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TERMS AND CONDITIONS OF USE
The Hey-Ya! network of web sites (collectively, the "Hey-Ya! Web
Sites") operated by Hey-Ya! Internet Services and/or its affiliates
and/or its subsidiaries ("Hey-Ya! Dialup"), is comprised
of various web sites and web pages. The Hey-Ya! Web Sites are offered
to you conditioned upon your acceptance without modification of the terms,
conditions, and notices contained herein.
PLEASE READ THE FOLLOWING TERMS OF USE AND ALL DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE.
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all of the terms, conditions, and
notices contained or referenced herein the ("Terms of Use"). If you do not agree
to these Terms of Use please do not use this site. We reserve the right, at our
discretion, to update or revise these Terms of Use at any time.
MODIFICATION OF TERMS OF USE
Hey-Ya! Dialup reserves the right to change the terms, conditions, and
notices under which the Hey-Ya! Web Sites are offered, including but not limited
to the charges associated with the use of Hey-Ya! Dialup internet service. Hey-Ya!
Dialup may revise these Terms of Use at any time by updating this posting.
You are responsible for regularly reviewing these terms and conditions. Your continued
use of this site following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by Hey-Ya! Dialup's Rules of User Conduct, including but not
limited to, agreeing not to use this site for any unlawful purpose. A copy of the
Rules of Conduct, which you should review, can be found here.
THIRD PARTY SITES
In an attempt to provide increased value to our visitors, this Site may
contain links to other sites on the Internet that are owned and operated
by third party vendors and other third parties (the "External
Sites"). However, even if the third party is affiliated with
Hey-Ya! Dialup, Hey-Ya! Dialup has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of Hey-Ya! Dialup.
Hey-Ya! Dailup has no responsibility or liability for
these independent policies or actions and is not responsible for the
privacy practices or the content of such web sites. These linked sites
are only for your convenience and therefore you access them at your own
risk. Links do not imply that Hey-Ya! Dialup sponsors,
endorses, is affiliated with or associated with, or has been legally
authorized to use any trademark, trade name, service mark, design, logo,
symbol or other copyrighted materials displayed on or accessible through
such External Sites. Nonetheless, Hey-Ya! Dialup seeks to
protect the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site, but for sites
it links to as well (including if a specific link does not work).You
should contact the Site administrator or Webmaster for those External
Sites if you have any concerns regarding such links or the content
located on such External Sites.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site are
protected by copyrights, trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized by Hey-Ya! Dialup, you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from such materials or
content. Notwithstanding the above, you may print or download one copy of the materials or
content on this site on any single computer for your personal, non-commercial use, provided
you keep intact all copyright and other proprietary notices. Systematic retrieval of data or
other content from this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Hey-Ya! Dialup is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted in these
Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials
or design elements on this site is strictly prohibited without the express written permission of
Hey-Ya! Dialup. Permission is granted only when certain limited criteria are met. For information
on requesting such permission, please click here.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you; grant Hey-Ya! Dialup and its affiliates and
licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed,
and promote the content in any form, anywhere and for any purpose; and warrant and represent that you
own or otherwise control all of the rights to the content and that public posting and use of your content
by Hey-Ya! Dialup will not infringe or violate the rights of any third party.
COPYRIGHTS AND TRADEMARKS
The entire content of this Web Site including, but not limited to, text,
design, graphics, interfaces, or code and the selection and arrangements
thereof is copyrighted as a collective work under the United States and
other copyright laws, and is the property of Hey-Ya! Dialup.
The collective work includes works that are licensed to
Hey-Ya! Dialup. All trademarks, service marks, and trade
names (collectively the "Marks") are trademarks or registered
trademarks of and are proprietary to Hey-Ya! Dialup, or
other respective owners.
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the web site's designated agent.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE.
