Sodak.com/BlackHills.com Internet Service provides its subscribers with access to the Internet only on the terms and conditions set forth herein. Signing on to our service constitutes acceptance of such terms and conditions.
1. Sodak.com/BlackHills.com Internet Service agrees to provide its Internet Access Service (the "Service") to the applicant named above ("Customer") for Customer's private
use.
2. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER Sodak.com/BlackHills.com Internet Service NOR ANY OF ITS PARENT COMPANIES, LICENSERS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT. NEITHER Sodak.com/BlackHills.com Internet Service NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF WARRANTY.
3. Customer acknowledges
and agrees that there are limited technical means available to provide
privacy and security on the Internet. Sodak.com/BlackHills.com Internet Service
will not intentionally disclose the contents of private files to third
parties without Customer's written permission or a court order or subpoena.
However, Sodak.com/BlackHills.com Internet Service reserves the right to
inspect electronic mail if necessary to debug electronic mail software
or to reroute electronic mail that has been misaddressed or misrouted.
System administration tasks may also expose the contents of Customer's
files to Sodak.com/BlackHills.com Internet Service personnel. For its part,
Customer recognizes that there are unscrupulous people who know how to
circumvent system security. Accordingly, Customer agrees to guard its password
carefully, move private and important files to its own system if possible,
and will not send by electronic mail or keep online anything that it does
not want read.
4. Sodak.com/BlackHills.com
Internet Service will cooperate with law enforcement officials and
with other system administrators in the legitimate investigation of suspicious
activity. Intentional violations of privacy of other users by Customer,
whether on the Sodak.com/BlackHills.com Internet Service's system or at another
site, will be grounds for immediate termination of Customer's Service and
may make Customer subject to civil or criminal penalties.
5. Sodak.com/BlackHills.com
Internet Service reserves the right to immediately terminate service
of any customer who jeopardizes the efficiency of the system by sending
unsolicited commercial e-mail or posting commercial messages to inappropriate
newsgroups.
6. Customer acknowledges
that by its nature, use of the Internet means that certain information
about Customer and its activities will be visible to other users through
well known system commands. Accordingly, such information will be treated
as public information. This includes Customer's name, the fact that Customer
has an account, when and for how long Customer is logged in, and the commands
Customer runs.
7. Sodak.com/BlackHills.com
Internet Service by providing the Service does not, in any way, control
or edit the content of any material placed on the Internet by its subscribers
or any third parties, nor does it in any way control, limit or edit the
material or its content which Customer may access or become exposed to
on the Internet. Customer is solely responsible for any information which
it places on the Internet, which it accesses on the Internet or which it
uses through the Service; in particular, Customer is solely responsible
for the legality of any such information or the access or use thereof.
Some information accessible on the Internet may be offensive either because
of its content (including sexually explicit material), or the language
used in expressing ideas. Customer is solely responsible for choosing to
read or view any material it accesses on the Internet. Sodak.com/BlackHills.com
Internet Service expressly disclaims any and all liability from all
claims for damages arising out of, or claimed to arise out of, encountering
any such material.
8. The Service may only
be used for lawful purposes. Some material available on the Internet may
be copyrighted or constitute a trade secret, and some material may have
been placed on the Internet in violation of U.S. or other copyright laws.
Customer is solely responsible for determining the legal status of any
intellectual property it uses or duplicates using the Service. Traffic
in access codes, credit card numbers or similar information is unlawful.
Any use by Customer of the Service for unlawful purposes will constitute
grounds for Sodak.com/BlackHills.com Internet Service to discontinue Customer's
Service.
9. All use of the Service
must conform to the restrictions associated with Customer's account and
as set forth herein. Sodak.com/BlackHills.com Internet Service reserves the
right to terminate the Service if Customer violates such restrictions.
10. The sharing of passwords
or accounts is strictly prohibited and violators are subject to the cancellation
of such Customer's Service without prior notice. The resale of the Service
or any other associated services by any and all means is restricted unless
approved in advance in writing by Sodak.com/BlackHills.com Internet Service.
p>11. Customer's usage billing
period begins on the 1st of each month and ends on the last day of the month. Sodak.com/BlackHills.com Internet Service will furnish a bill to
Customer on a monthly basis. Bills will be sent to the customer by the
first of the month with payment due by the 20th of the month at which
time a late fee of 1.5% or $1.00 (whichever is greater) will be imposed.
