APPROPRIATE USE POLICY

Our Appropriate Use Policy ("AUP" or "Agreement") is designed to help protect our customers and the Internet community from irresponsible or illegal activities. This AUP constitutes a binding legal contract between you and Grande Communications Holdings, Inc. and its subsidiary, Grande Communications Networks, Inc. (collectively, "Grande Communications"), the owner and operator of the websites located at www.grandecom.com and www.grandecom.net (collectively, the "Site") and the provider of cable, phone, internet, or security monitoring services ("Services"). In addition to the terms and conditions contained in your Services Agreement, the following AUP will govern the use of the Site and the Grande Communications network and services. This Agreement must be completed, understood and agreed to by a person over 18. If you are under 18, you may access this Site and/or purchase Services only with the involvement of a parent or guardian. Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time.

You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE GRANDE CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.

Grande Communications takes the issue of privacy on the Internet very seriously. To view our Privacy Statement, click here.

The following links are made available to help you find what you are looking for in our AUP:

Common sense and judgment are a necessary part of any system of rules and this AUP is no exception. Of course, flagrant or repeated violations of the AUP are viewed in a very different light than minor infractions. Grande Communications considers net-abuse an action that undermines the ability of the Internet to serve as a discussion medium. In addition, net-abuse may be a violation of state or federal law, or the laws of other countries. Protection of our customers and our resources, the ability to provide quality service to our customers, conformance with existing law, and the protection of our reputation as a service provider are all contributing factors to decisions on AUP violations. It is our intention to allow Grande Communications customers access to everything the Internet has to offer with minimal or no interference. Grande Communications does not routinely monitor the activity of accounts except for measurements of system utilization and billing records. However, in our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of a Grande Communications service, we will respond. If a Grande Communications account is used to violate the AUP, we reserve the right to terminate service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and take the corrective action necessary. However, certain violations of the AUP may result in immediate termination of service and may also result in a report being made to law enforcement personnel. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements determined by Grande Communications.

Ordering Products and Services

You may order certain Grande Communications products and services through this Site. All orders you make through this Site are subject to the availability, terms, and other conditions that apply to the Services at the time you place your order. All Services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any Services that you order through this Site.

General Acceptable Use

Your use of the Site and the Grande Communications network and services must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site or the Services to:

upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or harasses or advocates harassment of another person, or promotes information that you know is false, misleading, or promotes illegal activities;

impersonate any person or entity, including, but not limited to, a Grande Communications representative or governmental official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, network, hardware, or telecommunications equipment;

falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of any material uploaded to the Site;

solicit passwords or personal identifying information for commercial, unauthorized, or unlawful purposes from other users;

harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material;

breach or attempt to breach the security of another user or attempt to gain access to any organization or person's computer, software, or data without the knowledge and consent of such person; attempt to circumvent the user authentication or security of any host, network, or account; or to use or distribute tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools;

to interfere with computer networking or telecommunications services to any user, host, or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges, or attempts to 'crash' a host; or

do any other act which is otherwise inappropriate for the Site, in Grande Communications' sole judgment.

The foregoing general policy is elaborated upon below.

Customer Responsibility For Activity on the Grande Communications Network

Activity on the network supplied to a customer by Grande Communications is the responsibility of that customer, ethically and legally, regardless of whether the activity was performed with the knowledge and/or permission of the customer. Thus, customers should make every effort to both physically and logically secure networks and physical premises from unauthorized usage, especially in the case of wireless access points. Customers should also be aware that if sharing access either by divulging dialup authentication information to third parties, or by allowing wireless or Ethernet devices to become part of their networks, they are responsible for any and all abusive activities performed by external parties.

