Effective July 31, 2017
The INX Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. The INX Website is not directed at people under the age of 13, and the INX Website does not knowingly collect any personal information from such people. By using the INX Website, you represent and warrant that you are of legal age to form a binding contract with INX and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the INX Website.
Changes to the INX Website
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the INX Website thereafter.
Your continued use of the INX Website following the posting of revised Terms means that you accept and agree to the changes, unless further steps are required by applicable law. You are expected to check the INX Website from time to time so you are aware of any changes, as they are binding on you.
Your Access to The INX Website
We may choose to suspend your access to all or part of the INX Website without advance notice and at any time, for violations of this agreement, for any reason, or for no reason at all. We are not liable if for any reason all or any part of the Website is unavailable at any time or for any period.
INX Website Content and Intellectual Property Rights
The INX Website and its entire contents, features and functionality (including without limitation to all information, software, text, displays, images, graphics, photos, video and audio, and the design, selection and arrangement thereof) (“INX Website Content”), are owned by INX, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. INX expressly reserves all rights in the INX Website and INX Website Content owned by and provided or licensed to INX.
These Terms permit you to use the INX Website for your personal, non-commercial use only if you are a residential Customer. If you are a business Customer these Terms permit you to use the INX Website for your professional and commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the INX Website, except as authorized in writing by us.
If you wish to make any use of material on the INX Website other than that set out in this section, please address your request to: firstname.lastname@example.org
“Imagine Networks, LLC,” “INX Wireless” and all related names, logos, product and service names, designs and slogans (“INX Marks”) are trademarks of INX or our Affiliates (defined as an entity that controls, is controlled by or is under common control with INX) or licensors. You must not use the INX Marks or other INX intellectual property, including without limitation to copyrights, without the prior written permission of INX. All other names, logos, product and service names, designs, slogans, images, graphics, video and audio on this INX Website are the trademarks, copyrighted material, or intellectual property of their respective owners.
DMCA Copyright Infringement Notification and Counter Notification Process
Just as INX requires users to respect our copyrights, and those of our Affiliates and Operational Service Providers and licensors, we respect the copyrights of others. If a copyright owner or its duly authorized agent believes in good faith that its copyrighted work has been reproduced, posted, downloaded, uploaded or shared via our INX Website without authorization in a way that constitutes copyright infringement, you may notify our Designated Agent via the following contact information and requirements:
Name of Service Provider: Imagine Networks, LLC
Name of Designated Agent: Imagine DMCA Copyright Team
Postal Address: 1100 Wayne Street, Suite 1337, Troy, OH 45373
Telephone Number: 877-677-0001 Option 1
Email Address: email@example.com
How to Provide Notification for Claims of Copyright Infringement
Copyright owners or their duly authorized agents must provide the following information in a written communication in the form required by the Digital Millennium Copyright Act to our Designated Agent (see above for contact information).
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the INX Website are covered by a single notification, a representative list of such works on the INX Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit INX to locate the material;
Information reasonably sufficient to permit INX’s Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email. The above contact information for INX’s Designated Agent is intended only for notifications and any related correspondence regarding claims of copyright infringement for the INX Website. Correspondence pertaining to other matters will not receive a response if sent to the above Designated Agent contact information.
INX will remove or disable access to any posted content for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the DMCA). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ANY ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If we have an accurate postal mail or email address, we will also send a notification to the user/Customer that posted or accessed the allegedly infringing content, informing him/her that the content was removed or access to it was blocked because of claimed copyright infringement. The user/Customer has a right to send us a counter-notice challenging our removal or blocking of the user/Customer’s content, as described below in subsection C.
We will suspend, disable, and/or terminate the privileges, membership and/or account of any user or Customer who repeatedly uses the INX Website to unlawfully transmit or post copyrighted content without a license, express consent, valid defense or fair use exemption to do so. Please see the “INX Repeat Infringer Policy” below.
INX Repeat Infringer Policy
Under the appropriate circumstances we will suspend, disable and/or terminate the privileges, account(s) and/or membership of users/Customers that are repeat infringers. We will review the circumstances of each situation and the decision to suspend, disable and/or terminate will be at the sole discretion of INX based on the number of complaints against that user/Customer, the Customer’s response(s), the overall circumstances, as well as any other important factor(s), including without limitation, fair use. INX reserves the right to modify its Repeat Infringer Policy at any time, without notice to any user or Customer.
