Terms of Service
Last Updated: July 19, 2023
Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://openisp.org/legal/policies/privacy) (“Privacy Policy”) carefully because they govern your use of the website located at https://openisp.org/ (the “Site”) and the services OpenISP Inc. (“Open”, “Open, Inc.”, “O ISP”, “O ISP, Inc.”, “OpenISP,” “we,” “our,” and “us”) makes accessible via the Site and corresponding mobile application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Platform.” Users who access, download, use, purchase and/or subscribe to our Platform (“You” and “Your”) do so under these Terms. We use “Terms” to mean both this document, the Privacy Policy and the Copyright and IP Policy.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND OPENISP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Agreement to Terms. By using our Platform, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Platform.
About the Platform. We are excited to welcome you to the OpenISP community! You agree to use our services in accordance with applicable laws, rules and regulations and solely for the purpose of internet connectivity (“Purpose”). You agree to provide notice to individuals about your use of their personal data, obtain any necessary consents and respond to requests made by individuals as required by applicable law. You must also agree to safeguard such data from unauthorized access or processing and delete such data once it is no longer necessary for the Purpose or promptly after a request from OpenISP, and you will certify to such deletion.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Platform, for information on how we collect, use and share your information.
Changes to these Terms or the Platform. We may update the Terms from time to time in our sole discretion. If we do, we will provide notice to you, for example by posting the updated Terms on the Site or App or sending you an email. It’s important that you review the Terms whenever we update them. If you continue to use the Platform after we have posted updated Terms, you accept and agree to the changes. If you don’t wish to be bound by the changes, you should stop using the Platform and cancel your account. Because our Platform is evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.
Who May Use the Platform? All persons not otherwise barred from using the Platform under applicable law. Users may set additional eligibility requirements for portions of the Platform that they have the ability to control (e.g., accessibility of services to Subject to your compliance with these Terms, OpenISP hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access the functionality and features we make available to you.
Account Information. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Platform (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Your Content.
Content License from You. Our Platform may allow you to store or share information, material or content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Platform is referred to as “User Content”. OpenISP does not claim any ownership rights in any User Content.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by OpenISP on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
OpenISP’s Intellectual Property. We may make available through the Platform content that is subject to intellectual property rights. We retain all rights to that content.
Third Party Websites, Features or Product. The Platform (including the App) may allow you to access third-party websites or features. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites and features you may be required to comply with the terms of service that apply to those third-party websites or features. Additionally, the Platform may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), including in connection with advertising, as well as references and links to Products. Such Products may be made available by Company or by third parties, and may be made available for any purpose, including general information purposes. While we may receive payment for the display or advertisement of such Products, the availability through the Platform of any listing, description, advertisement or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions, advertisements or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
Rights and Terms for Apps.
App License. If you comply with these Terms, OpenISP grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
Additional Information: Apple App Store. This Section 10(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
General Prohibitions and OpenISP’s Enforcement Rights. You agree not to do any of the following:
Use, display, mirror or frame the Platform or any individual element within the Platform, OpenISP’s name, any OpenISP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OpenISP’s express written consent;
Access, tamper with, or use non-public areas of the Platform, OpenISP’s computer systems, or the technical delivery systems of OpenISP’s providers;
Attempt to probe, scan or test the vulnerability of any OpenISP system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OpenISP or any of OpenISP’s providers or any other third party (including another user) to protect the Platform;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a OpenISP trademark, logo URL or product name without OpenISP’s express written consent;
Use the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
OpenISP is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. OpenISP makes no representations or warranties concerning the conduct or User Content of any users or their interactions you.
DMCA/Copyright Policy. OpenISP respects copyright law and expects its users to do the same. It is OpenISP’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see OpenISP’s Copyright and IP Policy at https://openisp.org/legal/policies/copyright for further information.
Termination. We may modify, suspend or terminate your access to and use of the Platform, including suspending access to or terminating your account, at our sole discretion, if we determine you have violated these Terms, that it is in the interest of our community, or at any time and without notice to you. You may cancel your account at any time by sending us an email at info@openisp.org. Upon any termination, discontinuation or cancellation of the Platform or your account, the following Sections will survive: 7, 8(a), 8(b), and 13 through 20.
Warranty Disclaimers. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PLATFORM.
Indemnity. You will indemnify and hold OpenISP and our officers, directors, agents, employees harmless from and against any, claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”) arising out of or in any way connected with (a) your access to or use of the Platform, (b) your User Content or (c) your violation of these Terms. OpenISP will notify you in writing of any Claim (provided that failure to notify will not release you from your obligation to indemnify) and provide you with assistance, information and authority reasonably required for the defense and settlement of the claim. We may, in our sole discretion, assume control over defense of any Claim by providing notice you. You may not settle or admit liability in connection with any Claim without the prior written consent of OpenISP.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OPENISP NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING YOUR INTERACTIONS OR TRANSACTIONS WITH ANY OTHER USER OF THE SERVICE, ATTENDANCE AT AND TRANSPORTATION TO OR FROM ANY OPENISP EVENTS OR PARTICIPATION IN OR EXCLUSION FROM ANY OPENISP GROUP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OPENISP OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OPENISP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO OPENISP FOR USE OF THE PLATFORM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OPENISP, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPENISP AND YOU.
OpenISP Intellectual Property. The Site, App, content, visual interfaces, information, graphics, design, software, code, services and all other elements of the Platform (“Materials”) are protected by United States copyright, trademark laws, international laws and conventions and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are the property of OpenISP or its third-party licensors. All trademarks, service marks and trade names displayed on the Platform (“Marks”) are proprietary to OpenISP or its third-party licensors. You agree not to sell, distribute, copy, modify, publicly perform or display, create derivative works from, or otherwise use any Materials or Marks except as expressly authorized by OpenISP under these Terms or with OpenISP’s prior written consent. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and OpenISP are not required to arbitrate will be the state and federal courts located in the Los Angeles, California, and you and OpenISP each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
Informal Resolution. Before making any claim, you and OpenISP agree that before taking any formal action, you will contact OpenISP at info@openisp.org and provide a brief description of the dispute and your content information (including your email address associated with your account). If we cannot resolve the issue within thirty (30) business days following receipt, you or OpenISP may bring a claim under this Section 19.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and OpenISP agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and OpenISP are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 19(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the JAMS pursuant to its rules then in effect, except as modified by these Terms. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures (collectively, the “JAMS Rules”). The JAMS rules are available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by the JAMS rules, including JAMS’ Consumer Arbitration Minimum Standards. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, including JAMS’ Consumer Arbitration Minimum Standards, as applicable, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous.
Injunctive and Declaratory Relief. Except as provided in Section 19(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND OPENISP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 19(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Entire Agreement. These Terms, including the Copyright and IP Policy and Privacy Policy, constitute the entire and exclusive understanding and agreement between OpenISP and you regarding the Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between OpenISP and you regarding the Platform. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without OpenISP’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. OpenISP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by OpenISP under these Terms will be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. OpenISP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OpenISP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have a question or complaint, you may reach us at info@openisp.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite 112, Sacramento, CA 95834, or by telephone at (800) 952 - 5210