Inappropriate Content

There is content on the Internet, or otherwise available through the Services, which some may find offensive or disturbing. It is possible to obtain access to content which is pornographic or offensive. Neither Grande Communications nor any of its content distributors can assume any responsibility for the content contained on the Internet or otherwise available through the Service. You must assume the risk of accessing content through the Services and neither Grande Communications nor any of its distribution affiliates shall have any liability for any claims, losses, damages, suits, or proceedings arising out of, or otherwise related to, access to such content. You are solely responsible for any information which you publish on the Web or other Internet Services. You must ensure that the receipt of the content is appropriate and that you have the legal right to provide such content whether through your website or through other file sharing participation. You must take appropriate precautions to prevent minors from viewing inappropriate content. Grande Communications reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, infringing, or otherwise inappropriate, regardless of whether such material is unlawful. Grande Communications has no obligation to monitor transmissions made on the Services. Grande Communications does, however, have the right to monitor transmissions at any time.

Email

Commercial email: Sending, uploading, posting, or otherwise transmitting unsolicited email or content is prohibited (i.e. 'junk mail,' 'chain letters' or unsolicited mass mailing, 'spamming' or "mail bombing"). Using a Grande Communications email or website address to collect responses from unsolicited commercial email is prohibited. This includes but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have explicitly requested them. The Services may not be used to collect email addresses for the purposes of sending unsolicited email in violation of this policy or the acceptable use policy of any other Internet Service Provider. In addition, unsolicited email may not direct the recipient to any website or other resource that uses the Services.

Impersonation: You may not reference Grande Communications in the header or body of an unsolicited email, or list an IP address that belongs to the Grande Communications network in any unsolicited email. Further, you may not take any action which implies that Grande Communications is the sponsor of any unsolicited email even if that email is not sent through the Grande Communications network. Further, forging, altering, or removing email headers is prohibited.

Harassment: Sending threatening or harassing email is prohibited. If after being requested to stop, a Grande Communications user persists in emailing another Internet user, Grande Communications may intervene. Extremely threatening or harassing email is always prohibited.

Web Space

As part of the Services, Grande Communications provides storage space and access for Web pages through its personal Web hosting services. You are solely responsible for any information you publish within this personal storage space. All content published within this space must honor all aspects of the inappropriate content clause of this AUP.

Newsgroups

Messages posted to newsgroups must comply with the written charters of FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose characters of FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Posting or cross-posting the same or substantially similar messages to more than seven newsgroups is prohibited. Do not post binary files to USENET groups not specifically named for such purpose, namely the *.binaries and *.pictures hierarchies. Many newsreaders offer filtering capabilities that will bring certain messages to your attention or skip over them all together (kill files). You may not forge or remove header information. This includes attempts, whether successful or unsuccessful, to circumvent the approval process for posting to moderated groups or the issuance of news control messages. Grande Communications may cancel such articles. You may not cancel messages other than your own. You may cancel posts forged in your name.

Internet Relay Chat (IRC)

The Services may be used to participate in 'chat' discussions. Grande Communications has no obligation to monitor the contents of these discussions and is not liable for or responsible in any way for the contents of any communications made via internet chat. The Services may not be used to send messages that disrupt another user's equipment, including software, hardware, and user display. The Services may not be used to 'flood' a chat room or to perform acts of 'flooding' of chat services. Flooding is the deliberate act of repeating text-generating actions in quick succession in order to prevent other service users from utilizing the chat service. The use of IRC 'Bots' is prohibited, as is the violation of any accepted policies on IRC servers. If Grande Communications is banned from a server because of your actions or through your account, your Services will be discontinued or terminated. Any computer or other device connected to the services may not maintain more than three simultaneous chat connections. This includes the use of automated programs, such as 'bot' or 'clones.' The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to disconnect or harass other internet users, or to gain unauthorized access to network resources. A customer may not use the Services to connect to chat servers or channels from which they have previously been banned.

No Resale of Services

Reselling any Grande Communications service without the express written consent from Grande Communications, or offering any public information service through the Grande Communications network, such as running a Web server or FTP server, is prohibited.

Network, Bandwidth, Data Storage, Disk Utilization and Other Limitations

Grande Communications may provide versions of our Services with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user's use of the Service, nor represent (in the sole judgment of Grande Communications) an overly large burden on the network. In addition, you shall ensure that your use of a Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede Grande Communications’ ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.

