Legal

 

C Spire Terms of Use

Last Updated: December 28, 2021
 

ACCEPTANCE OF THE TERMS OF USE

Access to C Spire's websites (collectively the "Sites"), is given to users ("User" or "you") subject to the Terms of Use stated herein (“Terms of Use” or "Agreement"). The Sites include C Spire’s online communities, other communication tools, related links and downloads, games and/or entertainment, and or other content. Nothing in this Agreement shall be construed to modify any existing written or online agreements, policies or guidelines you may have with C Spire, including, but not limited to the User Guide and Customer Service Agreement.

THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND C SPIRE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND C SPIRE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Please read the Terms of Use carefully before you use the Sites. By accessing, using, downloading, commenting or browsing on or from the Sites, you agree to be bound by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Sites. C Spire reserves the right to amend or modify this Agreement and any modifications to same will be effective from the date of posting of such amendments or modifications on the Sites. By continuing to use the Sites after any modification, you consent to such changes.

In the event you elect to register on the Sites by submitting your name, user name, password and/or email address, you or the parent or legal guardian consenting on your behalf, warrant and represent that you are over the legal age of majority and that you are fully competent to enter into the terms of this Agreement.

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Sites and ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.

You are solely responsible for your use of the Sites and/or the content provided by you or accessed by you on the Sites, including the consequences of such use, such as the use of content provided by you by third parties. In addition, it is your sole responsibility to ensure the confidentiality of your name, user name, password and/or email address. You further agree to accept responsibility for any actions taken under your name, user name, password and/or email address, and you understand that C Spire may use or rely upon any action taken under your name, user name, password and/or email address. C Spire shall not be liable to you or any third party for any actions arising out of or resulting from any unauthorized use of your name, user name, password and/or email address, or any action or failure to act by C Spire under this provision.
 

RELIANCE ON INFORMATION POSTED

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

C Spire is under no obligation to monitor the content of the Sites or any other information transmitted to the Sites. C Spire does not guarantee, endorse or advocate the statements, personal views or the content of any content uploaded by its users, regardless of the originator of such content. Moreover, C Spire will assume no responsibility for any content on the Sites that may be considered to violate applicable trademark and copyright laws; lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal or otherwise inappropriate or objectionable comments, postings, materials or other content; to violate any applicable state or federal laws, or that a third party could otherwise rely upon to their detriment. Nevertheless, C Spire reserves the right to exercise its sole discretion to: (a) limit or terminate your access or ability to post comments or other content to the Sites, and (b) delete or edit any messages, comments, or other content or materials posted by you for any reason or no reason at all. C Spire shall not be responsible for any delay or failure to remove or otherwise edit materials posted by users to the Sites. Further, C Spire reserves the right to take any action it deems necessary, in its sole judgment and discretion, to enforce this Agreement or any other agreement you may have with C Spire. You agree and understand that you shall bear the risk of any content supplied by you and that C Spire shall not be liable or otherwise responsible for same.

You grant C Spire a royalty-free license and right to use, modify, adapt, reproduce, republish, distribute, or display any information, including, but not limited to, content, comments, postings, materials, ideas, tips, or suggestions provided by you, whether by email, comment or post, in its sole discretion and without compensation to you. You further grant C Spire the right to use your name in connection with such above-described uses. You agree that this license includes the right for C Spire to make any such content available to other third parties for their broadcast, publication, distribution or use.
 

INFORMATION ABOUT YOU

The Privacy Policy at cspire.com/privacypolicy details C Spire's use and collection of information from you in connection with the use of our Sites. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
 

USE OF THE SITES

You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Sites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Sites.
• Send emails or other communications with certain content, or links to certain content, on the Sites.
• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
 

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Sites:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate C Spire, a C Spire employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To make or use lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal, deceptive, fraudulent or otherwise inappropriate or objectionable comments, postings, materials or other content;
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm C Spire or users of the Sites, or expose them to liability.

Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sites.
   

INTELLECTUAL PROPERTY RIGHTS

The Sites, and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by C Spire, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from the Sites.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.

