Terms And Conditions

1. Acceptance
Welcome to the SureWest Communications, Inc. (the "Service Provider") Games on Demand website and online Content offering (the "Service"). The Service is offered by Service Provider through web pages at the URL: http://exentgames.ct-enterprises.com and pages linked there from that display SureWest Games on Demand branding. By accessing the Service or using the Service, you unequivocally agree, acknowledge, and undertake, without limitation or qualification, to be bound by all of the following terms and conditions herein and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service website or Content offering, as may be modified by Service Provider from time to time (collectively the "Terms and Conditions").

Please note that the Terms and Conditions may be updated from time to time without notice to you, so you are responsible for checking the Terms and Conditions periodically. As the Terms and Conditions contain legal obligations, please read this document carefully.

Please note that your full and strict compliance with the entire Terms and Conditions is material and fundamental and that the Service Provider agrees to allow you access to the Services, in full reliance on your firm commitment to fully and strictly comply with the entire Terms and Conditions and that the Service Provider would not have made the Services available to you had such commitment on your behalf not been made and had any of the Terms and Conditions not been fully and strictly complied with by you.

ALSO NOTE: YOU MUST BE 18 YEARS OF AGE OR OLDER TO PURCHASE THE SERVICE.

2. Privacy
For information on how your information is collected, used, and communicated by Service Provider in relation to the Service, please see our Privacy Policy.

3. E-Mail Communications
You hereby acknowledge and agree that Service Provider may send you e-mail communications pertaining to the Service and you hereby consent to receiving such e-mail communications. You can chose to unsubscribe from any such e-mail communications by following the unsubscribe directions posted at the bottom of the applicable e-mail. From time to time, you may also be given the opportunity to receive communications we believe may be of interest to you on an opt-in basis.

4. Registration, Accounts and Passwords
Certain elements of the Service and related features may require registration. Should you choose to register for the Service or related features, you agree to provide accurate and current information about yourself and to promptly update such information as necessary in order to ensure that it is accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Service, and (b) all activities that occur under such password or account. Further, you agree to notify Service Provider of any unauthorized use of your password or account. Service Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 4.

In order to provide you with ease of access to your account, Service Provider will place a "cookie" (a small text file) on any computer from which you access the Service website. When you revisit the Service website, this "cookie" will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

5. Rules and Conduct
In consideration of the availability, and your use, of the Service, you agree and undertake, while visiting the Service, not to:

post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;

defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

post, transmit, link to, or otherwise distribute any, defamatory, infringing, or indecent material or information;

post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;

upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Service or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining written permission of the copyright owner or right holder;

impersonate or falsely represent your association with any person, including an Service Provider representative; or

use, reproduce, sell, resell or otherwise exploit the Service for any commercial purposes.

6. Monitoring
You acknowledge that Service Provider has no obligation to monitor the Service or any software, games, videos, music, images, text or other products or services (collectively, "Content") accessible through the Service. However, you agree that Service Provider has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its users in accordance with Service Provider's Privacy Policy. Service Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions. You understand that by using the Service, you may have access to Content that may be offensive or objectionable to you. Under no circumstances shall Service Provider be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such Content.

7. Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any Third Parties, including any merchants or advertisers, found on, or through, the Service, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such Third Parties. Service Provider assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the users alone. You agree that Service Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.

8. Service Description
The Service is provided on an "as is" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that Service Provider shall have no responsibility for, or liability in respect of, any aspect of the Service use by you, including without limitation for any lost or damaged data or any acts or omissions of Service Provider. Service Provider allows one Service account per individual with a legitimate electronic mail address. The Service is provided to individuals and for personal use only. Any unauthorized commercial use of the Service, or resale of the Service is expressly prohibited. The components and any aspects of the Service may be modified or deleted by Service Provider at any time for any reason or for no reason at all, in Service Provider's sole discretion, with or without notice to you.

You acknowledge that Service Provider may issue upgraded versions of the application(s) required to use the Service from time to time, and may automatically electronically upgrade the version of such application(s) that you are using on your computer. You consent to such automatic upgrading, and agree that this Agreement (as amended from time to time) will govern all such upgraded versions. The application(s) will operate only on those hardware and software platforms specified in the application documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Application. Service Provider reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

Service Provider shall have no obligation to maintain any Content in the Service. In consideration of the availability, and your use, of the Service, you agree to comply with all applicable laws and the Terms and Conditions in using the Service and are solely responsible for all acts or omissions that occur under your account or password. If you wish to terminate your Service account, your only recourse is to discontinue your use of the Service. However, you acknowledge and agree that Service Provider may terminate your Service account at any time for any reason or for no reason at all, in Service Provider's sole discretion, without prior notice, or any notice. Further, each game title made available through the Service and any client software required to operate the Service may have their own terms and conditions governing the use of such software to which you agree to comply. By agreeing to the Terms and Conditions, you have read and agree to the terms and conditions for the relevant Content as set forth in the following End User License Agreements: Atari End-User License Agreement, the Ubisoft Entertainment End User License Agreement, and the Strategy First End-User License Agreement.

9. Membership and Billing
Some offerings on the Service are monthly subscription or pay-per-use services. If you sign-up to use a monthly subscription or pay-per-use service with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms at any time. Monthly subscription services will automatically renew on a monthly basis at the then-current fee or charge unless you provide notice to the contrary canceling your subscription as provided for on the Service site. Monthly subscriptions will terminate at the end of the then current month after receiving notice of cancellation from you. You may use both a monthly subscription and pay-per-use within any month.

