Telecom Professional User

Terms of Service

Terms of Service: Telecom Professional User

This Terms of Services agreement (“Agreement”) governs your use of FindBroadband.com, which has been made available to you by Microbrand Media LLC (“Microbrand Media”), a Texas limited liability company and the owner of FindBroadband.com.

By signing up for a Telecom Professional User Account on FindBroadband.com, you (“User” or “You”) expressly agree to be bound, without modification, to this Agreement, so please read them carefully to decide if you will continue using FindBroadband.com. If you do not or cannot agree to be bound to this Agreement, you cannot use FindBroadband.com. If you are using FindBroadband.com on behalf of a business, you warrant that you are authorized to bind that business to legal agreements, and as such, that business accepts this Agreement, and all of the terms of this Agreement apply to that business.

We reserve the right to change this Agreement at any time, at our sole discretion. If we make any changes, we will notify you by posting the changes here and by emailing you at the email address provided by you. You are responsible for reviewing any changes to the Agreement. Your continued use of FindBroadband.com after posting of changes to the Agreement is your acceptance to the modified Agreement. The Agreement was last modified on February 14th, 2017.

Using FindBroadband.com

Subject to this agreement, you have access to use FindBroadband.com for educational and informational use, such as to search and obtain information regarding broadband availability at certain address locations. FindBroadband.com and Microbrand Media do not provide internet service.

Microbrand Media may modify, change, or upgrade the functionality or appearance of FindBroadband.com, including removal of functionality or content, at any time.

This site contains information regarding the services of third party providers. Microbrand Media may be compensated by some of the third party providers for listing the information.

This site may link to other websites. Links are not an endorsement of the products or services available at the other websites. Microbrand Media has no responsibility or control of content on the linked websites.

This site is not providing financial, legal, business, technical, or other professional advice.

Microbrand Media makes every commercially reasonable attempt to manually gather relevant information helpful towards making a purchase of broadband internet and other services. However, because Microbrand Media does not control the information, and internet providers may change their availability, speed, services, features, data centers, and pricing structures at any time, Microbrand Media cannot and will not be held responsible for any discrepancies in availability, pricing, or other information between what is stated on FindBroadband.com and anywhere else where you find information regarding broadband internet service, including the website of the internet providers themselves. Always verify plans, pricing, contact details, availability, speed, and other relevant information with the internet provider before starting service.

You agree to promptly notify Microbrand Media if your FindBroadband.com account has been subject to a security breach, including disclosure of your username or password.

The Telecom Professional User Account

Subject to the Terms of this Agreement, a Telecom Professional User will receive 50 Credits per Calendar Month, and will have access to additional professional-level features including bulk searches, the ability to purchase additional Credits, API keys, and friend invites. The 50 monthly Credits do not “carry over” from month-to-month.

From time to time, Microbrand Media may change, modify, or upgrade the functionality or appearance of FindBroadband.com, which may include the removal of functionality, content, features, or amounts of credits per each level of User account.

Payments

Payments may be paid via credit card via Stripe. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You may choose to enable automatic billing to refill additional Credits monthly; if so, you agree that Microbrand Media may charge your credit card automatically on your renewal date until you cancel. You may cancel your automatic Credit refill at any time via the billing tab of your online account. Cancellations and unused Credits are not subject to refund; if you cancel your account, your remaining credits are lost. Complementary Credits have no monetary or cash value and are never subject to refund. Credits automatically expire one year from purchase. Microbrand Media shall have the right to recover expenses including collection costs and reasonable attorney's fees incurred in collecting overdue amounts.

Termination

Microbrand Media reserves the right to terminate this Agreement and User's rights by giving User email notice of termination at Microbrand Media’s sole discretion. If Microbrand Media terminates User’s account for good cause, User will not receive a refund for unused, purchased, unexpired Credits; however, if Microbrand Media terminates User’s account without good cause, Microbrand Media will refund User for unused, purchased, unexpired Credits. As stated above, upon termination, User will never receive a refund for Credits that were complementary and/or expired. The provisions of any Disclaimer and the Limitation of Liability shall survive any termination of this Agreement.

Intellectual Property

FindBroadband.com is the property of Microbrand Media, and contains information, graphical elements, and data that are protected by copyright, trademark, trade secret, and other intellectual property laws. You agree to abide by all copyright notices and trademark restrictions.

Subject to the terms of this Agreement, Microbrand Media grants you a non-transferable, non-assignable, limited, non-exclusive, revocable license to use FindBroadband.com only as permitted in this Agreement.

You retain all intellectual property rights, including copyrights and trademark rights, over your written and other content uploaded or posted to FindBroadband.com (“User Content”).

You grant Microbrand Media a non-exclusive, world-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, index, and create derivative works from your User Content in any media now existing or hereinafter devised.

Restrictions on Your Use of FindBroadband.com

You may not and may not allow others to:

· Use FindBroadband.com to violate the CAN-SPAM Act or the laws of any applicable jurisdiction;

· Use FindBroadband.com to abuse, defame, harass, threaten, or post illegal content, or cause any such to be posted;

· Use FindBroadband.com to transmit a virus, Trojan horse, worm, hack, or any harmful content;

· Use FindBroadband.com to post content that infringes upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, or cause any such content to be posted;

· Sell, rent, lease, license, sublicense, or assign use of FindBroadband.com to other companies;

· Reverse engineer, decompile, disassemble, or otherwise derive the source code from FindBroadband.com;

· Alter, modify, adapt, reconfigure, or prepare derivative works of FindBroadband.com; or

· Copy, extract, scrape, summarize, distribute, or otherwise use FindBroadband.com in any manner which competes with or substitutes for Microbrand Media’s distribution of FindBroadband.com to its customers; or

· Use a VPN, IP address changing software, or any other method to circumvent FindBroadband.com’s data protection tools.

