By the way, you can't review the terms of service until you have completed the information form (a questionable practice IMHO). So... it is included below in case you want to review it before joining. :)
Also, note that your are agreeing to "limited service" and that you can purchase "enhanced service". Unfortunately, they provide NO explanation of what "limited" or "enhanced" mean.
And no, I did not sign up for the service. Not because of the adverts (which should be expected for a free service) but rather because of the questionable TOS.
However, I have posted the link here so those interested could check it out. After all, it IS DSL. :)
Rich
[nbsp][nbsp][nbsp][nbsp][nbsp][nbsp][nbsp][nbsp]
TERMS OF SERVICE AGREEMENT
IMPORTANT - READ CAREFULLY:[nbsp][nbsp]YOU MUST READ THE TERMS AND CONDITIONS
BELOW ("AGREEMENT") BEFORE USING YOUR ACCOUNT WITH BROADBAND
DIGITAL GROUP, INC. A DELAWARE CORPORATION FOR FREE INTERNET ACCESS
SERVICES (THE "SERVICE") OR USING ANY SOFTWARE, DOCUMENTATION, OR ANY
ACCOMPANYING MATERIALS (THE "SOFTWARE") PROVIDED TO YOU BY
BROADBAND DIGITAL GROUP, INC., OR ANY OF ITS ASSOCIATES, AFFILIATES,
PARTNERS, LICENSORS, CLIENTS, OR SPONSORS (collectively referred to as
"BDG"), BY DOWNLOAD OR OTHERWISE, IN CONNECTION WITH THE
SERVICE. THIS IS A LEGAL[nbsp][nbsp]AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL
OR A SINGLE ENTITY) AND BDG.[nbsp][nbsp]THESE TERMS AND CONDITIONS GOVERN YOUR
USE OF THE SERVICE.[nbsp][nbsp]BY CLICKING ON THE "ACCEPT" BUTTON, YOU
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS SET FORTH HEREIN AND AS
MAY BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND
BY ALL THE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "I DO NOT
AGREE" BUTTON AND YOUR ACCOUNT WILL NOT BE ACTIVATED.
1.0 - SERVICE
BDG provides the Software and the Service to You - either an individual
or a single entity ("You") - by contracting with sponsors and
other parties including vendors ("Sponsors") who cover the cost
of providing the Service, in exchange for receiving certain information
about BDG subscribers including, but not limited to, your legal/user name,
full address, telephone numbers with the area code, email address and other
personal information pertaining to your individual preferences.[nbsp][nbsp]The
Software and the Service is licensed to You for use only (1) in conjunction
with the Services and (2) in accordance with all of the terms and conditions
of this Service Agreement.
2.0 - LICENSE TO SOFTWARE
The Software necessary to access the Service is owned by BDG or its
suppliers or licensors and is protected by United States international laws.
All rights in the content, information and materials accessed through the
Service or through the use of the Software are the property of the applicable
content owner and will be protected under applicable law.[nbsp][nbsp]The license
granted under this Service Agreement gives You no rights in such content,
information or materials.[nbsp][nbsp]Therefore, You may not use, copy, or distribute
the Software without authorization. In connection with your use of the
Service, You may
(a)[nbsp][nbsp]use the Software on any single computer or on a second computer so long
as only one (1) copy of the Software is used at a time,
(b) make one copy of the Software solely for backup or archival purposes, or
© transfer the Software to a single hard disk provided You keep the
original solely for backup or archival purposes. You may not copy the
printed materials accompanying the Software, nor print copies of any
user documentation provided in "online" or electronic form.
3.0 - LICENSE LIMITATIONS
The Software is licensed, not sold. Therefore, You may not copy, rent,
lease, loan, grant a security interest in, or otherwise transfer any rights
whatsoever in the Software. You may not reverse engineer, decompile, or
disassemble the Software, except where expressly permitted to do so by law.
You may not modify,[nbsp][nbsp]or create derivative works based upon, the Software.
You are prohibited from taking any action to bypass, defeat or disable any
functionality of the Service, including, without limitation, any action that
alters, blocks or disables any advertisement, banner, promotional material of
any proprietary notices or labels that is provided on the Software or through
the Service.
