Terms of Use

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE WWW.VIAWEST.NET WEB SITE OR ANY OTHER WEB SITE MAINTAINED BY VIAWEST OR ITS AFFILIATES ("SITE"). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

Copyright

The entire contents of this Site are protected by the United States copyright laws. ViaWest, Inc. ("ViaWest") is the owner of the copyright. ViaWest authorizes you to view and to use the materials at this Site only for your personal, non-commercial use, provided that you retain this copyright notice on any copies of the materials that you use. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute, or otherwise use the materials for any public or commercial purpose. For the purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.

Trademark

The names, logos, and taglines identifying ViaWest and its products and services, including, without limitation, "ViaWest," "AtomicServers," and "Better Business Internet Services," are proprietary marks of ViaWest, Inc. or its affiliates. All other trademarks and service marks are the property of their respective owners.

Material Submitted to ViaWest

Except as otherwise set forth in ViaWest's Privacy Policy posted on this Site, any materials, information, or other communication that you transmit or post to this Site ("Communication") will be considered non-confidential and non-proprietary, and ViaWest and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Links to Other Websites

Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. ViaWest has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. ViaWest does not endorse or make any representations about these third party sites, or any advertising, information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Links to ViaWest's Website

With permission from ViaWest by sending an e-mail request to marketing@viawest.com, you may create a hypertext link to this Site from your web site provided that the page containing the link properly attributes the linked site to ViaWest. Neither your site nor your link to this Site (a) shall imply ViaWest's sponsorship or endorsement of your site or the products, services, or materials promoted or set forth on your site; (b) shall contain republished, redistributed, or copied materials from this Site, including by framing or other means; or (c) shall misrepresent the relationship with ViaWest or contain any false, misleading, or derogatory information about ViaWest or its products or services.

Content and Liability Disclaimer

THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ViaWest further does not warrant the accuracy and completeness of the materials or services at this Site. The information and services at this Site may be out of date, and ViaWest makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs, or services that are not available in your area.

Limitation of Liability

IN NO EVENT WILL VIAWEST, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY.

Governing Law / Dispute Resolution

Any claims arising out of the use of this Site shall be resolved by binding arbitration in Denver, Colorado in accordance with the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Colorado, United States of America (other than conflict of law rules).

Modifications

ViaWest may make revisions to the materials at this Site, or to the products, services, and prices described herein, at any time without notice. By using this Site, you agree to be bound by any such revisions and therefore should visit this Site periodically to determine the then-current Terms by which you are bound.