Customer Support

1. Website Description

Welcome to Our Website. We offer access to a compilation of online resources. Within Our Website there are, or may be in the future, administrative services, purchasing services, personalized and general content, information, communication tools, online directories, download areas and games. All of this, together with any other Choice One Telecom website through which they may be accessed or delivered, are collectively called “Our Website.” We do this both through Our Website and by linking to websites of companies we work with and by linking to other websites we think may be of some usefulness to you or your business. Such websites might have their own applicable policies and usage terms. Choice One Telecom has contracted with other third party suppliers enabling itself to provide Our Website to you. The term "Choice One Telecom" (or “us,” "we" and "our") includes all of the affiliates and subsidiaries of Choice One Telecom, as well as their assigns and successors.

2. Terms of Acceptance

Choice One Telecom provides Our Website to you subject to these Usage Terms (“Terms”). If you use Our Website in any way, shape or form, you are agreeing to comply with these Terms. We may update these Terms occasionally and without notice. All updated or amended Terms shall automatically be in effect once they are initially posted on Our Website. In accordance with these Terms, your continued use of Our Website after any alteration occurs shall constitute your implied consent to any such changes. Certain products and services available through Our Website, especially products and services you are asked to pay money or subscribe, may have their own conditions and terms that will apply to your use or purchase of that particular product or service which will take precedence in the event of any conflict with these Terms. These Terms oversee and govern the use of Our Website by visitors, viewers and other users. If we have entered, or will enter, into any separate agreements with another party for the placement of advertising, content or other materials on any of Our Websites then the terms of the separate agreements will oversee and govern our relationship with those particular parties.

3. Children’s Privacy Policy

Our Website and all content therein, is primarily intended for use by people 18 years of age and older. We do not intentionally collect any individually identifying or personal information from children under 13 years old. View our comprehensive Privacy Policy relating to collecting and using your information through or in connection with Our Website. When you provide information or enter into transactions with other companies that provide services or content in connection with Our Website, you will be subjugating yourself to their privacy policies instead of ours.

4. Registration, Security and Password

Whenever information is provided to us by you on Our Website, you agree to: (a) provide accurate, current, complete and true information and (b) maintain and promptly update such information to keep it accurate, complete, current and true. If you provide any information that we have reasonable grounds to suspect or information that is in actuality inaccurate, incomplete, not current or untrue, Choice One Telecom or its third party suppliers may terminate or suspend your access to Our Website and refuse any and all future or current use of Our Website or any portion thereof.

If any portion of Our Website requires you to open an account or register you may also be asked to choose a user name and a password. It would be wise to select a password that people wouldn’t guess so easily, and change it as often as possible for extra security. You are responsible for your own password and account confidentiality maintenance, and you are completely responsible for all activities occurring under your account identification or password. You agree to immediately notify Choice One Telecom of any unauthorized password or account use or any other breach of security. Choice One Telecom will not be liable for any losses or damages that you may incur as a result of someone other than yourself using your account or password, either without or with your knowledge. You may not use anyone's account at any time, without account holder’s permission.

Choice One Telecom intends to take industry-accepted precautions from now and then to secure Our Website or parts thereof, and some parts of Our Website may be labeled as "secure" in agreement with industry practices in connection with the use of such safety measures. However, you understand and agree that such safety measures do not guarantee that use of Our Website is impenetrable to all security breaches, and that Choice One Telecom makes no guarantee, warranty or representation that use of Our Website is protected from all security threats, viruses or other vulnerabilities.

5. User Conduct as it Relates to Content

You understand you are responsible for any and all content you post or transmit on or through Our Website.

