ZoomTown Terms of Service
Public Release Version 4.0
Publication Date August 15, 2008
Copyright 2008. Cincinnati Bell Telephone Company. All rights reserved.


Printed in the United States of America. All rights reserved. Trademarks, brand names and the products mentioned in this document are the property of Cincinnati Bell Telephone Company LLC (hereafter "Cincinnati Bell"). All such references have been used strictly in an editorial fashion with no intent to convey any affiliation or agreement with the name or the product's rightful owner.

This document contains unpublished, confidential and proprietary information of Cincinnati Bell. No part of this document may be reproduced in any form or by electronic or mechanical means, including information storage and retrieval devices or systems, without prior written permission from Cincinnati Bell. This document or the information it contains may not be used, reproduced, or disclosed outside of Cincinnati Bell without authorization in writing by Cincinnati Bell.

CONFIDENTIAL - Use, reproduction, or disclosure is subject to the restrictions in DFARS 252.227-7013 & 252.211-7015/FAR 52.227-14 & 52.227-19 for commercial computer software or technical data provided to the U.S. government with limited rights, as applicable.

Cincinnati Bell Telephone Company
209 West Seventh Street
121-550
Cincinnati, Ohio 45202
Internet Address: http://www.zoomtown.com


Terms and Conditions
ZoomTown Terms of Service


The ZoomTown web site located at http://www.zoomtown.com and http://broadband.zoomtown.com (the "Web Site") is an online data and communications service (the "Service") provided to you by Cincinnati Bell Telephone Company LLC ("Cincinnati Bell"), subject to your compliance with the terms and conditions set forth in this ZoomTown Terms of Service (hereinafter referred to as "ZT TOS" and "Agreement"). In addition to the ZT TOS, if you have selected Fuse as your Internet Service Provider (“ISP”), you are subject to the terms and conditions of a separate Fuse Internet Access Terms of Service ("Fuse Terms"). If you have not chosen Fuse as your ISP, you should familiarize yourself with the separate terms and conditions of the ISP you have selected.

Cincinnati Bell may revise the ZT TOS at any time, and such revision shall be effective immediately upon either posting of the revised Agreement in the "Subscriber Services" area on the Web Site, or notifying you via email or conventional mail.

You are responsible for periodic review of the Agreement and must be aware of any such revisions. If any revision to the Agreement is unacceptable to you, you may terminate your subscription as provided in Section 13 herein. Following notice of any such revision to the Agreement, your continued use of the Service shall be conclusively deemed acceptance of all such revisions. By accessing and using the Service, you represent and agree that you have read and agree to be bound by the terms and conditions of the ZT TOS. If you do not agree with the ZT TOS, please do not use the Service or register as a subscriber of the Service. Further, if you violate any of the terms and conditions contained within the ZT TOS, Cincinnati Bell may terminate and/or suspend your access to the Service without notice.

1. Account
   By registering as a subscriber to the Service, you will receive an account ("Account") with a user ID and will be required to select a password. You are solely and legally responsible for all activities conducted through your Account and any sub-accounts or user names under your Account, and agree that you will only use the Service for lawful purposes. (You may permit another individual, including a minor, to use your Account subject to your supervision and with you retaining all legal responsibility for the Account.)
   
   Finally, you agree to provide accurate and complete registration information and to update this information when it changes. Failure to provide such accurate, complete and updated information shall constitute a breach of this Agreement and unauthorized access to the Service, and may result in immediate termination of your Account and subject you to civil and/or criminal liabilities.
   
   
2. Selection of a User Name
   You may not select or use the user name of another person or a name subject to the rights of any person other than you. You also may not use a user name that suggests to other subscribers the availability of Content (as defined in Section 5 below) that Cincinnati Bell, in its sole discretion, considers to be libelous,defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious,excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law or in violation of the ZT TOS. Furthermore, you agree that you will not attempt to conceal or disguise your user name in any communications.
   
   
3. Acceptable Use
   If Cincinnati Bell becomes aware, through subscriber complaints or otherwise, of any Content (as defined in Section 5 below) that is available by you, your customers, or generally made available through your Account or in a Public Area (as defined in Section 5.1.1 below), and Cincinnati Bell, in its sole discretion, considers such Content to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful,offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law, or is in violation of the Agreement, Cincinnati Bell shall have the right, but not the obligation to immediately remove such Content and/or to terminate your Account without notice. This policy applies to any Content made available by you, your customers, or generally made available through your Account.
   