Hey-Ya! Dialup respects the intellectual property of others, and we
ask our users and visitors to do the same. Hey-Ya! Dialup
will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, Hey-Ya! Dialup
will act to remove or disable access to any material found to be
infringing or found to be the subject of infringing activity and will
act to remove or disable access to any reference or link to material or
activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide Hey-Ya! Dialup the
following information. Please be advised that to be effective, the
Notification must include all of the following:
1. a physical or electronic signature of the person authorized to act on
behalf of the owner of an exclusive copyright that is allegedly
infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other information
reasonably sufficient to permit Hey-Ya! Dialup to contact you;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Mail: Hey-Ya! Internet Services
2164 Cumberland Drive
Green Bay, WI 54311-6316
By Email:
legal@hey-ya.net
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
HEY-YA! DIALUP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER
INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS
ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
DISCLAIMER OF WARRANTIES
Hey-Ya! Dialup makes no warranties or representations about the accuracy or
completeness of this Site's content or the content of any site or External Sites.
Hey-Ya! Dialup does not filter advertisements or other content that children may
view through our sites or "hot-linked" sites, and they could receive
content and materials from the Internet and/or advertising that are inappropriate
for children. We encourage parents and guardians to spend time online with their
children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS
SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEY-YA! DIALUP
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. HEY-YA! DIALUP DOES NOT REPRESENT
OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HEY-YA! DIALUP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE
USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HEY-YA! DIALUP BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,
DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HEY-YA! DIALUP
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE
OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM
THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
Upon a request by Hey-Ya! Dialup, you agree to defend, indemnify, and hold harmless Hey-Ya! dialup,
its officers, directors, employees, agents and its subsidiaries and other affiliated companies,
and their employees, contractors, officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, resulting from any violation of these terms and conditions or any activity
related to your Internet account (including negligent or wrongful conduct), by you or any other person
accessing the Site using your Internet account. Hey-Ya! Dialup reserves the right, at it own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with Hey-Ya! Dialup in asserting any available defenses.
CHOICE OF LAW AND FORUM
Your use of this Site shall be governed in all respects by the laws of the
State of Wisconsin, U.S.A., without regard to choice of law provisions. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this Site (including, but not limited
to, the purchase of Hey-Ya! Dialup's products) shall be in the state or federal
courts located in Brown County, Wisconsin. Any cause of action or claim you may
have with respect to the Site (including but not limited to the purchase of
Hey-Ya! Dialup's products) must be commenced within one (1) year after the
claim or cause of action arises. Hey-Ya! Dialup's failure to insist upon or
enforce strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
Terms of Use. Hey-Ya! Dialup may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Hey-Ya! Dialup makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from territories
where their content is illegal is prohibited. Those who choose to access this
Site from locations outside Wisconsin do so on their own initiative and are
responsible for compliance with applicable local laws. You may not use or export
the materials in violation of U.S. export laws and regulations. Any claim
relating to the materials shall be governed by the internal substantive laws of
the State of Wisconsin.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and Hey-Ya! Dialup with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written or electronic)
between you and Hey-Ya! Dialup with respect to this site. If any part of these Terms
of Use is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect the original intentions of the parties,
and the remaining portions shall remain in full force and effect.
ARBITRATION
By using this Site, you agree that Hey-Ya! Dialup, at its sole discretion, may require
you to submit any disputes arising from the use of this Site, or these Terms of Use
concerning or, including disputes arising from or concerning their interpretation,
violation, nullity, invalidity, non-performance or termination, as well as disputes
about filling gaps in this contract or its adaptation to newly arisen circumstances,
to final and binding arbitration under the International Rules of Arbitration of the
American Arbitration Association, by one or more arbitrators appointed in accordance
with the said Rules. Notwithstanding these rules, however, such proceeding shall be
governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary
damages and shall include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority
to award punitive, consequential or other damages not measured by the prevailing
party's actual damages in any arbitration initiated under this section, except as may
be required by statute.
TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or
completing the subscription process. These terms and conditions, or any of them, may
be modified or terminated by Hey-Ya! Dialup without notice at any time for any reason.
The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation
of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive
any termination.
QUESTIONS OR COMMENTS
Questions regarding the above Terms of Use should be directed to:
By Mail:Hey-Ya! Internet Services
2164 Cumberland Drive
Green Bay, WI 54311-6316
By Email:
legal@hey-ya.net
Last updated: January 1, 2004
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