In an effort to make sure all subscribers receive the best service possible, Grande Communications reserves the right to set limits on bandwidth and disk utilization. The total number of bytes transferred from an account's Web and FTP space determines bandwidth utilization. The total number of bytes required to store an account's Web, FTP, and Mail data determines disk utilization. Certain uses such as running programs, equipment, or servers from a subscribers location that provide network content or any other services to anyone outside of a subscriber’s LAN (Local Area Network), also commonly referred to as public services or servers, and certain types of peer to peer traffic can result in the use of excessive bandwidth and disk utilization. Examples of services and servers we may prohibit include, but are not limited to, e-mail, Web hosting, file sharing, and proxy services and servers.

You further agree to comply with all Grande Communications network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using our Service does not exceed the limitations that are now in effect or may be established in the future. If your use of our Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Agreement. In such cases, Grande Communications may, in its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels.

If excessive bandwidth or disk space utilization is determined to adversely affect Grande Communications' ability to provide service, immediate action will be taken. The account owner will be notified by email as soon as practicable.

Line of Service Demarcation

Grande Communications will provide technical support for one modem and one computer connection to the Services offered over the Grande Communications network. Grande Communications or any member of its technical support team does not support any additional internal networking within the customer's premise, regardless of who installed it. Grande Communications is not responsible for supporting and sharing networking printer devices or other shared resources at the customer's home or business.

Information Updates

Materials contained on this Site are dated as of the date originally issued or posted and may no longer be accurate. While Grande Communications tries to post information to this Site that is both timely and accurate, errors may appear from time to time and certain information may not be the most current information available. While follow-up information and reports may be posted, the Site may continue to provide access to the original information and reports, as in an archive of press releases, for example, and Grande Communications may not change the original report to reflect the new developments. Individuals looking for the most recent information should be sure that they are not accessing an outdated report. Before acting on information found on the Site, facts that are important to a decision should be independently confirmed. Grande Communications assumes no obligation to update any materials.

Intellectual Property Rights of Grande Communications

The Site and certain aspects of the Services are protected by copyright, trademark, trade dress, and other intellectual property rights.

Grande Communications grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Site on a single computer provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from (except and solely to the extent required to be permitted by law), reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software or other intellectual property included on the Site.

Grande Communications, the Grande Communications logo, For You For The World logo, Visual Voice Velocity logo, GrandeCom.com, GrandeCom.net, Texas Triple Play, Advantex Communications, Where Values Count, ClearSource, GForce, Grandevision, and other trademarks, service marks, logos, product names, and service names (collectively, the 'Marks') are owned or licensed by Grande Communications Networks, Inc. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of Grande Communications.

The entire Site and all object code and source code associated therewith, are copyright 2000 - 2008, Grande Communications Networks, Inc. All rights reserved. The arrangement and compilation of all content on the Site are the exclusive property of Grande Communications and are protected by U.S. and international copyright laws. All software used on the Site or in conjunction with the provision of the Services is the property of Grande Communications or its software licensors or suppliers and is protected by United States and international copyright laws.

You may not utilize the Site’s design or layout. Page headers, custom graphics, button icons, scripts, and other elements of the Site are service marks, trademarks, and/or trade dress of Grande Communications and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Grande Communications.

No part of the Site or the Services may be reproduced, used, or appropriated in any manner for any purpose without the express written consent of the owner.

Third Party Intellectual Property Rights

Grande Communications respects the intellectual property of authors and creators of visual images and we ask our customers to do the same.

Copyright law protects literary works, visual arts, performing arts, and sound recordings. For example, a copyright exists in nearly all images (even ordinary family photos), artwork, music recordings, movies, and television programming. In general, the copyright is owned by the person who took the photograph or provided the performance. A copyright in an image need not be registered as it exists as an ownership right as soon as the image is created or the performance is recorded. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. It is generally illegal to copy, print, or digitally reproduce photographs, music, or film and video taken by others without their permission. Federal law provides both civil and criminal penalties for violation of a copyright. Grande Communications and its customers are each subject to the copyright laws.

