Acceptable Use Policy
This Acceptable Use policy is in effect as of your installation date for all Ripflo Network customers.
CONSENT TO MONITORING
Ripflo Network, LLC (“Ripflo”) reserves the right to, and you acknowledge and
consent that Ripflo may (but is not required to) monitor your communications and
activities via this Service (including their content) during transmission and in
connection with use of the Service, and may disclose any such information for purposes
for ensuring your compliance with this agreement, applicable law, cooperating with
legal authorities, and otherwise protecting Ripflo’s rights, property and interest,
but will otherwise keep any such information confidential.
AUTHORIZED USE OF THIS SERVICE
You agree that you are fully responsible for your activities while using Ripflo’s
service (including for any content, information and other materials you access or
transmit via this Service), and that you shall bear all risks regarding use of this
Service. You agree not to use this Service to engage in any prohibited conduct.
Broadly stated, prohibited conduct is any conduct that is unlawful, infringing,
tortuous or that is harmful (or puts at risk) to Ripflo or any other party or property;
that violates another party's intellectual property, privacy or other rights; or
that otherwise interferes with the operation, use or enjoyment of any service, system
or other property. By way of illustration and not limitation, prohibited conduct
includes using this Service to: (i) intercept, divert or otherwise interfere with
any communication, (ii) violate the security or integrity of, or gain unauthorized
access to, this Service or any other service, system or communication; (ii) impose
an unreasonable or disproportionately large load on any systems or infrastructure;
(iii) send "spam", chain letters, or other unsolicited communications to any party;
(iv) create a "mail drop" for such communications, or engage or permit e-mall relay
services (e.g., "open mail relay"); (v) "spoof" or otherwise impersonate any other
party, falsely stating or otherwise misrepresenting your identity or affiliation
in any way, or forge, delete or alter any part of TCPIP packet header or sender
identification information in any communication; (vi) commit fraud; (vii) harass,
or threaten any party, advocate or otherwise encourage violence against any government,
organization, group, individual or property, or provide instruction, information,
or assistance in causing or carrying out such violence; (viii) intentionally or
knowingly disseminate viruses, Trojan horses, or other code or programming intended
to damage, interfere with, intercept or expropriate any system, data or personal
information; (ix) send or receive any material that could be considered harmful,
obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening,
tortuous, harassing, hateful or otherwise objectionable; (x) send or receive any
material that harasses, victimizes, degrades, or intimidates an individual or group
of individuals en the basis of religion, race, ethnicity, sexual orientation, gender,
age, or disability; (xi) send or receive material containing defamatory, false,
or libelous material; (xii) send or receive any material that infringes or violates
any intellectual property or other right of any entity or person, including, without
limitation, copyrights, patents, trademarks, laws governing trade secrets, rights
to privacy, or publicity; (xiii) send or receive any material that you do not have
a right to make available under law or contractual or fiduciary relationships; (xiv)
engage in conduct that would expose Ripflo or its service providers to civil or
criminal liability; (xv) assist others in engaging in prohibited conduct, or (xvi)
sell or otherwise transfer this Service to any user not located within the household
unless granted explicit written permission from Ripflo. This list is not intended
to be exhaustive.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ripflo, its subsidiaries, agents,
distributors, service providers and affiliates, and their respective officers, directors,
shareholders and employees from and against any and all claims, actions, demands,
liabilities, costs and expenses, including, without limitation, reasonable attorneys'
fees, resulting from your breach of any provision of this Agreement or any warranty
you provide herein, or otherwise arising in any way out of your use of this Service.
Ripflo reserves the right to take exclusive control and defense of any such claim
otherwise subject to indemnification by you, in which event you will cooperate fully
with Ripflo in asserting any available defenses.
