CENTURYLINK WEBSITE USER AGREEMENT
Effective June 1, 2014
The following terms and conditions apply to your use of and access to any website owned or operated by CenturyLink or its subsidiaries, affiliates, and licensors (each, a "CenturyLink Website"), which are designed to tell you more about our company and its products, services, equipment, third-party-provided products and services, software, and any other services (collectively, "CenturyLink Products"). The terms "we" or "us" or "our" refer to CenturyLink, and the terms "you" or "your" refer to you, the person using or accessing the CenturyLink Website.
CenturyLink Products are provided to you subject to separate, specific terms and conditions for each CenturyLink Product, which govern in the event of any inconsistency with this Agreement. By using or accessing a CenturyLink Website, you agree to these terms and conditions, including all additional CenturyLink policies incorporated by reference and/or described below (collectively, this "Agreement"). To use a CenturyLink Website, you represent that you are at least 13 years old (with legal parental or guardian consent) or an adult of at least 18 years of age and fully competent to enter into this Agreement. If you do not wish to be bound by this Agreement, you should not access, subscribe to, or otherwise use a CenturyLink Website. CenturyLink may modify this Agreement at any time without notice to you. Modifications will be deemed effective immediately upon posting of the modified terms at www.centurylink.com.
You should carefully read this Agreement, including the required use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and the limitations on the remedies available to you in the event of a dispute, as fully described in the "Dispute Resolution" section of this Agreement.
- Registration and Information Provided. On CenturyLink Websites, you agree to provide information which is accurate, complete, and not misleading, and update all such information to maintain its accuracy and completeness. CenturyLink may restrict, suspend, or terminate your access to CenturyLink Websites without notice, including if we determine or reasonably suspect, in our sole discretion, that you have provided inaccurate, incomplete, or deceptive information. In such instances, you agree CenturyLink will not be liable to you or any third party for such restriction, suspension, or termination. In addition to CenturyLink-specific information and content related to CenturyLink Products, CenturyLink Websites contain information and services offered by or available through third parties that may not be affiliated with CenturyLink. CenturyLink is neither responsible for nor has an obligation to review, sponsor, or evaluate anything related to such third parties or content contained on any third-party website accessible from a link on a CenturyLink Website. Such third-party websites are provided for your convenience and accessibility of such links and websites does not imply affiliation or endorsement by CenturyLink of such websites and any content or services provided or described there. You may access such websites at your own risk, and should review and understand all applicable policies governing such websites.
- Account Security. You agree to keep confidential all passwords, user IDs, IP addresses, account identifiers, and other CenturyLink Website-entry materials (collectively, "Your Identifiers"), and you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur on CenturyLink Websites related to Your Identifiers, your CenturyLink account information, credit card/debit card/account numbers, or bank or financial institution information. You agree to immediately notify CenturyLink if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of Your Identifiers by calling the customer service number listed on your invoice. You also agree to periodically change your passwords. You authorize CenturyLink to provide information about and to make changes to Your Identifiers upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Your Identifiers on your behalf, such as through the public Internet. CenturyLink will not be liable for any actions, claims, costs, damages, or expenses arising from Your Identifiers being lost or stolen. You acknowledge this risk as inherent to the nature of using and accessing CenturyLink Websites and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
- Copyrights. The content, names, images, text, programs, graphics, and other materials found or displayed on a CenturyLink Website (collectively, "Materials"), and any software accessed or downloaded to enable such items ("Software") are protected by applicable copyright and trademark laws and are the sole property of the CenturyLink, its subsidiaries or affiliates, or third-party content providers with whom CenturyLink has a relationship. CenturyLink reserves all rights related to Materials and Software. Any use of Materials and Software outside or beyond your permitted use of a CenturyLink Website is strictly prohibited without the express written consent of CenturyLink. Any unauthorized use of Materials or Software which violates copyright or trademark laws may result in criminal or civil penalties. Subject to this Agreement, you are granted a limited, non-sublicensable right to access the CenturyLink Website, Materials, and Software for your personal, non-commercial use. However, Software may not be downloaded or otherwise exported or re-exported into any country for which the United States maintains an embargo on such exports or to any person on lists identified by the United States, including any United States agency or department which controls such exports. By downloading or using the Software and any related information or technology, you agree to these restrictions and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you believe your work has been copied and posted, stored, or transmitted to the CenturyLink Websites in a way that equals copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) according to the Copyright Notices posted to http://www.centurylink.com/aboutus/legal/ (or successor URL).
- Trademarks and Service Marks. Trademarks used or displayed on CenturyLink Websites are owned by CenturyLink or third parties with whom CenturyLink has a relationship and who provide products and services on or through the CenturyLink Websites. CenturyLink's trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks may not be copied, used, or modified in any form or manner. Trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks of any other companies or entities that appear on a CenturyLink Website are the property of their respective owners and such owners may not be affiliated with CenturyLink. You will not use any meta tags or any other hidden text using any CenturyLink name, trademark, or service mark.
