Digital Streets

1. Welcome! Welcome to Digital Streets! Our goal is to provide your community with its own customized network system.

2. Our Rules. For our web site to function at its best, we have certain terms and conditions that govern our site. By clicking on the "I ACCEPT" button at the bottom of this User Agreement, you agree to be bound by the terms and conditions outlined below.

3. Updates and Amendments. We may update and amend this User Agreement at any time by posting the modified version of the User Agreement on this site. The modified version of this User Agreement will automatically become effective with respect to you 10 days after it is first posted on the site. If you would like to receive an e-mail notice that the User Agreement has been updated or amended, please click the appropriate box at the bottom of this page. Your continued use of this site 10 days after the updated and/or amended User Agreement has been posted or at any time after you have received e-mail notice of the updating or amending of the Agreement means you agree to be legally bound by the Agreement as modified. This Agreement was last modified as of January 12, 2001.

4. Eligibility. To access this site, you must be an Authorized User. An Authorized User includes only authorized residents of the community and designated employees of your community property manager. Your property manager is responsible for providing you access to the site. If you are not an Authorized User, you are not authorized to use this site.

5. Privacy. Our privacy policy is incorporated into and made a part of this Agreement.

6. Information; Site Availability. The content on this site is provided primarily by third parties and other users. As a result, we make no warranty or representation with respect to the accuracy, completeness or timeliness of information on the site. Digital Streets may change, suspend or eliminate all or any aspect of this site at any time, including the availability of any product, feature or data, without notice or liability to you.

7. Dealings with Advertisers and Third Parties. Your dealings or correspondence with advertisers or third parties featured on or linked to this site, including the purchase of and payment for goods and services, and any understandings and representations associated with such dealings are solely between you and the advertisers and/or third parties. You agree that Digital Streets is not responsible or liable for any loss incurred by you that results from your dealings with such advertisers or third parties, or the presence of advertisers or third parties on our site.

8. System Integrity. You agree to not use any software, scheme or device to interfere or attempt to interfere with the proper working of the Digital Streets site. You agree to not disclose or share your password with any third parties or use your password for any unauthorized purpose.

9. Copyright and Use of Materials. The information and materials on this web site are protected under United States copyright laws and world wide copyright laws and treaty provisions and are owned by Digital Streets or other third parties. You may download a copy of any of the materials on this site for personal, non-commercial use, provided you do not delete or change any copyright or trademark notice. You must obtain the permission of Digital Streets, and in some cases other third parties, to make any other use of the materials. You may not distribute, transmit, reuse, report or use the content of this site for public or commercial purposes. In no case may you create any kind of hyperlink to or framing of this site without the prior written consent of Digital Streets.

10. Trademarks. "Digital Streets" is a service mark of Digital Streets, Inc. protected under state and federal law.

11. NO WARRANTY. YOU AGREE THAT YOU USE THIS WEB SITE AT YOUR OWN RISK. WE HAVE TAKEN COMMERCIALLY REASONABLE STEPS TO PROVIDE A SECURE AND EFFECTIVE WEB SITE, HOWEVER, WE ARE SOMETIMES AT THE MERCY OF THIRD PARTIES, ACTS OF GOD AND/OR TECHNOLOGY. THEREFORE, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE. FURTHER, WE AND OUR SUPPLIERS PROVIDE THE Digital Streets WEB SITE AND OUR SERVICES AND PRODUCTS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED. OUR SUPPLIERS MAY MAKE SOME EXPRESS WARRANTIES WITH RESPECT TO THEIR PRODUCTS OR SERVICES, AND TO THE EXTENT THOSE EXIST, SUCH SUPPLIERS WILL SEPARATELY PROVIDE THOSE WARRANTIES TO YOU IN WRITING OR NOTE THEM ON THIS SITE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY GOODS OR SERVICES OFFERED OR SOLD THROUGH THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

12. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE OR OUR SUPPLIERS (OR ANY OF OUR SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES OF THE FOREGOING) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR THE PURCHASE OF GOODS OR SERVICES THROUGH THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR OUR SUPPLIERS (OR ANY OF OUR SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS OR EMPLOYEES OF THE FOREGOING) WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS. YOU AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US (IF ANY) FOR THE GOODS OR SERVICES OUT OF WHICH THE LIABILITY AROSE . TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS AGREEMENT, YOU AGREE THAT YOUR ONLY OTHER REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE. If you are a California resident, you waive California Civil Code § 1592, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor. At the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

13. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and any purchase or sale of goods and/or services through this site.

14. Notices. If you want to send us a notice in relation to this Agreement, you must send it by e-mail to the following address: agreement@digitalstreets.tv We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing.

15. Arbitration. You agree that at any claim or controversy relating to this Agreement or this web site will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in Louisville, Kentucky and that judgment on the arbitration award may be enforced by any court having proper jurisdiction. You agree that the costs of conducting the arbitration will be divided equally between you and Digital Streets. You or Digital Streets may seek interim or preliminary relief from a court for the purpose or protecting your or our rights pending the completion of the arbitration; provided, however, that you agree that any legal proceeding arising out of or in connection with this Agreement or our site will be brought by you or us in the appropriate state or federal court in Louisville, Kentucky.

16. Governing Law. You agree that this Agreement is governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase of products or services through, our site shall be an appropriate federal or state court located in Louisville, Kentucky.

17. Offensive, Libelous or Unlawful Messages; Copyright and Other Restrictions on Use of Service.

(a) No Offensive Content. You agree that you will not use, or allow others to use your account, to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.

(b) No Illegal Material Or Encouragement Of Illegal Behavior. You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.

(c) No Violation Of Copyright, Trademark Or Trade Secret Rights. You agree that you will not use the site to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.

(d) No “Spamming,” Advertisements Or Chain Letters. You agree that you will not use, or allow others to use your account, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes. Except as specifically permitted by this Site, you will not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.

(e) No “Hacking.” You agree that you will not use, or allow others to use your account, to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.

(f) No System Disruption. You may not use, or allow others to use, your account to cause disruption of the normal use of the system by others including without limitation disrupting our backbone network, nodes, or services.

(g) No Impersonation Of Others. You agree that you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.

(h) No “Viruses.” You agree that you will not use, nor allow others to use, your account to intentionally transmit computer “viruses,” or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.

(i) Digital Streets Right to Remove. Digital Streets reserves the right not to post any data or materials to, or to remove any data or materials from, its site, without notice to a User and without liability to Digital Streets. You agree to release Digital Streets from any claims or allegations that may result from such removal. Further, you agree to release Digital Streets from any liability or cost arising out of any action or inaction of any other user of the site that is in violation of law or of this or other agreements with Digital Streets. If you are a California resident, you waive California Civil Code § 1592, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor. At the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”