You agree to use Our Website in a manner consistent with all applicable regulations and laws. Specifically, you will not use Our Website to link to, distribute or solicit content that:

o is harmful to minors, harassing, threatening, defamatory, abusive, vulgar, libelous, gratuitously violent, invasive of another's privacy, obscene, pornographic, or racially, ethnically or otherwise offensive;

o specifically advertises ammunition or firearms, alcohol, tobacco, illegal drugs, or other contraband;

o solicits or advocates violence or criminal conduct;

o infringes on someone's intellectual property or other rights;

o contains software viruses or any other files, computer code or programs designed or intended to disrupt, damage or limit the functions of any hardware, software or communications systems or equipment.

o constitutes unauthorized or unsolicited advertising, chain letters, junk or bulk e-mail or any other unsolicited commercial communication;

Choice One Telecom does not generally control or pre-screen content posted via Our Website by third parties, and does not guarantee the quality, integrity or accuracy of any such content. Choice One Telecom will not be liable in any way for any content errors or omissions, or any damage or loss of any kind incurred as a result of using any content contained or posted in emails or otherwise transmitted or displayed via Our Website.

Choice One Telecom, shall have in its sole discretion, the right but not any obligation to monitor, remove or refuse any content available via Our Website. Without limiting the foregoing, Choice One Telecom shall have the right to remove any content not in agreeing with these Terms or that is otherwise objectionable.

6. Content Submitted or Publicly Posted to Choice One Telecom

Our Website may have “publicly accessible areas” like forums, message boards, job folders, member profiles, yellow pages or other features allowing users to post information that will generally be accessible by the user population or the public. While you retain any and all rights existing in such content with respect to all content you post to such publicly accessible areas of Our Website, you grant Choice One Telecom the fully sub-licensable, perpetual, royalty-free, irrevocable and non-exclusive right and license to reproduce, use, adapt, distribute, modify, translate, publish, create derivative works from, and display any such content (in part or whole) worldwide and/or to incorporate said material in any other works in any technology, form or media now known, unknown or later developed and to exercise these same rights with respect to all such works. You also permit any user of Our Website to view, access, display, reproduce and store content you placed in publicly accessible areas in Our Website. Any content posted by you to areas that are publicly accessible isn’t subject to our Privacy Policy.

Except for any individually identifying, personal information we agree to keep confidential as stated in our Privacy Policy, any data, feedback, questions, answers, suggestions, comments, ideas or the similar things you send to us will be treated as nonproprietary and non-confidential, and will not be subject to our Privacy Policy. We assume no obligation to protect this information from disclosure and will be free to use, reproduce and distribute the information to others unrestricted. We will also be able to use any ideas, concepts, techniques or know-how contained in any information you send to us for any purpose or reason whatsoever including but not limited to incorporating such information and marketing, manufacturing and developing services and products.

7. Choice One Telecom’s Sole Discretion Over Storage, Use and Operation of Our Website

Choice One Telecom may set limits regarding Our Website and the use of any services or features associated with our Website, including limits on the size or number of messages to or from a user, or the amount or duration of storing email, postings, and other user-provided content. We are not liable for the garbling, loss or deletion of messages, other content or maintained or transmitted communications by Our Website.

We may change or terminate Our Website or any part of it without liability or notice. We may change or terminate your account, password or use of any part or all of Our Website and may remove any content from Our Website for any reason and without notice, including violation of these Terms or lack of use. We reserve the right to log off inactive accounts that are dormant for an extended period of time.

8. Dealings with Advertisers, Links, Service and
Products Providers

Our Website may provide links to or information about other resources or sites. Your business dealings with, participation in promotions of or correspondence with advertisers or service and /or products providers found on or through Our Website, including delivery and payment of related services or goods, and any other representations, terms, conditions or warranties associated with any such dealings, are solely between you and such advertisers or service and/or product providers. You assume all risks resulting from or arising out of your Internet business transaction, and you agree that Choice One Telecom shall not be liable or responsible for any damage or any sort of loss incurred resulting from any such dealings or as the result of information about or links to such service and/or product providers or advertisers on Our Website. You agree and acknowledge that Choice One Telecom is not liable or responsible for the accuracy, availability, copyright compliance, decency, legality, or any other aspect of the advertising, content, services, products or other such materials on or available from these resources or sites. Advertisements found through or on Our Website, and references we make to any third party marks, names, products or services or hypertext links to third party information or websites, do not imply or constitute our sponsorship, endorsement or recommendation of said third party, product, service or information. You hereby acknowledge your use of these linked sites is dissimilar and subject to different usage terms than these Terms, and may be subject to entirely different practices of privacy than those set forth in our Privacy Policy governing Our Website.

