SUPRANET COMMUNICATIONS, INC.
WEBSITE TERMS OF USE

ACCEPTANCE OF TERMS

SupraNet Communications, Inc. (“SupraNet”), a Wisconsin business corporation, makes this website www.supranet.com (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by SupraNet and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in these terms of use and any changes to these terms of use that SupraNet may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

SupraNet reserves the right to change the Terms of Use and other guidelines or rules posted on the Site, including its Privacy Policy, which is hereby incorporated by reference, from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, Privacy Policy and other rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use or the Privacy Policy must be immediately destroyed.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, including common law intellectual property rights and trade dress (collectively “Intellectual Property Laws”), and any unauthorized use of the Materials or Services at this Site may violate such Intellectual Property Laws and these Terms of Use. Except as expressly provided herein, SupraNet, its suppliers, contractors and clients, do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized in the Terms of Use. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by SupraNet, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Content”) subject to our Privacy Policy. The Third Party Content may be governed by separate license agreements that accompany such services. SupraNet offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Materials and Services offered by SupraNet (collectively, the “SupraNet Content”). You agree that you will not hold SupraNet responsible or liable with respect to the Third Party Content or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the SupraNet Content or Third Party Content available on this Site subject to the following conditions:

  1. The SupraNet Content and Third Party Content may be used solely for personal, informational, and internal purposes.
  2. The SupraNet Content and Third Party Content may not be modified or altered in any way.
  3. The SupraNet Content and Third Party Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
  4. You may not remove any copyright or other proprietary notices contained in the SupraNet Content and Third Party Content.
  5. SupraNet reserves the right to revoke the authorization to view, download, and print the SupraNet Content and Third Party Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from SupraNet.
  6. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the SupraNet Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by Intellectual Property Laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of SupraNet or other third parties. You are not permitted to use the Marks without the prior written consent of SupraNet or such third party that may own the Marks.

PROHIBITED USES AND USER CONDUCT

As a condition of your use of the Site, you warrant to SupraNet that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

LINKS TO THIRD PARTY SITES

Any links to other websites not owned or operated by SupraNet are provided solely as a convenience for you.  SupraNet’s listing of any Third Party Content does not create a partnership or affiliation with the third party.  SupraNet’s listing of any Third Party Content does not constitute sponsorship or endorsement of any such third parties or service providers.  You shall make a competent consumer decision before employing the services of any listed third party professional or service provider.  You bear all risk associated with the employing of any third party and obtaining their goods or services.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SUPRANET OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUPRANET MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SUPRANET MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND SUPRANET MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) SUPRANET DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (II) SUPRANET MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) SUPRANET SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SUPRANET ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPRANET OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SUPRANET, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SUPRANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold SupraNet harmless from and against any claims, actions, demands, or damages, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your breach of these Terms of Use, or your access to, use or misuse of the Site or the content thereof. SupraNet shall give you notice of any such claim, suit or proceeding. SupraNet reserves the right to assume exclusive defense and control of any matter, which is subject to indemnification under this section. In such event, you agree to cooperate with any reasonable request assisting SupraNet’s defense of such matter.

PERSONAL INFORMATION AND PRIVACY

As more fully described in our Privacy Policy, and except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. In any case, you understand and agree that SupraNet may disclose information about you if SupraNet has a good faith belief that SupraNet is required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of SupraNet or others.

GOVERNING LAW AND JURISDICTION

By accessing this Site, you and SupraNet agree that all matters relating to your access to or use of this Site shall be governed by the statutes and laws of the State of Wisconsin, United States of America, without regard to the conflicts of laws principles thereof. You and SupraNet also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Dane County, State of Wisconsin with respect to such matters.

GENERAL

SupraNet retains the right to upgrade, alter, or discontinue the Site and the content thereof and may limit or discontinue your access to the Site and SupraNet Content at any time without notice. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. SupraNet may assign its rights or delegate its duties under these Terms of Use partially or in their entirety to any party without notice to you.

In the event that any provision of these Terms of Use is determined invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

These Terms of Use contain the entire understanding and agreement between the parties with respect to the subject matter herein and supersedes any and all other agreements between the parties, whether oral or in writing.

Any failure or delay by SupraNet to enforce its rights under these Terms of Use shall not constitute a waiver unless such waiver is made in writing.