CONSEQUENCES OF UNAUTHORIZED USE
Without limiting any other available right or remedy, Ripflo reserves the right
to, and you agree that Ripflo shall have the right, to: (i) take such actions as
it deems, in its sole discretion, to be appropriate to protect against violations
of this Agreement or abuse of this Service and to otherwise protect its interests
(e.g., removing offending material, temporary or permanent filtering, blocking access,
and suspending or terminating service), and (ii) investigate immediately and involve
and cooperate with appropriate authorities regarding any illegal or unauthorized
activities involving this Service. You agree that you will be liable to Ripflo for
any damages incurred or amounts that are required to be paid by Ripflo that arise
out of or are related to your violation of this Agreement, including, without limitation,
damages paid to third parties, cost of repairs or replacements, and reasonable attorneys'
fees and costs of enforcement.
YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY
Although privacy and security are important to Ripflo, you understand and agree
that you shall have no expectation of privacy or security in your use of this Service.
There are privacy and security risks associated with wireless communications and
the Internet generally. You acknowledge that Ripflo makes no assurance that your
communications or activities will be or will remain private or secure, and agree
that Ripflo assumes no responsibility in that regard. You agree that you, and not
Ripflo, are solely responsible for your own privacy and security in using this Service,
and for implementing any protections you deem to be appropriate to protect and secure
your privacy, and your activities, hardware, software and systems. You shall be
responsible for providing adequate antivirus and anti-spam to ensure a secure and
properly functioning network connection.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Service is provided, "as is", "with all faults",
and "as available". You further acknowledge and agree that Ripflo disclaims all
warranties and representations of any kind, whether express, implied or statutory,
including without limitations any warranties: (i) of merchantability, fitness for
a particular purpose, non-infringement, workmanlike effort, quality, accuracy, timeliness,
completeness, title, quiet enjoyment, no encumbrances, no liens, or system integration;
or (ii) that access to or use of this service or any part thereof will be uninterrupted,
error or defect free, free of viruses or other harmful code, or secure, or that
problems will be corrected, even if Ripflo is on notice of such problems. You agree
that there are no warranties that extend beyond the face of this agreement; no advice
or information given by Ripflo or its employees shall create any warranty. The Internet
contains a variety of materials and information that may be offensive to you. You
agree that you assume full responsibility and risk for your use of this Service
and the Internet, and that you are solely responsible for evaluating the suitability,
appropriateness or legality of any informational content or other materials you
may encounter online. Ripflo may, but needs not, provide screening of certain materials.
Software products that enable screening of particular materials and information
are commercially available and widely advertised in public media, including on the
Internet.
MISCELLANEOUS
You agree that: this Agreement and your use of this Service shall be governed by
the laws of the State of Ohio without regard to conflicts of laws principles, and
Ripflo shall have at all times the right to seek any injunctive or equitable relief
available to it under applicable laws. You agree that the exclusive jurisdiction
for all controversies or claims shall be the federal and state courts in the State
of Ohio, and you agree that such courts will have personal jurisdiction over you
in such matters. You agree that this Agreement is solely between you and the owner/operator
of this service. You agree that any controversy or claim brought or asserted by
you or on your behalf that arises out of or relates to this Agreement or this Service
shall be solely against the owner/operator that is providing this Service to you
by Ripflo, and not any other party. Further, you agree that any action you bring
that arises from or relates to this Service must be initiated within one year from
the relevant date of your access to this Service, and that no cause of action may
be brought after that time. You agree that if any provision(s) of this Agreement
is determined to be invalid or unenforceable under applicable law such provision(s)
will be deemed superseded by a valid, enforceable provision that most closely serves
the intent of the original provision and the remainder of this Agreement will continue
to have legal effect. You agree that this Agreement constitutes the entire agreement
between you and Ripflo regarding its subject matter, and it supersedes any prior
or contemporaneous agreements between you and Ripflo regarding its subject matter.
You agree that any notices given by you to Ripflo must be given by email (addressed
to sales@cueband.com), or by postal mail to Ripflo, LLC at 5195 Brighton Place,
Powell, Ohio 43065
This Acceptable Use policy is in effect as of your installation date for all Ripflo Network customers.