4.0 - SOFTWARE UPGRADES
BDG may, at any time, in its sole discretion, provide You with an upgrade of
the Software or the Services.[nbsp][nbsp]Such upgrades will be available at the BDG
site, not specifically on the home page.[nbsp][nbsp]However, nothing in this
Service Agreement grants You any right to receive any enhancement, upgrade
or update of the Software or Service.[nbsp][nbsp]You may not use a previous version
of the Software after You have received an upgraded version.[nbsp][nbsp]Unless BDG
indicates otherwise in[nbsp][nbsp]providing an update of the Software or Service,
the terms of this Service Agreement shall apply to any upgrade, enhancement,
or update of the Software or Service.[nbsp][nbsp]BDG's entire liability and your
exclusive remedy with respect to this Software or Service shall be the
replacement of media containing the Software or documentation that BDG
deems to be defective but in no event exceed the Liability set forth
in paragraph 23.0 of this Agreement.[nbsp][nbsp]BDG makes no warranty of any kind,
express or implied, with respect to the Software or Services.
5.0 - THIRD PARTY FEES AND CHARGES
Using your account may enable You to purchase goods or incur other charges to
third parties. You are responsible for all activities and charges resulting
from use of your account. You are also solely responsible for all charges
(associated with connecting to the Service through an available access number
for example, telephone or xDSL* charges). You are further responsible for
obtaining or providing all telephone, computer (including modem), or other
equipment necessary to access the Service. You are responsible for determining
whether the access number You use to connect to the Service will obligate You
to pay telephone use charges to your telephone company.
6.0 - BDG ACCEPTABLE USE POLICY
By accepting this Agreement, You also agree to the BDG's Acceptable Use Policy
("Acceptable Use Policy" or "AUP") governing use of the
Service as posted and changed from time to time. The AUP can be viewed at
www.freedsl.com (http://www.freedsl.com). BDG may terminate this Agreement and your ability to use the
Service if it has reason to believe in its sole discretion You have not abided
in all respects by the AUP.
7.0 - SUBSCRIBER INFORMATION
You must provide BDG with accurate, complete, and updated information required
by the registration to the Service ("Registration Data"), including
your legal name, full address, telephone number with the area code, email
address, and other personal information pertaining to your individual
preferences. You must update your BDG account information through your
computer within 30 days of any changes in your Registration Data.[nbsp][nbsp]You
acknowledge that sending an email to BDG to update your account information
is not sufficient.
You further acknowledge that in exchange for the ability to use the Service,
BDG may gather information about You, such as data about your use of the
Service or responses to questionnaires and surveys, and that BDG may provide
this information to third parties, including advertisers. You also acknowledge
that in exchange for the ability to use the Service, BDG may gather
information about You and your practices, preferences and other relevant
information when You are on-line.[nbsp][nbsp]For more detail on BDG's information
collection and dissemination practices, You may consult BDG's Privacy Policy
which can be viewed at[nbsp][nbsp]www.freedsl.com (http://www.freedsl.com).[nbsp][nbsp]It is very important that You read
our privacy policy carefully since it may significantly affect your privacy
rights.
8.0 - USE OF YOUR ACCOUNT
You are responsible for all use of your account and for the security of your
login identification, your password and any security lock code that You use
to protect access to your data, your file name(s) and files, network and user
access, and any information You disseminate through use of BDG Services or
through other Internet services. You may not transfer or permit any other
person to use your account for BDG Services. You may not use more than one
login session at a time. You are also allowed the maximum of one email account.
9.0 - E-MAIL
When providing e-mail service, BDG may place a message promoting the Service
in outgoing e-mail messages transmitted from your account. You shall not
alter, obscure or delete such promotional information messages. BDG may, but
is not obligated to, block any incoming or outgoing e-mail message that BDG
determines, in its sole discretion, is unsolicited or otherwise violates its
then-current policies.
10.0 - TRANSMISSION AND RECEIPT OF CONTENT
BDG is not obligated to control the content of information passing through
its network. However, BDG reserves the right to block access to or remove any
materials accessible through or transmitted through the service that BDG
believes in its sole discretion to be inappropriate, illegal or potentially
harmful to others or that may expose BDG to any liability.[nbsp][nbsp]BDG, at its sole
discretion, may control the content you may view through its network based on
its business relationship with various content providers and other partnership
agreements.[nbsp][nbsp]You also agree that you will not challenge BDG's decisions.[nbsp][nbsp]
You further agree that your sole remedy, under such circumstances, will be to
exercise your rights to terminate your relationship with BDG as expressly
provided in Section 24.0 of this Agreement.