You represent and warrant that you possess all necessary rights to use the content that you submit to Grande Communications, transmit using our Services, or post to websites hosted by us and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us, our vendors, suppliers, and affiliates harmless from and against any and all claims arising out of, or relating to, any content that you submit to us. By submitting content, you automatically grant, or warrant, that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

If you have any questions as to what is legal that Grande Communications cannot resolve, you should consult a lawyer who specializes in copyrights.

Notification of Infringement:

Grande Communications respects the rights of all copyright holders and, in this regard, Grande Communications has adopted and implemented a policy that provides for the termination of services or access in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Grande Communications' Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notifications that your copyrighted material may have been infringed or to make any claims under the DMCA, written notification must be submitted to the following:

Service Provider: Grande Communications Networks, Inc.

Name of Agent Designated to Receive
Notification of Claims Infringement: Gina Fuentes

Full Address of Designated Agent to
Which Notification Should be Sent: 401 Carlson Circle
San Marcos, TX 78666

Telephone Number of Designated Agent: (512) 878-4800

Facsimile Number of Designated Agent: (512) 878-4287

Email Address of Designated Agent:

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

Counter Notification: If a notice of copyright infringement has been filed against you, you may file a Counter Notification with our Designated Agent. In order to be effective, a Counter Notification must be written and include substantially the following:

  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the subscriber has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person;

Upon receipt of a Counter Notification containing the information as outlined above, Grande Communications shall:

  • Promptly provide the complaining party with a copy of the Counter Notification;
  • Replace the removed material or cease disabling access to the material within 10 to 14 business days following receipt of the Counter Notification, unless the Designated Agent first receives notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringing party from engaging in infringing activity relating to the material on Grande Communications' system or network.

NOTE: Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. See 17 U.S.C. § 512(d).

NOTE: The information on this page is provided to you for informational purposes only, and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.

Links to Other Sites; Framing the Site

The Site may contain links to third party websites. Such third party websites are not under the control of Grande Communications. Please note that Grande Communications is not responsible for the accuracy or content of websites of other providers that may have links from the Site. Accordingly, Grande Communications can neither make a representation concerning the content of these sites to you nor can the fact that Grande Communications has provided this link serve as an endorsement by Grande Communications of this or any other website. In creating hypertext links to any other website, Grande Communications is not recommending that website or giving any assurances as to its standing. Grande Communications is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Grande Communications makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites, or the contents of the outside sites. If you decide to access linked third party sites, you do so at your own risk

You may not frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Sites, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on a page) of Grande Communications or its affiliates the without prior express written consent of Grande Communications.

Comments and Submissions

Grande Communications appreciates your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit directly to us (collectively, 'Your Comments'). Grande Communications is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of Grande Communications upon receipt, which means that Grande Communications shall own all right, title, and interest in and to Your Comments.

Users of the Site may be able to make certain comments, reviews, submissions, and messages that are publicly-accessible on the Site (collectively, 'Public Postings'). When you submit Public Postings, you grant Grande Communications, and all others who access the Public Postings, the worldwide, royalty free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Public Postings (in whole or part) worldwide, and/or to incorporate them in other works in any form, media, or technology now known or later developed.

Grande Communications has no obligation to monitor postings, however, you acknowledge that Grande Communications has the right (but not the obligation) in its sole discretion to refuse, delete, or move any Public Posting that is available on the Site. In particular, but without limitation, Grande Communications shall have the right to remove any Public Posting that violates this Agreement, applicable law, or is otherwise objectionable.

You understand that if you include your email address in any Public Posting to the Site, then you may receive unsolicited emails for which Grande Communications bears no responsibility.

