subscriber accepts the terms of this Agreement as provided above. An Annual Subscriber who upgrades or downgrades to a "Month to Month" rate during their initial twelve (12) month Term pursuant to section 4, shall continue to be on the same twelve (12) month Term. An Annual Subscriber who upgrades or downgrades to a "1 Year Contract" Plan during their initial twelve (12) month Term pursuant to section 4, shall begin a new initial twelve (12) month Term on the date of such upgrade. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber.
8. TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing Powerband Internet with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such thirty (30) day period begins on the date on which Powerband Internet receives Subscriber's valid written termination request. A Monthly Subscriber's termination will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by Powerband Internet any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Monthly Subscriber. An Annual Subscriber's termination, if received by Powerband Internet at least thirty (30) days prior to the end of their twelve (12) month term, will be effective at the end of such twelve (12) month term, unless such Annual Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 11, if Powerband Internet receives a written termination request from a Subscriber, Powerband Internet may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 11. If this Agreement is terminated prior to the end of an Annual Subscriber's twelve (12) month term, such Annual Subscriber must pay, in addition to all fees and other charges accrued or otherwise payable under the terms of this Agreement, an early termination fee in the amount of two hundred and fifty dollars ($250.00) ("Early Termination Fee"). In the event an Annual Subscriber terminates this Agreement prior to the end of their twelve (12) month term because of a service-related problem not caused by the Subscriber that Powerband Internet has failed to cure after what Powerband Internet determines in its sole discretion to be a reasonable amount of time based on the circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee. For such waiver to apply, the reason for the waiver stated above must have occurred before termination and the Subscriber must report such reason for termination to Powerband Internet in its valid written termination request. Powerband Internet must in turn be given the opportunity to resolve the problem and the Subscriber must be willing to troubleshoot with Powerband Internet as well as be available for and authorize the dispatch of a network provider technician. Powerband Internet does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber's telephone number will never constitute a termination request. Regardless of service quality, the subscriber is still subject to the early termination fee if you cancel your service before the end of the 12month contract. A written termination request is valid only if it includes your phone number, main username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:
1. Email firstname.lastname@example.org
12. TERMINATION BY POWERBAND INTERNET. If, in Powerband Internet's sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Powerband Internet's servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with Powerband Internet's technical support staff, customer service staff or any other Powerband Internet employees or representatives; (d) Powerband Internet receives an order from a court to terminate a Subscriber's Service; or (e) Powerband Internet for any reason ceases to offer the Service, then Powerband Internet at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the Early Termination Fee and equipment charges set forth herein, if applicable.
13. TERMINATED SUBSCRIBER. Powerband Internet, in its sole discretion may refuse to accept a Subscriber's application for renewal or resubscription following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by Powerband Internet, may enter into a new Agreement and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber's use of the Service, Powerband Internet has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.
14. SPEED OF SERVICE. Speed rate depends upon the Subscriber's Plan and many other factors involved. Powerband does not guarantee any speeds as speeds fluctuate. Powerband holds the right to slow down speeds of users at any given time.
15. DIAL-UP SERVICE. Powerband Internet does not include dial-up access. A Subscriber can add dial-up service for unlimited access to the Internet at the rate of five dollars ($5.00) per month. Powerband Internet will not be responsible for any phone charges incurred while dialing our service. You should check with your local phone company to make sure the number you use is a local, toll-free call from your area. A Subscriber who adds dial-up service is licensed to a single account for one connection at any given time. Simultaneous logins are not allowed, and will result in suspension of your dial-up access. Dial-up service is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected via dial-up service on a continuous basis are not allowed and will result in the cancellation of your dial-up access. All dial-up connections are automatically terminated after twelve (12) hours of continuous use.
16. TECHNICAL SUPPORT. Powerband Internet assumes that the Subscriber has a basic understanding of their computer, virtual computer, and other general computer knowledge. Powerband Internet will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. Powerband Internet is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during Powerband Internet's hours of operation. If a Subscriber wishes to utilize Powerband Internet's technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. Powerband Internet does not provide on-site technical support.
17. COMPLIMENTARY SERVICES. Powerband Internet provides many complementary services such as backup, virus scans, etc. However, Powerband Internet is not responsible for any lack of service from these complementary services and is in no way liable for any damages or lack of complementary services.