   As a subscriber, you agree not to use the Service to:
   
   1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. harm minors in any way;
   3. impersonate any person or entity, including, but not limited to, a Cincinnati Bell official, forum leader, guide or host, or falsely state or otherwise misrepresent your person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
   8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   10. interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
   12. "stalk" or otherwise harass another; and/or
   13. collect or store personal data about other users.
   
   
   
4. Privacy Policy

Cincinnati Bell and its affiliates (hereinafter collectively referred to as "we", our", or "Cincinnati Bell") respect the privacy of every individual who uses the ZoomTown online data and communications Services and the Fuse Internet access and related Services (the "Services").

We respect your privacy and are committed to protecting personally identifiable information you may provide us through our Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through our Website and does not apply to our collection of information from other sources.

This Privacy Policy, together with the Terms of Use posted on our Website, sets forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.

We generally keep this Privacy Policy posted on our Website and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise indicated. Any changes to our Privacy Policy will be prospective only and will not affect information collected prior to the effective date of the change in the Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.

4.1. General
This Privacy Policy is specific to the Services, but should be read in conjunction with the Cincinnati Bell Privacy Policy. Click here to read the Cincinnati Bell Privacy Policy. It describes the types of information we will collect about our customers in connection with your use of the Services and how we will use that information. This Privacy Policy will also instruct you on how to manage the collection and use of your personal information in connection with your use of the Services. In the event of a conflict between this Privacy Policy and the Cincinnati Bell Privacy Policy, the terms of this Privacy Policy will control. This Privacy Policy is effective on the date posted above and may be amended from time to time.

4.2. Types of Information Collected
Cincinnati Bell collects and maintains the following types of subscriber information from Fuse and ZoomTown subscribers:
1. a. Personally Identifiable Billing Information.
   
   This information includes your name, address, email address and telephone number, which you actively submitted, and which is required for billing purposes. If we obtained a credit report in connection with the opening of your account, it may also include information included in the credit report. As this information is of a very personal and sensitive nature, it is not used for any other purpose other than billing. This information is not shared or distributed beyond Cincinnati Bell.
   
   
2. b. Other Sources of Personally Identifiable Information.
   
   On occasion, Cincinnati Bell and its partners may run promotions in which we request personally identifiable information. This information may include, but is not limited to:
   1. Name
   2. Address
   3. Telephone number
   4. Email address
   Providing this information to Cincinnati Bell is strictly voluntary, and necessary to participation in promotions or sweepstakes. If you do not want your personally identifiable information collected, please do not submit it to us.
   
   
3. b. Personally Identifiable Information
   
   This information is data about usage and Services operation that is not associated with a specific personal identity. Examples of this type of information include the type of Internet browser and the type of computer operating system you are using. We collect and analyze non-personally identifiable information to evaluate how visitors use our Web site and enhance visitors' online experience. Most non-personally identifiable data is collected via cookies or other analysis technologies.
   
   

4.3. How We Use Personally Identifiable Information
When you do provide us with personally identifiable information, we will not share that information with unaffiliated third parties without your permission. However, we may use that information in the following ways:
1. to contact you;
2. when you submit it to us to participate in a sweepstakes or other promotion;
3. we may share that information with Cincinnati Bell-affiliated companies to improve the Services;
4. we may share limited contact information with service providers and suppliers in order to better perform the Services for you;
5. we may share limited contact information with marketing companies or other selected vendors in order to perform market research and analysis or to market products and services related to the Services to you; and
6. to obtain a credit report or contact a creditor.


4.4. Disclosure of Email Content
Cincinnati Bell will not randomly monitor or disclose the contents of private communication (e.g., email). However, Cincinnati Bell reserves the right, as permitted by law, to monitor or disclose the contents of private communication, if it in good faith believes that such action is necessary under the following conditions:


1. to comply with applicable law, regulation or valid legal process (e.g., warrant, court order);
   
   
2. to protect and defend the rights or property of Cincinnati Bell; and/or
3. in emergencies when personal safety is at issue.