11.0 - COMMENCEMENT OF SERVICES
BDG will use reasonable efforts under the circumstances to provide the
Software to You starting January 3, 2000 AND initiate the Services
starting in April, 2000.[nbsp][nbsp]The free service you will receive will be
the limited service.[nbsp][nbsp]However, you may purchase enhanced service from BDG
at extra cost as identified on BDG's home page and amended from time to time.[nbsp][nbsp]
You understand and acknowledge that such initiation date may vary
depending on
(a) technical support,
(b) capacity of the DSL providers who have contracted with BDG and providing
such Services to BDG customers, and
© other factors beyond BDG's control.[nbsp][nbsp]Additionally, the initiation date may
also vary by region and service level.[nbsp][nbsp]BDG provides no guaranty with respect
to the initiation date but agrees to use its reasonable efforts in meeting
customer expectations.[nbsp][nbsp]However, in no event, BDG's liability shall exceed
the remedy set forth in "LIMITATION OF BDG'S LIABILITY" section
of this Agreement.
12.0 - NO MINORS
You warrant that You are not a minor. Only those 18 years or older may open
accounts with BDG.
13.0 - ANTI-FRAUD POLICY
By registering with BDG, You agree to upport BDG's effort in prevention of
fraud on the Internet[nbsp][nbsp] BDG does not charge for the Services or the
Software, except for shipping and handling.[nbsp][nbsp]If You have been charged for the
acquisition and/or installation of our software, please e-mail to BDG at
compliance@freedsl.com with any information You can provide on the
company that charged You (company name, address, phone number, etc.).
BDG will not compensate You, but will take appropriate actions to stop
such fraud.
BDG members may incur telephone charges on their phone bill, depending on
their location and calling plan.[nbsp][nbsp]You must check with your phone company to
see if any local toll charges will be incurred for the selected access number.
14.0 - ANTI-SPAM POLICY
By entering into this Agreement, You are advised that any abuse of BDG's free
Services including Internet access and e-mail account services is considered
a violation of BDG's Acceptable Use Policy and the Agreement. One of the most
serious abuses is using your account to send unsolicited commercial e-mail,
otherwise known as "spam." The following are examples of spam
(but not limited to) and are blatantly contrary to BDG's "Acceptable Use
Policy" and the "Agreement"[nbsp][nbsp]By accepting this Agreement, you
fully agree to abide by this policy.
Prohibited E-mail Activities:
Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is
prohibited. You are not permitted to use your BDG account or e-mail
alias/account to send unsolicited commercial or private e-mail. Using an
e-mail address hosted anywhere on BDG's service to collect responses from
unsolicited commercial e-mail is prohibited.
Mail bombing: Defined as sending large volumes of unsolicited e-mail to
individuals from your BDG account, is prohibited.
Harassment: Defined as sending threatening or harassing e-mail after being
requested to stop, is prohibited. Extremely threatening or harassing
e-mail never is allowed.
Fraud: Defined as incorporating a false subject line, false return address or
false transmission path into any e-mail sent using BDG's service.
Inappropriate E-mail Activities:
Newsgroup spamming: Defined as excessive cross-posting, or posting the same
article to several newsgroups. This is prohibited. Generally accepted
standards allow no more than 15 newsgroups, or cross-postings, for a
single article or substantially similar articles. Such articles will
be deleted. You are not allowed to use your BDG based mail to spam the
newsgroups.
Off topic or inappropriate postings: There is no restriction on content,
except as defined by each newsgroup. Continued posting of off-topic
articles is prohibited. Please note that commercial advertisements are
off-topic in the vast majority of newsgroups.
BDG will take very strict actions against spam activities. Any BDG customer
found to be spamming will have his or her account deleted. If BDG finds
that You have violated BDG's Acceptable Usage Policy, BDG will report You
and the incident to the proper local, state and federal authorities.
15.0 - TERMINATION OF AGREEMENT FOR COPYRIGHT VIOLATION.