- Content Provided to CenturyLink.
- Order Information. CenturyLink may establish and implement processes and procedures impacting orders that are placed on, through, or with the assistance of CenturyLink Websites, including requiring you to validate information or placing limits on the quantity, nature, or type of CenturyLink Products available to you. In its sole discretion, CenturyLink may cancel or reject orders for CenturyLink Products at any time.
- Content You Submit to CenturyLink. Some CenturyLink Websites permit you to post content, including data, photos, text, audio, video, graphics, and ideas (collectively, "User Content"). You represent and warrant that you own or have control over all rights to the User Content you provide on a CenturyLink Website, there is no confidentiality obligation or expectations of any kind, and such User Content does not violate the terms of this Agreement. You will indemnify CenturyLink for all claims resulting from the User Content you provide on a CenturyLink Website. You agree to provide CenturyLink with a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all such provided User Content, in whole or part, worldwide and/or to incorporate it in other works in any form now known or later created, and create and exercise the same rights with respect to such other works. You also permit any user of a CenturyLink Website to access, display, save, distribute, reproduce and prepare derivative works of such User Content. You grant CenturyLink the right to use your name in connection with the User Content, including the right to use your name in advertising and marketing materials. Any use by CenturyLink of User Content shall not require permission from you or payment to you or any other party. No compensation will be paid to you by CenturyLink or any third party related to any type of use, distribution, or publishing of such User Content in any way or forum. CenturyLink has no duty or obligation to validate, use, access, post, or distribute such User Content, and CenturyLink has no duty or obligation regarding confidentiality of any User Content. CenturyLink, in its sole discretion, may remove, refuse to use or access, or not permit others to use or access at any time without notice. You accept full responsibility and any liability for User Content you access, upload, transmit, transfer, or view by or through a CenturyLink Website and the Internet, and CenturyLink has no responsibility, accepts no liability, and does not endorse such User Content, including any statements, positions, opinions, advice, suggestions, errors, defamatory content, slander, libel, inaccuracies, obscenity, profanity, or pornography that may be contained in User Content. CenturyLink values any feedback you may have about a CenturyLink Website. However, if you send us any type of communication concerning the CenturyLink Website or any CenturyLink Product, the content of your communication will be treated as nonproprietary and nonconfidential (even if marked confidential or similar denotation) and will become CenturyLink property to use, reproduce, disclose, and distribute for any purpose whatsoever, without limitation to the extent permitted by applicable law and without compensation to you.
Access to and Permissible Use of CenturyLink Websites. You agree not to use any CenturyLink Website for any unlawful, abusive, or fraudulent purpose, including without limitation, using a CenturyLink Website brand, avoids your obligation to pay for CenturyLink Products, constitutes a criminal offense, gives rise to a civil liability, or otherwise violates any law or regulation. CenturyLink will make reasonable attempts to provide uninterrupted service, but there may be instances where a CenturyLink Website is delayed, impaired or impossible (collectively, "Technical Issues"). Should you experience any Technical Issues, you are to promptly contact CenturyLink. CenturyLink will not be liable to you for any loss of information, blockages or delays affecting data, information, notifications, purchases, deliveries or any other aspect of a CenturyLink Website due to Technical Issues. You will use CenturyLink Websites in a manner consistent with this Agreement, and not take any of the following actions with respect to any CenturyLink Website or use a CenturyLink Website to provide, post, transmit, email, link or otherwise make available any content in a manner that:<
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from a CenturyLink Website or otherwise monitors or copies any portion of a CenturyLink Website or a CenturyLink Product;
- contains software viruses, worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- disrupts, interferes or inhibits any other user from using or enjoying a CenturyLink Website or other affiliated or linked websites, material, contents, products and/or services, including CenturyLink Products;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any CenturyLink domain name as a pseudonymous return email address;
- constitutes or contains any offer for unsolicited or unauthorized advertising or offers for goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose, including junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or a CenturyLink Website;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of a CenturyLink Website, use of a CenturyLink Websites, or access to a CenturyLink Website;
- publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of a CenturyLink Website or any content on a CenturyLink Website;
- uses, frames, or utilizes framing techniques to enclose any portion of a CenturyLink Website (including images found at a CenturyLink Website or any text or the layout/design of any page or form contained on a page);
- is unlawful and/or, in CenturyLink's sole discretion, is harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights, or attempts to remove any proprietary notice or labels from any content on a CenturyLink Website;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, including any offers to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- contains a charity request, petitions for signatures, chain letters or letters relating to any type of scheme or program; and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate a CenturyLink Website. For purposes of this Agreement, "reverse engineering" includes the examination or analysis of a CenturyLink Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of a CenturyLink Website's underlying technology.