From time to time, free trial subscriptions may be made available to first-time customers of the Service. These may not be combined with any other offer. Only one free trial may be redeemed per household. Upon registering for your free trial, you will be authorized for a time-limited period of service. No charges, however, will appear on your bill unless you do not cancel prior to the end of your free trial period. Your free trial may entitle you, during the term of your free trial, to the same service provided to our paying subscribers or a lower level of service (for example,, with a sub-set of the content as that provided to paying subscribers), at Service Provider’s sole discretion. Service Provider will begin billing you for recurring subscription fees for the relevant offering and any applicable sales tax at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES. Service Provider will continue to bill you until you cancel.

You may cancel your account by going to the Manage Account area on the left navigation bar of the Service, logging in, and calling one of the numbers listed.

10. Software Downloads
Service Provider may make available to you software for downloading on your initiative. Such software is made available to you subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that Service Provider, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.

11. Disclaimer Regarding Third Party Content
The Service offers access to numerous Third-Party web pages and Content available over the Internet. In such instances, including, but not limited to, Third Party Content contained on or accessible through the Service websites and web pages or websites displayed as search results or contained within a directory of links on the Service, Service Provider generally exercises no control over such Third Party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that Service Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

12. User Content
In respect of any and all content you elect to post on the Service which is accessible by the general public, such as on public forums, you grant Service Provider a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content. Such license shall apply with respect to any form, media, or technology now known or later developed. You warrant that any moral rights that may exist in connection with content that you elect to post have been waived. With respect to any and all content you elect to post or transmit using the Service, you agree that Service Provider may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by Service Provider to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of Service Provider or any other person.

13. Service Modifications
You acknowledge and agree that Service Provider reserves the right at any time to modify or discontinue the Service with or without notice to you, and that Service Provider will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

14. Termination
You acknowledge and agree that Service Provider, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Service, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Service Provider believes that you have violated any of the Terms and Conditions. You further agree that Service Provider shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Service Provider in operating the Service, your sole and exclusive remedy is to discontinue using the Service. Any amounts payable for the Service shall be payable in advance and Service Provider shall not be required to refund to you any amounts prepaid for use of any Services and shall neither be required to refund to you any amounts charged to you subsequent to termination for the billing period during which services were rendered.

15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THE TERMS OF SERVICE, ANY OTHER AGREEMENT AND/OR ANY APPLICABLE LAW: (A) THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Service Provider MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY OF INFORMATION, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) Service Provider SPECIFICALLY MAKES NO WARRANTIES THAT THE SERVICE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU FURTHER EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR USE OF ANY OF THE SERVICE IS AND SHALL REMAIN AT YOUR SOLE RISK.

16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THE TERMS OF SERVICE, ANY OTHER AGREEMENT AND/OR ANY APPLICABLE LAW, IN NO EVENT SHALL Service Provider AND/OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR REPRESENTATIVES, INCLUDING ITS AFFILIATES, BE LIABLE, IN ANY WAY WHATSOEVER, FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER Service Provider HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

17. Indemnity
You agree to defend, indemnify and hold Service Provider, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of the Service or Content, or (c) your placement, posting or transmission of any message, information, software or other content on the Service.

18. No License; Intellectual Property of Service Provider and Others
Except as expressly provided, nothing herein or within the Service shall be construed as conferring any license under any of Service Provider's or any Third Party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Service Provider, its affiliates, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of the Terms of Service, including, without limitations, full and strict compliance with all of the following limitations: You undertake, acknowledge and agree that you shall not, and shall not allow any other Third Party, to (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a "Notice") from the Service (and the Licensee shall reproduce all Notices within and/or upon any copies and partial copies thereof made in accordance with the Terms of Service); (b) make a use of the Service for any purpose other than the purpose for which such intellectual property is made available to users through the Service; (c)  modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of any software, applications or programs used in connection with the Service; or (f) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software, applications or programs used in connection with the Service.

19. Trademarks
SureWest Games on Demand is a trademark of SureWest. All product, brand and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the express written consent of SureWest or the owner of the mark, as appropriate, is strictly prohibited.

20. Copyright Notices
All information and content contained on, or made available over, the Service are: Copyright © 2004 Exent, Inc., and/or its suppliers (including but not limited to game publishers). All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and SureWest.

21. Territory
You acknowledge that specific software applications and other content may have territorial restrictions, as displayed on the appropriate web page. You agree to abide by such territorial restrictions as part of the Terms and Conditions.

22. Miscellaneous
The Terms and Conditions constitute the entire agreement between Service Provider and you pertaining to your use of the Service and supercede any prior agreements between you and Service Provider. Service Provider's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA and the federal laws of the United States of America applicable therein. You agree that any dispute in connection with the Service shall be the sole and exclusive jurisdiction of the courts of the State of New York and you irrevocably agree to the jurisdiction of such courts. Any action in connection with the Service shall be brought in the State of New York. The Parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.

23. Promotional Items
In connection with the Service you may receive hardware or software devices as part of a promotion or other marketing event in connection with the Service (each a "Promotional Item"). A Promotional Item provided to you is provided as a courtesy only in connection with your purchase of the Service. The Promotional Item is provided on an "as is" and "as available" basis. The Promotional Item is for personal use only and cannot be resold. Under no circumstances will Service Provider, including its affiliates or Third-Party suppliers, be responsible or liable for any damages whatsoever, including direct, indirect, special or consequential damages, that may arise out of or in connection with (i) the provision of a Promotional Item, (ii) the use of, inability to use or performance of a Promotional Item, or (iii) the design, manufacture, operation or malfunction of the Promotional Item. Use of a Promotional Item is subject to the manufacturer terms and conditions, including minimum systems requirements. Additional hardware and/or software may be required in order to use a Promotional Item. Customer service and support is not provided for a Promotional Item.