Microbrand Media may restrict or ban Users (specifically, the IP addresses of Users or by other methods) from using FindBroadband.com, and thereby terminate their license under this Agreement, for violating these restrictions, at Microbrand Media’s sole discretion.

If you believe you have been restricted or banned mistakenly, you may contact us on our contact page.

Our Warranties and Disclaimers.

To the extent allowed by law, Microbrand Media does not make any warranty regarding FindBroadband.com or FindBroadband.com, including, but not limited to, the materials, the software, the content, the information, or any services or products provided through or in connection with FindBroadband.com.

FindBroadband.com is licensed to user “as-is" and “as-available,” without any warranty of any nature, express or implied, and Microbrand Media expressly disclaimS any and all warranties, including, without limitation: (a) any warranties as to the availability, accuracy, or completeness of the materials, software, content, information, products, or services which are part of or disclosed on FindBroadband.coM; (b) warranties of fitness for a particular purpose, merchantability, or non-infringement, (c) any warranty that FindBroadband.com will always be available, error-free, accessible, timely, or secure; OR (D) any warranty that information or data submitted to or passed through FindBroadband.com will be ADDED OR UPDATED TO FINDBROADBAND.COM ERROR-FREE OR within any particular timeframE.

Limitations of Liability

In no event will Microbrand Media, its subsidiaries, affiliates, licensors, employees, agents, or contractors be liable to user for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by FindBroadband.com, the materials, the software, the content, the information, or any errors or omissions in FindBroadband.com, even if Microbrand media is advised of the possibility of such damages.

Any liability of Microbrand media, its subsidiaries, affiliates, licensors, employees, agents, or contractors, including without limitation any liability for damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, hacking, tampering, unauthorized use, communications line failure, theft, or destruction or unauthorized access to or alteration of FindBroadband.com, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, claims or damages, including, without limitation, damages for loss of business, business profits, business interruption, business information, data loss or corruption, or any other pecuniary loss arising out of or relating to the use of or the inability to use FindBroadband.com, shall be strictly limited to the amount paid to Microbrand media by or on behalf of user in connection with FindBroadband.com in the three (3) months prior to the claimed injury or damage, or one hundred dollars ($100), whichever is more. You agree that quantifying damages would be inherently difficult, and stipulate that the agreed upon sum is not a penalty, but is a reasonable measure of damages. IF YOU ARE A RESIDENT OF OR LOCATED IN CALIFORNIA, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES THAT GENERAL RELEASES DO NOT EXTEND TO CLAIMS THAT YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF EXECUTING THE RELEASE, which IF KNOWN BY YOU, MUST HAVE MATERIALLY AFFECTED YOUR SETTLEMENT WITH THE DEBTOR.

Microbrand media does not represent or endorse the accuracy, currentness, or reliability of any DATA, advice, opinion, statement or other information displayed, uploaded, or distributed through FindBroadband.com, including but not limited to, the materials, THE HELP DESK (IF ANY), THE FAQ SECTION (IF ANY), the software, the content or the information. User acknowledges that any reliance upon any such DATA, opinion, advice, statement, or information shall be at user's sole risk.

Some jurisdictions do not allow for some of the limitations or exclusions as set forth herein. User may have other rights which vary from jurisdiction to jurisdiction.

Your Warranties and Indemnification.

You represent and warrant that you will not use FindBroadband.com to post content or provide content to be posted on FindBroadband.com that infringes upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, or to post content or provide content to be posted that is in violation of any laws or regulations of any applicable jurisdictions. You represent and warrant that the information and data you submit through FindBroadband.com is accurate and complete.

You agree to indemnify Microbrand Media, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by you under this Agreement and your use of FindBroadband.com.

Reporting Copyright Infringement (DMCA).

This website complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at legal@findbroadband.com or 640 Twelve Oaks LN, Austin, TX 78704 (512) 270-0727, containing the following information:

- Your contact information (name, mailing address, phone number).

- A description of the copyrighted work that you believe was infringed.

- A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.

- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.

- Your digital or physical signature.

Legal Terms.

No Assignment. The licenses and login granted and assigned to you pursuant to this Agreement may not be assigned, sub-licensed, or transferred by you without Microbrand Media’s prior written consent. Any attempted assignment, sub-license, or transfer shall be null and void and shall result in the immediate and automatic termination of the licenses and login granted under these Agreement. Microbrand Media may assign any rights or obligations under these Agreement to any other party, without notice to you.

Choice of Law and Forum. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas. Any and all claims arising out or relating to this Agreement or your use of FindBroadband.com shall be litigated exclusively in Travis County, Texas, and you and Microbrand Media consent to personal jurisdiction in Travel County, Texas.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.

Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.

Section Headings. The section headings of these Terms are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.

Notices. You agree that Microbrand Media may provide notice to you under this Agreement by placing a banner across the web pages of this website. You may provide legal notice to Microbrand Media via: legal@findbroadband.com

Force Majeure. Neither Party shall liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.

Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of Microbrand Media.

Any questions about the agreement or this website can be directed to:

legal@findbroadband.com