9. Our Website’s Special Use Limitations

We grant to you a non-exclusive, limited, revocable, non-transferable, license to use Our Website only for Our Website’s intended purposes. You may not resell, sell or otherwise commercially exploit or use Our Website for any reasons other than using Our Website for its intended purposes. Systematic retrieval of content or other data from Our Website to compile or create, indirectly or directly, a collection, compilation, directory or database without written permission from Choice One Telecom is prohibited. You further agree not to prepare derivative works, reproduce from or otherwise commercially exploit any portion of Our Website, for any reason other than its intended purposes or other reasons expressly permitted by these Terms.

You may not modify, reverse engineer, translate, disassemble or otherwise attempt to derive the computer systems’ source code for any other technology operating within Our Website or produce derivative works based on Our Website. For these Terms’ purposes, “reverse engineering” shall include examination or analysis of Our Website to determine the structure, source code, organization, internal design, encryption devices or algorithms of Our Website's underlying technology.

Any license granted under these Terms for your use of any portion of Our Website requiring an account or registration will be automatically terminate upon your account’s termination or termination of your registration privileges with respect to any such portion of Our Website. Choice One Telecom and/or its third party suppliers have termination rights with respect to the license of any user any time for any reason or no reason, solely at the discretion of Choice One Telecom and its third party suppliers.

Choice One Telecom provides Our Website for use only by people located within the United States of America and provides regulated telecommunications and other products and services only in portions of the United States of America. Choice One Telecom makes no representation in respect to services products or materials described on Our Website being available or appropriate for use in locations outside the United States of America or our applicable serving locations within the United States of America, and accessing them from locations where their contents are prohibited is illegal. Those choosing to access Our Website from other territories do so by their own free will and on their own initiative and are solely responsible for compliance with local laws. Certain Choice One Telecom affiliated companies provide products and services and operate other sites in assorted countries throughout the world; some of these sites may be accessed from Our Website. Any international sites will be governed by their own usage terms and policies of privacy and not by these Terms.

10. Indemnification

You agree to indemnify and hold Choice One Telecom and its underlying service and content providers, and each of their respective affiliates, subsidiaries, officers, employees and agents harmless, including any court costs or reasonable attorneys' fees, from any claim or demand, made by any third party due to or arising from content you post, upload or submit to or transmit through Our Website, your violation of anyone’s rights, your use of Our Website, your connection to Our Website or your violation of these Terms. These obligations will survive your use of Our Website or any Choice One Telecom relationship termination. Choice One Telecom reserves the right to assume the control and defense of any matter subject to your indemnification, in which event you will cooperate with Choice One Telecom in asserting any available defenses.

11. Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE:

A. YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS AVAILABLE" AND "AS IS" BASIS. CHOICE ONE TELECOM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER THEY BE EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OF DATA, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT CERTAIN WARRANTY EXCLUSION, SOME OF THESE PARTICULAR EXCLUSIONS MAY OR MAY NOT APPLY TO YOU.

B. CHOICE ONE TELECOM MAKES NO WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY OR SECURE, (iii) RESULTS OBTAINED FROM THE USE OF OUR WEBSITE WILL BE RELIABLE OR ACCURATE, (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED THROUGH OUR WEBSITE WILL EXCEED OR MEET YOUR EXPECTATIONS, AND/OR (v) ANY WEBSITE ERRORS WILL BE CORRECTED.

C. ANY MATERIAL OBTAINED, UPLOADED OR DOWNLOADED IN ANY WAY THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU WILL BE WHOLLY AND SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR BUSINESS OR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE USE OF OUR WEBSITE OR THE UPLOADING, DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL FROM OUR WEBSITE.

D. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CHOICE ONE TELECOM OR FROM OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY. INFORMATION OR ADVICE RECEIVED THROUGH OUR WEBSITE SHOULD NOT BE RELIED ON FOR SIGNIFICANT BUSINESS, PERSONAL, MEDICAL, FINANCIAL OR LEGAL DECISIONS. YOU SHOULD CONSULT THE APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR PARTICULAR SITUATION.

E. MATERIAL ON OUR SITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. PERIODICALLY, CHANGES MAY BE INCORPORATED INTO OUR WEBSITE’S MATERIAL. CHOICE ONE TELECOM MAY MAKE CHANGES OR IMPROVEMENTS IN THE PROGRAMS, SERVICES OR PRODUCTS DESCRIBED WITHIN THESE MATERIALS AT ANY TIME AND WITHOUT NOTICE.

12. Exclusive Remedy and the Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHOICE ONE TELECOM SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (WHETHER OR NOT CHOICE ONE TELECOM HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES), RESULTING FROM: (i) THE INABILITY TO USE OR THE USE OF OUR SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS RESULTING FROM ANY DATA, GOODS, SERVICES OR INFORMATION OBTAINED OR PURCHASED OR TRANSACTIONS ENTERED OR MESSAGES RECEIVED FROM, INTO OR THROUGH OUR SITE; (iii) ALTERATION OF OR UNAUTHORIZED ACCESS TO YOUR DATA OR TRANSMISSIONS; (iv) CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON OUR WEBSITE; OR (v) ANY MATTER RELATING TO OUR WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, CHOICE ONE TELECOM'S LIABILITY IN THOSE JURISDICTIONS SHALL ONLY BE LIMITED TO THE MAXIMUM EXTENT THE LAW WILL PERMIT.

IF YOU ARE DISSATISFIED IN ANY WAY WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE USAGE TERMS, YOUR EXCLUSIVE AND SOLE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.

13. Copyright and Trademark Information

The Choice One Telecom name, the Choice One Telecom logo, Choice One Telecom slogans and other Choice One Telecom logos and service and product names are trademarks of Choice One Telecom. You are not authorized to use Choice One Telecom’s name or mark as any kind of link to any Choice One Telecom Website or in any publicity, advertising or in any other commercial method without Choice One Telecom’s prior written consent. Registration and/or use of the Choice One Telecom name, or even a confusingly similar name, as all or part of a third party domain name is strictly prohibited. Requests for authorization should be made to contact us.

You may copy, use and distribute materials found on Our Website for informational, noncommercial internal purposes only. All copies of the material you make must bear any proprietary notice, copyright or trademark located on Our Website pertaining to the material being copied. You are not being granted a license, right, title or interest under any patent, copyright, trademark or other intellectual right of property in the products, services, material, technology or processes except as authorized in this paragraph. Choice One Telecom, its subsidiaries and/or any third party owner retain all of these rights. All service marks and trademarks contained herein not owned by Choice One Telecom are the possession of their respective owners.

14. Notices

Any notices to you, including notices of changes to these usage Terms, may, at Choice One Telecom's discretion, be made either by exhibiting the notices or links on Our Website, regular mail or email.

15. In General

These Terms constitute and govern the entire agreement between you and Choice One Telecom with respect to your use of Our Website. Different or additional conditions and terms may be applicable when other specific Choice One Telecom products and services or the products and services of any third-party suppliers of software, content or products and services are used. The laws of the United States of America and the State of Florida govern this agreement and the association between you and Choice One Telecom with respect to our Website. You agree to submit to the exclusive jurisdiction of the Miami-Dade County, Florida courts for any claim or disagreement arising from these Terms or the use of Our Website. Choice One Telecom's failure to enforce any right will not waive that right under these Terms. You must file any suit or claim to Our Website within one year after it arises.