4.5. Email Contact from Cincinnati Bell
Cincinnati Bell is an ardent advocate of online privacy. As a result, we do not take SPAM or other Unsolicited Commercial Email (UCE) lightly. With this in mind, Cincinnati Bell may still occasionally contact its subscribers via email. For this reason, Cincinnati Bell reserves the right to use its subscriber email database as follows:
1. Email Programs. On occasion, Cincinnati Bell may elect to contact subscribers by email about forthcoming Services offerings or solicit subscriber assistance with our ongoing customer care and performance improvement programs. All such contacts will consist of a single, brief email describing the Services offered or customer care/Services improvement initiative. Subscribers will be given options as to how to respond with respect to the content of the email. With each such email, you will be given the opportunity to opt out of future emails of a similar nature.
1. Subscriber Surveys. Cincinnati Bell is committed to providing outstanding customer service. As part of our ongoing performance improvement efforts, we will occasionally ask subscribers to participate in online surveys and other studies designed to improve the performance and usability of our products and Services. Participation in such surveys is always optional.
2. Notice of New Services. Cincinnati Bell regularly adds new services and new features to its existing Services. Cincinnati Bell may contact its subscribers via email with information regarding these new Services. Cincinnati Bell provides its subscribers with the option to subscribe to these new features or Services, which will require some affirmative action on the part of the subscriber if they will increase subscribers' costs or fees. If the new features or Services will not increase the subscribers' costs or fees, Cincinnati Bell may provide subscribers with an opportunity decline installation of the new features or Services if feasible. In both cases, Cincinnati Bell will provide instructions in the email as to how to subscribe to or decline the Services, as well as how to opt out of receiving similar notices of new Services and features in the future where such new Services or features are optional.
2. Communications Related to Transaction Account, Website, and Maintenance Activities. You may receive email communications from us related to your account, the Services, and website and Services maintenance activities. In the event of system upgrades, Cincinnati Bell may contact you via email with additional information and instructions relative to the changes. Upon receipt of these notices, you are responsible for any follow-up actions described therein. If the instructions are unclear, please contact the ZoomTown Help Desk at (513) 397-HELP (513-397-4357). Email System Notifications will only be distributed when absolutely necessary. Subscribers may not opt out of emails concerning System Notifications at this time.


4.6. Parental Consent
Our Services are marketed for purchase by adults or with the consent of persons 18 or older. From time to time, parents and guardians allow their children under 18 to browse our site. However, we do not knowingly allow anyone under 18 to provide any personal information on our websites. We are required to obtain verifiable parental consent before knowingly collecting any personally identifiable information from children under the age of 13. Children should obtain permission from a parent or guardian before sending personal information over the Internet.

4.7. How We Use Non-Personally Identifiable Information
Cookies and Web Beacons. We collect non-personally identifiable information about your computer hardware and software - for example, your IP address, domain name, and access time - using "cookies." "Cookies" are small text files from a website that are stored on your hard drive. These text files make using our Websites more convenient by, among other things, saving your passwords and preferences for you. Cookies themselves do not typically contain any personally identifiable information. We may analyze the information derived from these cookies and match this information with data provided by you or another party. We may provide our analysis and certain non-personally identifiable information to third parties for marketing research purposes, but this will not involve disclosing any of your personally identifiable information. Please note that advertisers that serve advertisements on our Website may also use their own cookies which are subject to the advertiser's privacy policies, not this Privacy Policy.

If you are concerned about the storage and use of cookies, you may be able to direct your Internet browser to notify you and seek approval whenever a cookie is being sent to your hard drive. You may also delete a cookie manually from your hard drive through your Internet browser or other programs. Please note, however, that some parts of our Websites will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.

Users who disable their Web browsers' ability to accept cookies will still be able to browse our Web site; however, they may lose some of the functionality provided by the use of persistent cookies.

You can prevent our site from using cookies or to notify you when a cookie is being used by following the instructions provided by your operating system. To enable or disable cookies on your computer, click here.

We, or a third party acting on our behalf, may use Web beacons in certain of our Web pages and e-mails to gauge the effectiveness of our marketing campaigns and e-mail correspondence. "Web beacons" (also known as Web bugs or pixel tags) are code that is embedded in an html type page which allows someone to determine whether that page has been viewed by a particular user. For example, we may use Web beacons in our HTML based e-mails to let us know which e-mails have been opened by the recipients. We do not use Web beacons to collect your personally identifiable information.

4.8 Links to Other Sites
Your use of the Services allows you to access the Internet and other Web sites. The use of any information or materials that you may access at these external sites is purely voluntary. You should not rely on their contents without independent and thorough review of their accuracy, completeness, effectiveness, and timeliness.


5. Content
   
   5.1. Subscriber Content
   You are solely responsible for all information, technology, products, processes, data, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively referred to as "Content") that you transmit through your Account and/or make available on or through your web site or any of your customer's web sites.
   