If you find any material on the Site that you believe to be inaccurate, we encourage you to bring it to our attention. Please forward a copy of the material, the page address and an explanation of your objection to the material via email.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPLETELY HARMLESS GRANDE COMMUNICATIONS AND ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF GRANDE COMMUNICATIONS, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THE SITE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US, OUR SUBSIDIARIES OR AFFILIATES, AND OUR OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR NEGLIGENCE, BREACH OF THIS AGREEMENT, MISUSE OF THE SERVICES, OR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR DUE TO OR ARISING OUT OF YOUR USE OF THE SITE.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT :

  • YOUR USE OF THE SITE AND, SUBJECT TO THE TERMS OF YOUR SERVICES AGREEMENT, THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. GRANDE COMMUNICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR NETWORK, OUR EFFORTS, THE SITE, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
  • GRANDE COMMUNICATIONS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
  • GRANDE COMMUNICATIONS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

GRANDE COMMUNICATIONS MAKES NO WARRANTY THAT:

  • YOUR USE OF THE SITE OR, SUBJECT TO THE TERMS OF YOUR SERVICES AGREEMENT, THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR, SUBJECT TO THE TERMS OF YOUR SERVICES AGREEMENT, THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRANDE COMMUNICATIONS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT OR IN THE SERVICES AGREEMENT APPLICABLE TO SERVICES YOU HAVE PURCHASED. YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ALL FILES THAT ARE DOWNLOADED FROM THE SITE.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitations and Exclusions of Liability

GRANDE COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO ARE REGISTERED ON OR USE THE SITE OR OUR SERVICES. IN NO EVENT SHALL GRANDE COMMUNICATIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRANDE COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GRANDE COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SITE OR SERVICES;
  • ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR UTILIZING OUR SERVICES; OR
  • ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED ON THE SITE, OR WITH THE SERVICES, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, GRANDE COMMUNICATIONS' LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST GRANDE COMMUNICATIONS ARISING OUT OF THE USE OF THE SITE.

GRANDE COMMUNICATIONS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THE SITE. YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE OR SERVICES ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.

Modification

Because of the dynamic nature of the internet environment, Grande Communications may update, revise, supplement, modify, or amend this Agreement at any time. Any update, revision, supplementation, modification, or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplementations, modifications, or amendments.

Entire Agreement; Interpretation

This Agreement constitutes the entire agreement between you and Grande Communications with respect to your use of the Site. In addition to the terms and conditions contained herein, your purchase of Services is subject to the terms of the applicable Services Agreement. In the case of a conflict between this Agreement and the terms of a Services Agreement in relation to your use of any Service, the terms of the Services Agreement shall control.

There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site or Services except as set forth in this Agreement (or the Services Agreement, if applicable), and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.

The terms herein as they relate to any services or merchandise made available on the Site are supplemented by our Privacy Statement. To view our Privacy Statement, click here.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable, or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect. To the extent that a provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction and cannot be reformed such provision shall be severed from this Agreement and all remaining provisions shall continue to have their full force and effect.

Governing Law and Venue

This Agreement, the entire relationship between you and Grande Communications, and any litigation or other legal proceeding between you and Grande Communications (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

This contract is fully performable in Austin, Texas. Any litigation arising between the parties shall be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Term; Termination

This Agreement will remain in full force and effect while you use the Site or receive Services.

Grande Communications may terminate your right to use the Site, with or without cause at any time, in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. Additionally, Grande Communications may terminate your use of the Services for violation of this Agreement and as provided in the applicable Services Agreement. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. Untimely payment of any and all amounts due to Grande Communications may also result in account cancellation.

If a Service is disconnected, whether voluntarily or by termination, all user names and associated electronic email addresses may be immediately released for reuse. Upon disconnection, any mailbox contents may be immediately deleted or held in a locked state. Grande Communications is not responsible for the forwarding of email sent to any account, that has been suspended or terminated. Addresses and email may be held until Grande Communications deletes them as part of its normal policies and procedures. There is no obligation for Grande Communications to retain or make any user name, email address, or stored email retrievable once the Service is disconnected.

Waiver

The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Electronic Communications

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures, and other communications that we provide to you by email satisfy all legal requirement that such communications be in writing. If you have other questions about how we might use your email address please click here and review Your Privacy Rights.

Contact Information

If you have a comment, question or request, or if you need to contact Grande Communications for any other reason, please click here.

This Acceptable Use Policy was last updated on February 5, 2008.

Grande Communications