18. EMAIL, ANTI-SPAM AND ANTI-VIRUS.Powerband does NOT include email services and it's the subscriber's responsibilty to find their own email service. Powerband Internet shall never be used for sending viruses, spyware, or SPAM. If the subscriber violates these terms they will be subject to potential damage fees caused to other subscribers, suspension or expulsion of account, and face potential U.S. laws for illegally distributing computer content. Powerband Internet is not responsible for the subscriber's actions taken while using our service. The subscriber that breaches this contract holds all responsibilities for their actions and will be held accountable for breaking the contract. In no way can Powerband Internet be held accountable for the actions of the subscribers.
19. IP ADDRESSES. Each Subscriber is given a local IP address. Upon the subscriber's request will Powerband allow the subscriber to have one free public IP Address. Any subscriber requesting more than one external IP address will be subject to a $5.00 a month fee for each additional IP Address.
20. ACCEPTABLE USE. Subscriber agrees to use the Powerband Internet in accordance with Powerband Internet's acceptable use policy ("Acceptable Use Policy") and assumes all responsiblities from the Terms of Service Agreement.. Powerband Internet reserves the right to make changes to the Acceptable Use Policy and Terms of Service Agreement without notice.
22. PORT FILTERING. Powerband Internet does not block any ports by default. Powerband Internet reserves the right to block any port without prior notice to protect the network and its Subscribers from potential virus attacks spreading over a certain port.
23. WARRANTIES AND LIMITATIONS OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY POWERBAND INTERNET (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). POWERBAND INTERNET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY POWERBAND INTERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF POWERBAND INTERNET TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
POWERBAND INTERNET DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF POWERBAND INTERNET HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR POWERBAND INTERNET SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY POWERBAND INTERNET -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
POWERBAND INTERNET DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY POWERBAND INTERNET WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. POWERBAND INTERNET SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. POWERBAND INTERNET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. POWERBAND INTERNET MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL POWERBAND INTERNET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF POWERBAND INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 30 ALSO APPLY TO POWERBAND INTERNET'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH POWERBAND INTERNET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), POWERBAND INTERNET'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
POWERBAND INTERNET RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS POWERBAND INTERNET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING POWERBAND INTERNET (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF POWERBAND INTERNET (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
24. LINKS. Powerband Internet or third parties may provide links to websites other than http://www.PowerbandInternet.com or other resources. Because Powerband Internet has no control over such websites and resources, you acknowledge and agree that Powerband Internet is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Powerband Internet will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
25. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Powerband Internet from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.
26. REVISIONS. Powerband Internet may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.PowerbandInternet.com/. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.
27. ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. Powerband Internet may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
28. CHOICE OF LAW. You and Powerband Internet agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND POWERBAND INTERNET CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN FRESNO COUNTY, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
29. COMPLIANCE. Powerband Internet's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
30. THINGS BEYOND POWERBAND INTERNET'S CONTROL. Powerband Internet will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
31. ENTIRE AGREEMENT. This Agreement, including all policies posted on Powerband Internet's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and Powerband Internet with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
32. NOTICE. Notices by Powerband Internet to you shall be deemed given: (a) when sent to your Powerband Internet email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
33. SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
34. FILE SHARING. Powerband Internet's file sharing technology and network are solely meant for the use of distributing copyright-free and open source content. Powerband Internet will suspend or expell a Subscriber's account that's not in compliance with these terms. Any use of Powerband Internet's Network to distribute, install, or stream illegal content and files will result in getting the Subscriber's account being banned. Any Subscriber found downloading, streaming, distributing, or installing illegal files and content will be held solely accountable for their illegal actions. Powerband Internet will not be held responsible for the illegal file sharing, distributing, downloading, or installing of illegal content and files. Powerband Internet reserves the right to give any Subscriber information or records to Law Enforcement, Government, or Courts that request it in using the Powerband Network for illegal trading files. Powerband Internet will not be held accountable for the behavior of Subscribers and the use of the service.
35. Groups and Add-On's. Powerband is not responsible for the add-on's, groups, or content created by the Subscribers. Subscribers uploading illegal content will be subject to suspension or termination of service. All Subscribers assume responsibility for all content they upload. Powerband will not be held accountable for the files, behaviors, or actions carried out by the Subscribers. The Subscriber that breaks this contract is subject to fees of damages to the Powerband Network and other Subscribers on the Network.