Web Site User Agreement
TowerCo Assets LLC
Web Site User Agreement
This web site is owned and operated by or on behalf of TowerCo Assets LLC and or its wholly owned affiliates or subsidiaries (collectively, "TowerCo"). This Agreement sets forth the terms and conditions that govern your access and use of this web site (the "Site").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY EXIT FROM THE SITE. TOWERCO MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Access and Use of the Site.
You are permitted, pursuant to the terms of this Agreement, to access, download or print materials from the Site for your direct personal or business use in connection with colocation on tower assets owned or managed by TowerCo ("Permitted Use"). No other use of the Site is permitted. Any material printed or downloaded by you from the Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by TowerCo. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you. You agree that you will not re-publish, re-transmit, otherwise incorporate materials from the Site in any document in any medium of publication, or provide any such materials to a third party other than for the Permitted Use. The following uses are expressly prohibited:
a) To use or attempt to use the Site or the data contained in the Site as a means of contacting TowerCo’s landlords or any third parties, either directly or indirectly.
b) To use or attempt to use the Site or the data contained in the Site as a means of identifying TowerCo’s landlords or any third parties.
c) To use or attempt to use the Site or the data contained in the Site for purposes detrimental to TowerCo.
d) To use or attempt to use the Site or the data contained in the Site to compete with TowerCo.
e) To use or attempt to use the Site or the data contained in the Site in connection with purchasing or otherwise acquiring a legal or economic right in the real property on which TowerCo’s towers are located or in connection with any business transaction with TowerCo’s landlords.
TowerCo may monitor your use and access of the Site in order to determine your compliance with this Agreement.
2. Conduct and Rules.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting or (f) using automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site. Violations of system or network security may result in civil or criminal liability. TowerCo will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
3. Third Party Tower Submissions and Postings to the Site.
TowerCo may, in its sole discretion, permit third parties who own or otherwise have the legal right to market or lease communications towers to post information on the Site concerning those communications towers. If you choose to submit communications towers to the Site for posting, you are certifying that you are the legal owner of the communications tower or that you have the legal right to market the communications towers. You understand that all text, files, images, photos or other materials ("Content") that you submit for posting on the Site are your sole responsibility. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available to the Site. You are prohibited from posting irrelevant Content or repeatedly posting the same or similar Content on the Site. You agree that TowerCo shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content from the Site, at any time and for any reason. TowerCo reserves the right at any time to require photographs of your communications tower and other information to substantiate your legal right to market or lease the communications tower and to post the Content. In addition to the other terms set forth in this Agreement, you agree not to post, email, or otherwise make available Content on the Site:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates any federal, state, or local law;
e) that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with any person or entity;
f) that includes information about another person or entity without that person’s or entity’s explicit consent;
g) that is false, deceptive, misleading, deceitful, or misinformative;
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement or that includes links to commercial services or web sites, except as allowed in "services";
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.
We may charge a fee to post Content in some areas of the Site. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Site is responsible for said Content and compliance with this Agreement. All fees paid will be non-refundable in the event that Content is removed from the Site for violating this Agreement.
You acknowledge that TowerCo may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that TowerCo has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that TowerCo reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that TowerCo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
By posting Content to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to TowerCo an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any area of the Site, you automatically grant TowerCo all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
4. Copyright, Licenses and Trademarks.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are TowerCo, its affiliates and subsidiaries or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code and/or software.
"TowerCo" is the exclusive trademark or service mark of TowerCo, including the "look" and "feel" of the Site, TowerCo’s color combinations, layout, and all other graphical elements. Any use of TowerCo's trademarks is strictly prohibited without the express permission from TowerCo. Any rights not expressly granted herein are reserved.
5. Content and Idea Submissions
Any Content and information you send to TowerCo by use of the Site will be deemed not to be confidential information, regardless of any marking or notice to the contrary. You agree that any information that you provide TowerCo becomes the property of TowerCo and that TowerCo may discard that information or use it for any purpose whatsoever without obligation of any kind to you or the payment of any compensation to you. You agree that you shall have no recourse against TowerCo for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TowerCo.
The Site may provide, or third parties may provide, links to non-TowerCo web sites or resources as a convenience to you ("Third-Party Sites"). Because TowerCo has no control over such sites and resources, you acknowledge and agree that TowerCo is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by TowerCo of such Third-Party Sites. You further acknowledge and agree that TowerCo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
You may not create a link to the Site for any purpose without first obtaining the written permission of TowerCo.
7. No Representations or Warranties
You understand that TowerCo cannot and does not guarantee or warrant that files available for downloading through the Site will be accurate, free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
TowerCo explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. TowerCo also disclaims any responsibility for the completeness or accuracy of any directory or search result.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. TOWERCO PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND TOWERCO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
IN NO EVENT WILL TOWERCO BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TOWERCO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE.
TowerCo may modify, change, update, or replace this Agreement in whole or in any part at any time without notice to you. The most current version of this Agreement is always the version that is published on the Site.
9. No Waiver.
The failure by TowerCo to insist upon strict performance of any of the terms and conditions herein, or to exercise any rights or remedies, shall not be construed as a waiver of its rights to assert any of the same or to rely on any such terms or conditions at any time thereafter.
10. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless TowerCo, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
11. Third Party Rights.
This Agreement is for the benefit of TowerCo and its affiliates, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on their behalf. TowerCo’s failure to act with respect to a breach by you or others does not waive TowerCo's right to act with respect to subsequent or similar breaches.
12. Termination of this Agreement
TowerCo may terminate this Agreement and your access to the Site at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you. TowerCo may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof) immediately and without notice, and remove and discard any Content on the Site, for any reason. You agree that TowerCo shall not be liable to you or any third party for any termination of your access to the Site or removal or discarding of any Content.
This Agreement shall all be governed and construed in accordance with the laws of the State of North Carolina, United States applicable to agreements made and to be performed in the State of North Carolina, United States. You agree that any legal action or proceeding between TowerCo and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Wake, State of North Carolina, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. This Agreement contains the entire understanding of the parties hereto relating to the use of the Site and supersedes any prior written or oral agreement or understandings between the parties with respect to the Site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TowerCo's failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. TowerCo may assign its rights and duties under this Agreement to any party at any time without notice to you.
Copyright 2009-2011 TowerCo Assets LLC