   
   5.1.1 Submission of Content to Public Areas
   "Public Area" means chat areas, public message boards, newsgroups or email functions offered as part of the Service. By submitting or uploading Content to any Public Area, you automatically grant to and/or warrant that the owner of such Content has expressly granted to Cincinnati Bell a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such Content.
   
   5.1.2 Compliance with Digital Millennium Copyright Act
   
   You agree to fully comply with all provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") and to fully cooperate with Cincinnati Bell in its efforts to comply with the DMCA. Cincinnati Bell may investigate any reported violation of its policies or complaints of infringement relating to your use of the Service and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of your Account and access to the Service. In the event that you believe that any third party has infringed on any copyrighted material of yours, you shall provide Cincinnati Bell with notice in compliance with the provisions of the DMCA. Furthermore, you agree that Cincinnati Bell shall have no liability until such time as such notice has been actually received. If Cincinnati Bell receives a valid notice that your use constitutes alleged infringement, Cincinnati Bell will take action consistent with the requirements of the DCMA, including but not limited to terminating your Account and access to the Service. Please refer to the Cincinnati Bell DMCA Policy for more information.
   
   
   5.2. Service Content
   
   5.2.1 Accessing Content
   You acknowledge that:
   
   
   1. The Service permits access to Content that is or may be protected by copyrights, trademarks, patents or other proprietary rights (including intellectual property) ("Rights")owned by Cincinnati Bell and other third parties;
   2. These Rights are valid and protected in all media existing now or later developed; and
   3. Except as is explicitly provided otherwise, applicable copyright and other intellectual property laws shall govern your use of Content; provided, however, that such use does not grant you a license under any of the Rights in the Content described herein. All such Rights are retained by Cincinnati Bell and its affiliates and/or any third party owner of such Rights. Further, you agree that you may upload software files, message boards or otherwise transmit only Content that is not encrypted; Content that is not subject to any Rights; and/or Content for which any holder of Rights has given express authorization for its distribution.
   
   
   5.2.2 Intellectual Property Rights in Content
   You understand that rights in any Content, including any compilations on the Service, that is copyrighted by a third party, is claimed and reserved by Cincinnati Bell and may not be copied, used, uploaded, posted, transmitted, distributed or reproduced in any way without the express written consent of Cincinnati Bell. If you wish to obtain rights to copy any Content on the Web Site, please email your request to customercare@cinbell.com.
   
   5.2.3 Use of Trademarks or Service Marks
   The ZoomTown name and logo and all related product and service names, design marks and slogans (the "Marks") are the trademarks or service marks of Cincinnati Bell and its affiliate companies (collectively "Cincinnati Bell"). You are not authorized to use any of the Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Cincinnati Bell. If you wish to obtain such authorization, please email your request to customercare@cinbell.com.
   
   
   
6. Hardware and Software
   
   6.1. Customer System Requirements
   In order to receive the Service, your computer must meet minimum system requirements. Current system requirements can be found at company.zoomtown.com or through a Cincinnati Bell sales representative.
   
   Cincinnati Bell reserves the right to determine which hardware and software is deemed optimal for delivering the Service by performing certain software and hardware upgrades, including but not limited to: (i) distributing new equipment to be used in connection with the Service; and/or (ii) upgrading modem software and/or settings. Periodically, we will upgrade our network infrastructure. As this occurs, Cincinnati Bell reserves the right to establish new requirements by: (i) remotely upgrading or resetting modem equipment; and/or (ii) requiring Subscribers to install new equipment and software.
   
   6.2. Hardware Agreement
   
   6.2.1 Equipment
   In order to receive the Service, you may need to install certain equipment in your computer system and/or home. You agree that all of the equipment listed below ("Equipment") has been provided to you and belongs to Cincinnati Bell. Cincinnati Bell grants you a non-exclusive, non-transferable limited license to use the Equipment to access Cincinnati Bell's network only for use in connecting from authorized locations in accordance with this Agreement. Loss, theft or physical damage to the Equipment is your responsibility.
   • ADSL Modem, as applicable and/or required
   • ZoomTown CD-ROM
   • Telephone Line Microfilters
   • Jack Splitter
   6.2.2 Installation
   You may either self-install the Equipment by following the Installation and Reference Guide, or have Cincinnati Bell perform the installation. If Cincinnati Bell performs the installation, a premise visit charge will be assessed and billed to you on your Cincinnati Bell Telephone monthly bill. Cincinnati Bell assumes no responsibility or liability for damages to your computer as a result of your attempts to install the Equipment, or any installation performed by Cincinnati Bell.
   