- Disclaimer of Warranties. CenturyLink makes no warranty, guarantee, or representation that your use of any CenturyLink Website will be protected from viruses, security threats, or other threats or vulnerabilities. CenturyLink also does not warrant that information on CenturyLink Websites, including information related to CenturyLink Products, is accurate, complete, or current. It is possible that pricing or service capabilities described for CenturyLink Products on CenturyLink Website have changed. In all such instances, CenturyLink will make reasonable efforts to address the error as soon as practicable. CenturyLink Websites and all related information, content, and supporting systems are made available to you "as is", "with all faults", and "as available" and CenturyLink does not warrant, in any way, the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a particular purpose of such items. You access CenturyLink Websites at your own risk. You understand and agree that you are solely responsible for any damages to your computer system or loss or theft of data or information that results from your use of CenturyLink Websites or downloading of any material accessed from or otherwise provided through a CenturyLink website. CenturyLink does not guarantee that CenturyLink Websites or any of its websites will be error-free, continuously available, or free of harmful components, including, without limitation, viruses, worms, trojan horses, or other programs that are capable of disabling, damaging, interfering, altering, intercepting, or otherwise impacting or affecting a CenturyLink Website or any CenturyLink systems, network, or services, or your computer, mobile device, supporting equipment, or any other hardware, software, network, or other systems.
- Limitations of Liability. Under no circumstances will CenturyLink, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers be liable to you or any other party for damages arising out of or in a connection with any act or omission by you or another person or entity, any failure or delay in making CenturyLink Websites available to you for any reason at any time, or content or information accessed while you use CenturyLink Websites, any cause of action resulting from your use or attempted use of CenturyLink Websites in any manner, or any transaction performed or attempted to be performed on or through a CenturyLink Website. This is a comprehensive limitation of liability that applies to damages of any kind, including compensatory, incidental, consequential, direct, indirect, punitive, or special damages, whether in contract, tort, strict liability, or otherwise, including, without limitation, lost profits or revenue, loss of opportunity, and cost of replacement services. In the event applicable laws in certain states do not permit application of this limitation of liability or limit its applicability, you agree the aggregate liability of CenturyLink in such instances for liability that would have otherwise been limited by this section will not exceed one hundred dollars ($100).
- Indemnification. You agree to indemnify, defend and hold harmless CenturyLink, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, made by a third party arising from or in connection with any violation of this Agreement or applicable law by you, any violation of any rights of a third party by you, and any information or content that you submit, use, post, transmit, or make available to CenturyLink, including provided through a CenturyLink Website.
- Governing Law. This Agreement is governed by and construed under the laws of the State of Louisiana, without regard to its conflict of laws principles. The federal courts within the state of Louisiana and state courts of Ouachita Parish, Louisiana, have exclusive jurisdiction over and venue of any suit that relates to this Agreement. You are responsible for ensuring that your conduct is at all times in compliance with all applicable laws, rules and regulations.
- Dispute Resolution.
- Dispute Process. Most concerns can be resolved quickly and to your satisfaction by contacting our customer service department or through the designated CenturyLink Website. If our customer service department is unable to resolve a complaint you may have to your satisfaction or if CenturyLink has not been able to resolve a dispute it has with you after attempting to do so informally, then we each agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction.
- Mandatory Arbitration of Disputes. You and CenturyLink agree to arbitrate any and all claims, controversies or disputes of any kind ("Claims") against each other, including but not limited to Claims arising out of or relating to this Agreement, or any CenturyLink Products, billings, or advertisings. This agreement to arbitrate is intended to be broadly interpreted and applies to, among others: all Claims regardless of whether they are based in contract, tort, statute, fraud, misrepresentation or any other legal theory; all Claims that arose prior to your use of a CenturyLink Website or prior to this Agreement; all Claims that arise after you ceased using a CenturyLink Website or after the termination of this Agreement; all Claims you may bring against CenturyLink's employees, agents, affiliates or other representatives; and all Claims that CenturyLink may bring against you. The sole exception to this arbitration agreement is that either you or CenturyLink may, in the alternative, bring Claims in a small claims court having valid jurisdiction. You and CenturyLink agree, however, that neither CenturyLink nor you will join any Claim with a claim or claims of any other person(s) or entity(ies), whether in a lawsuit, arbitration, or any other proceeding. You and CenturyLink agree that no Claims will be asserted in any representative capacity on behalf of anyone else, that no Claims will be resolved on a class-wide or collective basis, that no arbitrator or arbitration forum will have jurisdiction to adjudicate or determine any Claims on a class-wide or collective basis, and that no rules for class-wide or collective arbitration will apply.