BDG will terminate your account if You use your account privileges to
unlawfully transmit copyrighted material without a license, valid defense
or fair use privilege to do so. After proper notification by the copyright
holder or its agent to BDG and later confirmation through court order or
your admission that an account has been an instrument of unlawful
infringement, BDG will terminate your account. BDG may also, in its sole
discretion, decide to terminate your account privileges prior to that time
if it has good faith belief that infringement has in fact occurred.
16.0 - ASSIGNMENT AND RESALE
You may not transfer, assign or resell the Software or Service to any other
party. You may not assign this agreement or any of its rights or obligations
without the prior written consent of BDG, and any such attempted assignment
shall be void. Subject to the above, this agreement will be binding upon the
parties' respective successors and permitted assigns.
17.0 - U.S. GOVERNMENT RESTRICTED RIGHTS.[nbsp][nbsp]
Each of the Software by BDG is provided with restricted rights (as found in
48 C.F.R. §52.227-7013).[nbsp][nbsp]This provision only applies if the U.S. Government
or any of its entities obtains the Software either directly or indirectly.
BDG created the Software exclusively with private funds.[nbsp][nbsp]Additionally,
information contained in the Software is a trade secret of BDG for all
purposes of the Freedom of Information Act or otherwise.[nbsp][nbsp]Furthermore, the
Software is "commercial computer software" subject to limited use
as set forth in any contract that may be entered into between the seller and
the governmental entity. BDG owns or has license to use, in all respects, the
proprietary information and proprietary data found in the Software.
18.0 - U.S. DEPARTMENT OF DEFENSE PERSONNEL.
BDG only licenses this Software with "Restricted Rights" as defined
in DFARS 52.227-7013 (also found at 48 C.F.R. §252.227-7013).[nbsp][nbsp]Any U.S.
Government use, duplication, or disclosure is subject to the Restrictions
including, but not limited to those found in the Rights in Technological Data
clause at DFARS 52.227-7013 (48 C.F.R. §252.227-7013) that may be amended
from time to time.
19.0 - NON-DEPARTMENT OF DEFENSE PERSONNEL.[nbsp][nbsp]
Other governmental personnel are on notice through this Agreement that any use
of the Software is subject to similar limitations as those stated above,
including but not limited to, those stated in Commercial Computer Software --
Restricted Rights found in 48 C.F.R. §52.227-19, that may also be amended
from time to time.[nbsp][nbsp]Manufacturer is BDG at the location listed below.
20.0 - U.S. EXPORT LAWS PROHIBITIONS.[nbsp][nbsp]
By downloading, installing or otherwise using the Software, You also agree and
confirm that neither the Software nor any of the Software's direct products are
not being and will not be transported, exported or re-exported (directly or
indirectly through the Internet or otherwise) into (or to a national or
resident of) any country forbidden to receive such Software by any U.S. export
laws or accompanying regulations or otherwise violate such laws or
regulations, that may be amended from time to time.[nbsp][nbsp]You also agree and
confirm that the Software will not be used for any purpose that may be
restricted by the same laws and regulations.
21.0 - INDEMNITY
Upon request of BDG, You shall defend, indemnify and hold harmless BDG, its
officers, directors, employees, agents and licensees, from any claims, losses,
damages, expenses, and fees including without limitation reasonable attorneys
fees, arising out of or relating to your use of the Software or Service,
including, without limitation, any violation by You of any of BDG's policies.
22.0 - DISCLAIMER OF WARRANTIES
THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTIES
OF ANY KIND. YOU ACKNOWLEDGE THAT USE OF THE SERVICE AND SOFTWARE IS AT YOUR
SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE
THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY BDG, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN THOSE STATES, BDG'S LIABILITY IS
LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
23.0 - LIMITATION OF BDG'S LIABILITY
IN NO EVENT SHALL BDG BE LIABLE UNDER ANY SECTION OF THESE TERMS AND
CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS
PROFITS, LOSS OF DATA, OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS,
GOODWILL, OR OPPORTUNITY) WHETHER OR NOT BDG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES.[nbsp][nbsp]BDG SHALL NOT BE LIABLE FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY AND IN
NO EVENT SHALL BDG'S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00).[nbsp][nbsp]
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS,
MAY BE BROUGHT BY YOU OR BDG MORE THAN ONE (1) YEAR AFTER THE CAUSE OF
ACTION HAS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE
THAT CAUSES DEATH OR PERSONAL INJURY, AND, IN SUCH JURISDICTIONS, BDG'S
LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT LIMITED BY LAW.[nbsp][nbsp]
THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
24.0 - TERMINATION
You may terminate this Agreement at any time by closing your account for
the Service. BDG may similarly suspend or terminate your account for the
Service at any time for any reason, including but not limited to failure to
comply with the terms of this Agreement and any of BDG's policies. Upon
termination of this Agreement, the provisions of Paragraphs 5.0, 17.0,
18.0, 19.0, 20.0, 21.0 23.0 and 26.0 shall survive.