Each user/Customer agrees that if his or her account or membership is suspended, disabled or terminated pursuant to this DMCA Copyright Infringement Policy, the user/Customer will not attempt to establish a new account or membership under any name, real or assumed, and the user/Customer further agrees that by opening a new account for membership after being suspended, disabled or terminated pursuant to this Repeat Infringer Policy, he/she will have violated this Policy and TOU and shall indemnify and hold us harmless for any and all liability that we may incur.
How to Appeal the Removal or Blocking of Content with a Counter-Notice If You Believe the Content or Access to the Content Was Not Infringing
If you are a user/Customer who posted content that was removed or access to any such content was blocked in response to a notice of infringement and you believe that such content was removed or blocked due to a mistake or misidentification, you may request that we restore the content or cease blocking access to the content by sending us a written communication via postal mail or email, to our Designated Agent for receiving notices of infringement (see above for our Designated Agent’s contact information). All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. This counter-notice must include substantially the following information:
A physical or electronic signature of the owner or licensee of the removed or disabled content on the INX Website;
Identification of the content that has been removed or to which access has been disabled and the location on the INX Website at which the content appeared before it was removed or access to it was disabled.
The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
The user/Customer’s full name, postal address, telephone number and email address (if applicable), and the statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, “ or if the user/Customer’s address is outside of the United States, for any judicial district in which INX or its appropriate subsidiary may be found, and that the user/Customer will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
When we receive a counter-notice that complies with Section 512(c) of the DMCA, we will forward it to the person who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it will include your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to a third party.
We also reserve the right, but not the obligation, to restore the content that was removed or to allow access to the content. As stated in these Terms, we can at our discretion remove any content for any purpose at any time. If we receive a counter-notice from the user/Customer that posted the content subject to a claim of copyright infringement, we will take the following actions: (a) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed content may be restored or we may allow access to the material in ten (10) business days; (b) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the user from infringing activity relating to the content on or accessible via our INX Website, we will not restore or allow access to the content; and (c) Otherwise, we may restore the content and allow access at our sole discretion.
However, as a user/Customer, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore content at any time for any reason without notice to or any liability to the posting user/Customer.
Please contact us at firstname.lastname@example.org if you have any questions regarding this DMCA Copyright Repeat Infringer Policy. Do NOT send notices of infringement to this email address; see the above contact information for our DMCA Designated Agent.
You may not use the INX Website to break the law, violate an individual's privacy, infringe any person or entity’s intellectual property or any other proprietary rights, or encourage or induce anyone else to do the same. You may use the INX Website only for lawful purposes and in accordance with these Terms. You agree not to:
Use the INX Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
Use any device, software or routine that interferes with the proper function, security, or availability of the INX Website;
To impersonate or attempt to impersonate INX, an INX employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names or social networking IDs associated with any of the foregoing) via the INX Website;
Engage in unauthorized “scraping” or “spidering,” or harvesting of personal information, or use any unauthorized automated means to compile information; and
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the INX Website, or which, as determined by us, may harm INX, the INX Website, or users of the INX Website, or expose INX or user of the INX Website to liability.
All the things you do and all the information you submit to the INX Website remain your responsibility. Specifically, you agree to hold INX, the INX Website, its Affiliates, officers, directors, shareholders, employees, agents, representatives, third party licensors and suppliers and Operational Service Providers harmless from and defend each of them against any claims, costs, damages, losses, expenses, government investigations or enforcement, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the INX Website, your violation of these Terms, and/or your violation of the rights of any third party or person.
The INX Website is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our Affiliates and Operational Service Providers disclaim any and all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You understand, acknowledge and agree that you are solely responsible for any damage to your computer or mobile device or loss of use. We do not guarantee that the INX Website will always work properly.
Limitation of Liability
We shall not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with these Terms or your use of or attempt to use the INX Website, including without limitation to damages for lost profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our Affiliates, third-party licensors and suppliers, and Operational Service Providers, and each associated director, employee, agent, shareholder, representative, and officer, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the INX Website.
The headings in these Terms are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the State of Ohio without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state court located in Miami County, Ohio, and the federal court located in Dayton, Ohio.
Severability and Enforcement
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in these Terms, that is not to be deemed a waiver of our right to do so in the future.
These Terms, along with the Service Agreement, consist of the entire agreement between you and us concerning the INX Website. It supersedes all prior or contemporaneous agreements between you and us.
Copyright © 2017 Imagine Networks, LLC All Rights Reserved.