- (1) Arbitration Procedure. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice" or "Notice of Dispute"). The Notice to CenturyLink should be addressed to: 1801 California Street, Suite 900, Denver, Colorado 80202, Attn: Legal Department ("Notice Address"). The Notice must: (1) describe the nature and basis of the Claim; and (2) set forth the specific relief sought ("Demand"). If CenturyLink and you do not reach an agreement to resolve the Claim within thirty (30) days after the Notice is received, you or CenturyLink may commence an arbitration proceeding. A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitration will be filed with the American Arbitration Association ("AAA"), the arbitrator will be selected according to the AAA's procedures and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), and Claims will be resolved pursuant to this Mandatory Arbitration of Disputes provision and the AAA's rules in effect when the Claim is filed. Claims also may be referred to another arbitration organization if you and CenturyLink agree in writing or to an arbitrator appointed pursuant to section 5 of the FAA. The arbitration will be confidential, but you may notify any government authority of your Claim. Arbitration hearings will take place in the federal judicial district of the location where you reside.
- (2) Arbitrator's Authority. The arbitrator is bound by the terms of this Agreement, and the arbitrator's authority is limited to Claims between you and CenturyLink alone. The arbitrator has no authority to join or consolidate Claims, or adjudicate joined or consolidated Claims, unless you and CenturyLink agree in writing. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the Mandatory Arbitration of Disputes provision are for the court to decide. The arbitrator's decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction. The arbitrator can award the same damages and relief that a court can award, including the award of declaratory or injunctive relief; provided, however, that any declaratory or injunctive relief may only be in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim.
- (3) Costs of Arbitration. You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought the Claim in court. We will be responsible for any additional arbitration fees. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, fees for attorneys or expert witnesses. If the arbitration proceeding is decided in CenturyLink's favor, you shall reimburse CenturyLink for the fees and costs advanced to you only up to the extent awardable in a judicial proceeding. If the arbitration proceeding is determined in your favor, you will not be required to reimburse CenturyLink for any fees and costs advanced by CenturyLink. If a party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees and costs incurred in that appeal. Notwithstanding anything to the contrary in this Mandatory Arbitration of Disputes p rovision, CenturyLink will pay all fees and costs that it is required by law to pay.
- (4) Changes. Notwithstanding any provision in this Agreement to the contrary, you agree that if CenturyLink makes any future change to this Dispute Resolution provision (other than a change to the Notice Address listed above) during the period of time that you are using or accessing CenturyLink Websites, you may reject any such change by sending CenturyLink written notice within 30 days of receiving notice of the change. Your rejection notice must be sent to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. No changes, however, that are made to this provision after either party has submitted a Notice of Dispute shall be effective as to your and CenturyLink's pending dispute and/or arbitration.
- (5) Governing Law, Enforcement, and Waivers. The Federal Arbitration Act, and not state law, applies to this Dispute Resolution provision and its provisions and, governs all questions of whether a Claim is subject to arbitration. If any portion of this Dispute Resolution provision is determined to be invalid or unenforceable, the remainder of the provision remains in full force and effect. If for any reason, the above provisions on arbitration are held unenforceable or are found not to apply to a Claim, you and CenturyLink waive the right to a jury trial on your respective Claims, and waive any right to pursue any Claims on a class or consolidated basis or in a representative capacity. If any party files a judicial or administrative action asserting a Claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys' fees.
- Notice. If we send you a notice, it will be considered given when deposited in the U.S. Mail or with overnight courier mail, addressed to you at your billing address or other address you have provided us, hand-delivered to you, or distributed via email to the then-current email address provided to us by you. Our notice to you will also be effective if provided on your invoice or by telephone, or, when posted online, the actual date such notice is posted to http://www.centurylink.com. If you have a dispute or want to provide notice to us related to any matter, you agree to notify CenturyLink customer service at the number listed on your invoice and provide all requested information, or write us at 1801 California Street, Suite 900, Denver, Colorado 80202, Attn: Legal Department. You agree that CenturyLink may contact you via email at the email address you provide to us when you use CenturyLink Websites or any subsequent email address you provide us. You will provide us with any changes to your email address by updating that address in the manner prescribed to you by CenturyLink.
- Other. This Agreement contains the entire agreement between CenturyLink and you related to CenturyLink Websites, and any other written or oral statements do not change this Agreement. Neither the course of conduct between you and CenturyLink nor trade practices will act to modify any provision of this Agreement. CenturyLink may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is found to be unenforceable or invalid, this Agreement's unaffected provisions will remain in effect. If either you or CenturyLink fails to enforce or waives any requirement under this Agreement that does not waive that party's right to later enforce that requirement in the future.