You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites without our explicit permission.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites are transferred to you, and C Spire reserves all rights not expressly granted. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
 

TRADEMARKS

The company name, the company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of C Spire or its affiliates or licensors. You must not use such marks without the prior written permission of C Spire. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
 

NOTICE AND TAKEDOWN

It is the policy of C Spire to expeditiously respond to clear notices of alleged copyright infringement. It is expected that all users of any part of the Sites, will comply with applicable copyright laws. If, however, C Spire receives proper notification of claimed copyright infringement, the response to such notices will include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating the user's account, regardless of whether C Spire may be liable for such infringement under United States laws, state or local laws, or the laws of another jurisdiction.

If C Spire removes or disables access in response to such a notice, C Spire will make a good-faith attempt to contact the owner of the affected content so that a counter notification pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act (“DMCA”) may be made. C Spire may also document notices of alleged infringement on which it acts.

Upon receipt of proper notification of claimed infringement, C Spire will follow the procedures outlined herein and in the DMCA.

C Spire has designated the following agent to receive notifications of claimed infringement at the address set forth below:

Designated Agent: DMCA Compliance Manager
Cellular South, Inc.
1018 Highland Colony Parkway, Suite 700
Ridgeland, Mississippi 39157
Phone: 601-487-5232
E-mail: [email protected]

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to C :Spire, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with C Spire's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

In accordance with Section 512(i)(1)(a) of the DMCA, C Spire will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
 

DISCLAIMER OF WARRANTIES

THE SITES ARE PROVIDED TO YOU "AS IS." C SPIRE DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SITES AND ANY MATERIAL OR CONTENT UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU, INCLUDING THE APPS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. C SPIRE FURTHER DISCLAIMS ANY WARRANTIES CONCERNING WHETHER THE SITES OR APPS OPERATE PROPERLY OR IN CONJUNCTION WITH YOUR DEVICE AND/OR ANY HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE. C SPIRE FURTHER DISCLAIMS ANY WARRANTY THAT THE SITES OR APPS WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
 

LIMITATION OF LIABILITY

C SPIRE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF THE SITES, CONTENT ON THE SITES OR ACCESSIBLE THROUGH THE SITES, THE APPS, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER C SPIRE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY C :SPIRE'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless C Spire, its shareholders, and each of their employees, directors, officers, agents, business partners, subsidiaries, affiliates, contractors, and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising out of, or related to, any breach by you of any term of this Agreement or applicable law, your use of the Sites and/or your downloading or use of any App, including, but not limited to, due to any posting of comments, materials or other content by you.
 

ARBITRATION

This paragraph describes how any disputes between YOU and US will be resolved. YOU AND C SPIRE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES RELATED IN ANY WAY TO OR CONCERNING THIS AGREEMENT OR OUR PRIVACY POLICY WILL BE RESOLVED BY BINDING ARBITRATION OR IN A COURT HAVING EXCLUSIVE JURISDICTION OVER CLAIMS FOR LESS THAN $3,500 (“Small Claims Court”). This Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MAY AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT. To begin arbitration, YOU must send a letter requesting arbitration and describing your claim to OUR registered agent. The American Arbitration Association ("AAA") will arbitrate all disputes in accordance with the procedures contained in its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA rules are available at www.adr.org. Claims shall be heard by a single arbitrator who will be administratively appointed by the AAA from its National Roster of Arbitrators. The arbitration shall be conducted at a location within the greater metropolitan area of Jackson, Mississippi. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The award of the arbitrator shall be accompanied by a reasoned opinion.
 

CLASS ACTION WAIVER

You agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action.
 

JURY TRIAL WAIVER

If a claim proceeds in court rather than through arbitration, you waive any right to a jury trial, unless otherwise prohibited by law.
 

GEOGRAPHIC RESTRICTIONS

The owner of the Sites is based in the State of Mississippi in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
 

GOVERNING LAW AND JURISDICTION

This Agreement and your use of the Sites shall be governed by and construed in accordance with the substantive laws of the State of Mississippi, without regard to the principles of conflicts of law thereof.
 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 

WAIVER AND SEVERABILITY

No waiver by C Spire of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of C Spire to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
 

YOUR COMMENTS AND CONCERNS

The Sites are operated by C Spire located at 1018 Highland Colony Parkway, Suite 300, Ridgeland, MS 39157.

All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: [email protected].