   6.2.3 Termination
   When terminating service, your Cincinnati Bell representative will provide you a list of ADSL equipment that needs to be returned to Cincinnati Bell at any Store@CincinnatiBell location. You will be charged One Hundred Dollars ($100.00) ("Equipment Termination Charge") appearing on your Cincinnati Bell Telephone monthly bill unless you return the undamaged equipment within 10 calendar days of termination. Should you return the undamaged equipment after the 10th calendar day of termination, you will see the Equipment Termination Charge and an equivalent credit on your monthly bill. You will not receive credit for your equipment return if the equipment is received after the 30th calendar day from termination.
   
   6.2.4 Access to Equipment, Software and/or Facilities
   You agree that you will not access, or attempt to access any equipment, software (including reverse engineering, decompiling or disassembling the software or attempting in any manner to recreate the source code or object codes) or facilities (including remote computing systems) furnished in connection with this Agreement. Any attempt by you to access and/or subvert any such equipment, software or facilities without permission, and/or any attempts by you to subvert any network security measures of Cincinnati Bell or any other network shall entitle Cincinnati Bell to immediately terminate your access to the Service without notice.
   
   6.2.5 Limitation of Liability; Disclaimer of Warranties
   IN NO EVENT WILL CINCINNATI BELL BE LIABLE FOR ANY DAMAGES TO THE EQUIPMENT WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DATA, LOST PROFITS, SAVINGS OR REVENUES, EVEN IF CINCINNATI BELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, "CINCINNATI BELL" IS DEEMED TO INCLUDE CINCINNATI BELL TELEPHONE COMPANY, ITS PARENT COMPANY AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM.
   THE EQUIPMENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY THAT THE EQUIPMENT IS REASONABLY FIT FOR THE PURPOSE FOR WHICH IT IS TO BE USED AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
   
   
   6.3. Software Agreements
   
   6.3.1 ZoomTown Installation Software
   For installation and support purposes, Cincinnati Bell may elect to install software ("ZoomTown Installation Software") on your computer to facilitate troubleshooting and the distribution and maintenance of desktop support. During installation, the ZoomTown Installation Software may read the following information from your computer operating system (hereinafter "Computer Information: (i) name and version; (ii) total amount of RAM; (iii) amount of free disk space; and (iv) network information. After reading the Computer Information, the ZoomTown Installation Software will upload all of the Computer Information into a single log file which will be stored on your computer operating system and the ZoomTown server and network.
   With regard to the use and performance of the ZoomTown Installation Software, please consider the following:
   
   
   1. ZoomTown Installation Software is licensed as a single product. Its component parts may not be separated or reverse engineered, decompiled, and disassembled.
   2. JAVA SUPPORT: The ZoomTown Installation Software may contain support for programs written in java. Java technology is not fault tolerant.
   3. LIMITATION OF LIABILITY: Cincinnati Bell is not liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the ZoomTown Installation Software or the provision of or failure to provide support services, even if Cincinnati Bell has been advised of the possibility of such damages.
   4. Intellectual Property Rights: All copyrights, trademarks, patents, and/or other proprietary rights ("Intellectual Property Rights") in the ZoomTown Installation Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the ZoomTown Installation Software), the accompanying printed materials, and any copies of the ZoomTown Installation Software are owned by Cincinnati Bell. All title and intellectual property rights in and to the content that may be accessed through use of the ZoomTown Installation Software is the property of Cincinnati Bell or other third parties and may be protected by applicable copyright or other intellectual property laws and treaties. You may not copy the printed materials accompanying the ZoomTown Installation Software.
   
   
   6.3.2 Third Party Software
   As described above, components of the ZoomTown Installation Software and other maintenance software may be supplied by a third party. Where implemented, the following third party licenses, incorporated herein by reference, are in full effect and your installation and use of the software indicates your acceptance of the license agreement. Third party software agreements currently in effect are: * Sun Microsystems, Inc. Binary Code License Agreement JAVA(tm) RUNTIME ENVIRONMENT VERSION 1.18-004 http://java.sun.com/products/jdk/1.1/jre/LICENSE


7. Networking
   
   7.1. Networks not supplied or installed by Cincinnati Bell or Broadwing
   The ZoomTown Helpdesk does not advise or assist with networking. Customer inquiries regarding networking will be directed to third party computer technicians and network equipment manufacturers.
   
   During troubleshooting sessions where networked computers are present, the ZoomTown Helpdesk technician will ask the customer to disconnect their networked equipment from the Equipment, and directly connect the hardware to one Windows based or Macintosh computer. Doing so will help the technician diagnose issues with the Equipment at the customer's premises.
   
