Terms and Conditions
These terms of use (this "Agreement") govern your use of the public portions of the Idaho Falls Fiber (IFF) website. BY USING THE PUBLIC PORTIONS OF THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These terms of use (this "Agreement") govern your use of the public portions of the Idaho Falls Fiber (IFF) website. BY USING THE PUBLIC PORTIONS OF THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. We hereby grant you a nonexclusive, nontransferable license to access, view the Website and the content featured or displayed on the Website including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Content") for personal, noncommercial use. You agree to comply with all applicable laws and regulations with respect to use of the Website and the Content. This license only grants to you the right to use the Website and the Content, and you do not acquire any right of ownership or title in it. All of the Content featured or displayed on the Website is owned by us, our licensors, vendors, agents and/or our Content providers. Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, you are authorized to view, play, print, download Content found on our Website authored by us for personal, informational, and noncommercial purposes only. For any other Content, you are responsible for obtaining permission of the copyright holder before reusing any copyrighted material that is available on the Website. The Website, their Content and all related rights shall remain the exclusive property of us or our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
2. Restrictions. Your right to use the Website and Content is personal to you. You may not: (a) use, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Website or the Content except as permitted by this Agreement; (b) modify, reverse engineer, decompile or disassemble any part or all of the Website or Content; (c) create or attempt to create derivative works based on or of the Website or the Content, in whole or in part; (d) use data mining, robots, or similar data gathering and extraction tools on the Website; or (e) use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (ii) bypass any measures we may use to prevent or restrict access to the Website. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Since we do not want to receive information owned by someone other than you, you also agree not to send or upload to the Website any information not required or permitted by us, and any information you do send or upload must be owned by you or in the public domain.
3. Third Party Links. From time to time, the Website may contain links to websites that neither we nor our affiliates own, operate or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we, nor any of our respective affiliates endorse, guarantee or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from any other website, or the results that you may obtain from using any other website. If you decide to access any other website linked to or from these Website, you do so entirely at your own risk.
4. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
5. Indemnification. You shall indemnify us, our Board, officers, employees, agents, Content providers, licensors and vendors against, and hold harmless from, any and all lawsuits, claims, expenses, costs (including reasonable attorneys’ fees and court costs), settlements, damages, judgments and the like arising from or in connection with (a) your use of the Website and/or the Content, including but not limited to information you send or upload to the Website; (b) your violation of any term of this Agreement; or (c) your violation of any law, rule or regulation of the United States or any other country.
6. Injunctive relief. You agree that, if you breach or threaten to breach this Agreement in any manner, we may suffer irreparable damage, money damages will be inadequate, and we shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure a breach and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies we may have in law or equity, or under this Agreement, for the enforcement of this Agreement.
7. Warranty disclaimer. We and our website contributors, if any, make no representations or warranties about the website or the content, including without limitation, that the website and the content will meet your requirements; the website and the content, including without limitation its operation, or the services will be complete, accurate, uninterrupted, secure, or error-free; or that the website and its content will function properly in combination with your equipment. The information, content and information provided on or through the website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property.
8. Limitation of liability. We do not assume any responsibility, and will not be liable, for any damages to, or viruses, worms, trojan horses or other code that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to or use of the website or download of content from the website. In no event shall we or our website contributors be liable for direct, indirect, special, incidental, punitive or consequential damages, including but not limited to, losses resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data, arising out of the use, inability to use, or the results of use of the website, any website linked to the website, or the materials, information or services contained on any or all such website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, whether in an action for contract, tort (including negligence) or otherwise, even if we or our website contributors have been advised of the possibility of such damages.
In addition, actions or inactions of third parties may result in situations in which your internet connection, use of the website, the content or other information may be impaired, disrupted or damaged. We do not and cannot control the flow of data to or from the internet, and so disclaim any and all liability resulting from or related to such actions or inactions.
In the event of any problem with the website or any content, you agree that your sole remedy is to cease using the website. In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed one hundred dollars (us $100.00). Our obligations and your rights and remedies set forth in this agreement are exclusive and are given in substitution for all other warranties, obligations, and liabilities of us under this agreement.
9. Right to Takedown Content. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this Agreement access to the Website.
10. Representations and Warranties. You represent that you are over the age of 18, or possess legal parental or guardian consent, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and that you have read, understood, agree with, and will abide by the terms of this agreement. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. Furthermore, you will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:(a) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 4; (b) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) you have read, understood, agree with, and will abide by this Agreement; (d) the User Submission and our use thereof as contemplated by this Agreement and the Website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (e) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (f) the User Submission does not contain: (i) material falsehoods or misrepresentations that could harm us or any third party; (ii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iii) advertisements or solicitations of business; or (iv) impersonations of third parties, other than those which are readily apparent.
11. Changed terms. We reserve the right to modify or amend the terms of this Agreement from time to time without notice. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.
12. Term and termination. The terms and conditions of this Agreement apply upon your first use of any of the Website and will continue in force as may be modified by us from time to time until terminated by us. We may suspend or terminate this Agreement immediately without cause at any time. Upon termination, you will make no further use of the Website or the Content. You agree that we shall not be liable to you or any third party for any termination of your access to the Website. All rights and obligations that should by their nature survive will survive any termination of this Agreement.
13. Force Majeure. We will not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
14. No third party beneficiaries. Nothing express or implied in these terms and conditions is intended to confer, nor shall confer, upon any person or entity other than you and us (and our successors or assigns) any rights, remedies, obligations or liabilities whatsoever.
15. Governing law. These terms and conditions shall be governed by Idaho law excluding its conflicts of laws rules. The exclusive venue for any action between you and us shall be in the state courts for Bonneville County, Idaho or the federal courts for the District of Idaho and you hereby consent to such jurisdiction.
16. Conflicting terms. To the extent these terms and conditions conflict or are inconsistent in any way with any other agreement(s) between you and us (including without limitation the terms and conditions applicable to the restricted portion of the Website and or the Content or the Online Bill Pay Terms and Conditions), then the terms of such other agreement(s) and not these terms and conditions shall govern.
17. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by our Privacy Policy which is incorporated into and is a part of this Agreement.
18. Entire Agreement. This Agreement, including the Privacy Policy, is the entire agreement between the user and Idaho Falls Fiber and supersedes any prior understandings or agreements (written or oral).
19. Additional Assistance. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at iffibersignups@idahofalls.gov or by phone at (208) 612-8725.
Messaging terms & conditions
General
When you sign your Idaho Falls Fiber RESIDENTIAL FIBER OPTIC SERVICE AGREEMENT, you grant permission to be contacted by Idaho Falls Fiber, regarding the installation process and customer satisfaction. Automated messages seeking feedback may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies. Idaho Falls Fiber sends a customer satisfaction survey the week after installation. A followup customer service survey may be sent six months to year after the installtion. Additional mobile messages may be sent periodically to inform customers of issues impacting the service.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Cancellation and Information
You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. For support regarding our services, email us at iffibersignups@idahofalls.gov.
Privacy
If you have any questions about your data or our privacy practices, please visit our Privacy Policy Page.
Messaging terms changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