25.0 - MODIFICATION
BDG may modify this agreement, the AUP, or any policy governing use by
You at any time in its sole discretion. Any modification by BDG is
effective immediately when posted either[nbsp][nbsp]on the BDG web page, currently
located at www.freeDSL.com (http://www.freeDSL.com)[nbsp][nbsp]or by a message sent to You by BDG through an
electronic mail. If any modification to this agreement is unacceptable to
You, You may immediately terminate your account as provided in Paragraph 22.0.
However, if You do not terminate your account, or continue to use the Software
or Service following the posting or email notice of any modification to this
Agreement, your continued use will be deemed an acceptance of that
modification.
26.0 - FORCE MAJEURE
BDG will not be liable in any amount for failure to perform any obligation
under this Agreement if such failure is caused by the occurrence of any
unforeseen contingency beyond the reasonable control of such party including
without limitation Internet outages, communications outages, fire, flood,
war or act of God.
27.0 - ENTIRE AGREEMENT
This Agreement constitutes the sole agreement between BDG and You respecting
the subject matter hereof and will fully supersede any and all other
agreements, either oral or in writing.
28.0 - GOVERNING LAW
Interpretation and enforcement of this Agreement will be governed by the laws
of the state of California (excluding its choice of law rules). You hereby
consent to personal jurisdiction in the federal and state courts of Orange
County, California for any action arising out of or relating to your use of
the Software or the Service. The federal and state courts of Orange County,
California will have exclusive jurisdiction over all such actions. In any
such action, the prevailing party will be entitled to recover all legal
expenses incurred in connection with the action, including but not
limited to costs and attorney's fees.
29.0 - MISCELLANEOUS PROVISIONS
In the event that any provision or provisions of this Agreement are held to
be unenforceable, this Agreement will continue in full force and effect
without said provision and will be interpreted to reflect the original
intent of the parties. Waiver by either party of a breach of any provision
of this Agreement or the failure by either party to exercise any right
hereunder will not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.
BDG has licensed certain of the software, related accompanying materials
and[nbsp][nbsp]manuals and[nbsp][nbsp]supporting technology from Winfire, Inc., a Delaware
corporation ("Winfire").[nbsp][nbsp]The proprietary rights including
patents, trademarks or copyrights in the software supplied by Winfire
("Winfire Software") are owned by Winfire.[nbsp][nbsp]By loading the
Winfire Software, you are also accepting the terms and conditions of the
software agreement of Winfire ("Winfire Software Agreement").[nbsp][nbsp]
In the event that any provision of this Agreement conflicts with that of
the Winfire Software Agreement, it is the intent of BDG and You that the
terms and conditions as set forth in the Winfire Software Agreement shall
prevail.[nbsp][nbsp]If you have any questions on Winfire Software Agreement or
Winfire's privacy policies or practices, You should contact Winfire
directly at Privacy@winfire.com.[nbsp][nbsp]
Should You have any questions concerning this Agreement, or if You desire
to contact BDG for any reason, please contact:
Broadband Digital Group, Inc.
4675 MacArthur Court, Suite 1400
Newport Beach, CA 92660
Or send an e-mail to: compliance@freedsl.com
30.0 - CANCELLATION
If you would like to cancel your FreeDSL™ service You must send
an email to support@FreeDSL.com with CANCEL in the subject line.
You can also[nbsp][nbsp]send a certified letter addressed to:[nbsp][nbsp]
BDG - Cancel
4675 MacArthur Court, Suite 1150
Newport Beach, CA 92660.[nbsp][nbsp]
Please allow two business days for the cancellation to take effect.
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