   Failure to comply with the ZoomTown technician's request in this matter will release ZoomTown from responsibility for further diagnosis.
   
   7.2. Networks supplied or installed by Cincinnati Bell or Broadwing
   ZoomTown Helpdesk does offer technical support for networks supplied or installed by Cincinnati Bell. Cincinnati Bell Networks are subject to the specific terms and conditions of the contract, terms of service and/or other customer agreement established and agreed to at the time of purchase and/or installation.
   
   
8. Service Speed
   The ZoomTown service comes in one speed - Up to 5Mbps Download speed and up to 768Kbps Upload speed.
   
   Actual speed realized by the subscriber may vary based on a variety of factors.
   
   
9. Electronic Mail Policy
   
   9.1. Maximum Storage Duration
   Cincinnati Bell reserves the right to limit in its sole discretion the space allocated for storage of your electronic mail and the time for which it will be preserved. Specifically, you will be permitted to store electronic mail messages on the mail servers for a period not to exceed ninety (90) days. Cincinnati Bell reserves the right to remove from our mail servers any and all electronic mail that is greater than 90 days old. Email removed from our mail servers will be deleted and therefore is not recoverable.
   
   9.2. Maximum Storage Amount
   You will be permitted to store an amount of electronic mail on the mail servers not to exceed 50 MB (megabytes) in size. Cincinnati Bell reserves the right to remove from the mail servers any and all messages that cause you to exceed this limit. Additionally, Cincinnati Bell reserves the right to refuse to accept delivery of any and all mail messages that would cause you to exceed any of the limitations described herein. Email removed from our mail servers will be deleted and therefore is not recoverable.
   
   9.3. Account Inactivity
   If you do not log in to your email account via WebMail or POP3 Access for more than 90 days, Cincinnati Bell reserves the right to designate your mailbox as "inactive", delete any existing opened or unopened mail, and return incoming mail as "undeliverable". Inactive mailboxes may be reactivated. However, deleted mail is not recoverable.
   
   9.4. Unsolicited Commercial Email
   As a subscriber to the Service, you agree that you will not send Unsolicited Bulk Email (UCE) or "SPAM", or Commercial advertisements in USENET Newsgroups not intended for that purpose without the prior written consent of Cincinnati Bell. You understand that Cincinnati Bell may, in its sole discretion, immediately terminate your Account and access to the Service without notice if you send UCE, SPAM, or commercial advertisements in the USENET News groups.
   
   
10. Disclaimer of Warranties; Limitation of Liability
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND RELATED SERVICES AVAILABLE ON OR LINKED TO THE ZOOMTOWN WEB SITE ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
    
    Cincinnati Bell is not responsible and shall not be liable for the listings or the advertisements contained on the Web Site, and Cincinnati Bell does not:
    
    
    1. Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Web site;
       
       
    2. Make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the Web Site; or
       
       
    3. Check for licenses with respect to licensed professions or trades prior to publishing advertisements and does not assume the responsibility for monitoring the use of trademarks, certifications, or other rights of third parties.
       
       
    4. Warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any Equipment or software made available are provided on an "as is" basis.
       
       
    IN NO EVENT SHALL CINCINNATI BELL AND ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR: (I) BUSINESS INTERRUPTION, LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SERVICE, WEB SITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE WEB SITE EVEN IF CINCINNATI BELL OR ITS AUTHORIZED REPRESENTATIVESHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE SERVICE.
    
    
11. Indemnification
    You agree to defend, indemnify and hold harmless Cincinnati Bell, its affiliated companies and their respective directors, officers, employees and agents from all liabilities, actions, suits, proceedings, claims, damages and expenses, including without limitation, reasonable attorney's fees, arising from or relating to your use of the Service, the Web Site and your Account. Cincinnati Bell reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
    
    
12. Termination
    Either you or Cincinnati Bell may terminate your Account at any time and for any reason whatsoever. Your only right with respect to any dissatisfaction with the Web Site is to terminate your Account by delivering notice to Cincinnati Bell. Any such notice of termination will be effective upon its actual receipt by Cincinnati Bell.
    
    
13. Miscellaneous
    If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
    
    
14. Governing Law
    The Service is operated from a site in the State of Ohio, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles or conflicts of law. Cincinnati Bell makes no representation that Content found at our site is appropriate or available for use in other locations. If you access our site from other locations, you are responsible for compliance with local laws.