All accounts not paid in full by the 15th of the month following the billing
will be subject to disconnection. All Sodak.com/BlackHills.com Internet
Service accounts, whether for individual or business customers,
are single user/station accounts. Sharing the account with persons other
than family members residing in an individual Customer's household, whether
for compensation or otherwise, is strictly prohibited.
12. Customer is responsible
for all actions it takes or causes to be taken in connection with its use
of the Service. As a condition of the Service, Customer agrees to indemnify
and hold harmless Sodak.com/BlackHills.com Internet Service, its parent corporations
(Golden West Telecommunications Cooperative, Inc., and Vivian Telephone
Company (dba) GoldenWest Communications) and their respective officers,
board members, employees, agents, and member owners from any claim or cause
of action by Customer or any third party for any damages arising out of,
or claimed to arise out of, Customer's use of its account, or the use of
such account by any person whatsoever, to access the Internet or any information
thereon.
13. Sodak.com/BlackHills.com
Internet Service's return check charge is $15.00.
14. Customer may cancel
its Service at any time. Customer will be responsible for paying the cost
of the Service through the end of that month. A minimum of 1 month's service will apply to all accounts. Sodak.com/BlackHills.com Internet
Service may terminate the Service at any time upon any violation by
Customer of any of the terms and conditions contained herein. Otherwise,
Sodak.com/BlackHills.com
Internet Service may terminate the Service upon 30 days prior written
notice to Customer.
15. Sodak.com/BlackHills.com
Internet Service reserves the right to change the rates and otherwise
modify the terms and conditions of this Agreement by notifying Customer
10 days in advance of the effective date of such proposed changes. If Customer
does not request its Service to be terminated, it will be conclusively
presumed that Customer consents to the new terms conditions, and rates
as so notified.
16. The Internet may contain
viruses which, if not eliminated, may destroy parts or all of the data
contained in your computer. Sodak.com/BlackHills.com Internet Service has
no control over the existence or elimination of any such viruses. Specifically,
Sodak.com/BlackHills.com
Internet Service does not provide any filtering or checking of data
to eliminate viruses. Customer agrees to provide its own mechanism for
checking its computer system for viruses obtained through the Service.
Further, Customer agrees not to introduce, knowingly or unknowingly, any
virus onto the Internet system or Sodak.com/BlackHills.com Internet Service's
hosts. Further Customer will hold Sodak.com/BlackHills.com Internet Service
harmless from, and indemnify Sodak.com/BlackHills.com Internet Service for,
any damages resulting from any viruses introduced by Customer onto the
Internet or into Sodak.com/BlackHills.com Internet Service's systems.
17. The terms and conditions
contained herein supersede all previous representations, understandings
or agreements and shall supersede any other terms and conditions of any
order submitted or prior price quoted.
18. This agreement is
made under and shall be governed by and construed in accordance with the
laws of, the State of South Dakota applicable to agreements made and performed
in South Dakota. Any cause of action of Customer or its designated users
with respect to the Service must be instituted within one year after the
claim or cause of action has arisen or it will be barred.
Permission to access the information in this website is restricted to people who accept the terms of this agreement.
Sodak.com/BlackHills.com has its principal business office, from which all business is done, is located at 511 W JAckson Blvd. Spearfish, Lawrence County, South Dakota.
All issues or disputes involving Sodak.com/BlackHills.com or anyone acting on its behalf, whether the issue or dispute involves the purchase of product, tort claim or any other dispute, shall be resolved, whether by arbitration or legal action, within Lawrence County, South Dakota. Legal jurisdiction is agreed to reside in Lawrence County, South Dakota, and venue of all dispute resolution is hereby contractually bound and limited to Lawrence County, South Dakota. Any lawsuit must be prosecuted solely in the Circuit Court for the Lawrence county Circuit, Lawrence County, South Dakota.
Linking information is provided 'as is', and Sodak.com/BlackHills.com does not endorse or take responsibility for what people find there.
