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800.316.4581

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PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DIGITAL CONTENT (AS DEFINED BELOW).


THIS LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND Windstream INC. ("Windstream", "WE" OR "US"), A PROVIDER OF RETAIL WEB HOSTING, EMAIL, ELECTRONIC COMMERCE, AND DOMAIN NAME SERVICES ("SERVICES").


WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH INDIVIDUAL USE OF THE DIGITAL CONTENT. PLEASE CONSULT INDEPENDENT LEGAL RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.


  1. ACCEPTANCE
    1. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT.
    2. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO Windstream THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY.
    3. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THIS DIGITAL CONTENT.

  2. LICENSE
    1. Through our Services, you will be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text and 'applets', and 'online' or electronic documentation (together called the 'Digital Content').
    2. You may use, modify and publish the Digital Content in accordance with the terms of this License Agreement.
    3. Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to the terms and conditions of this License Agreement.
    4. The copyright and all other rights to the Digital Content shall remain with our licensors.

  3. PERMITTED USE OF DIGITAL CONTENT
    1. YOU MAY incorporate the Digital Content into your own original work and publish your work in a web site provided that:

  4. UNAUTHORIZED USES OF DIGITAL CONTENT
    1. YOU MAY NOT:

  5. TERM
    1. This License Agreement shall remain in effect only for so long as you:
    2. You agree, upon termination, to cease using and destroy all copies of the Digital Content.
    3. Section D above and the Limitations of Warranties and Liability set out below shall continue in force even after any termination.

  6. LIMITATION OF WARRANTIES AND LIABILITY
    THE DIGITAL CONTENT IS PROVIDED ON AN 'AS IS' BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR ONE MONTH'S ACCESS TO OUR SERVICES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  7. INDEMNIFICATION
    YOU SHALL INDEMNIFY Windstream, OUR LICENSORS, PROVIDERS, SUPPLIERS OR AFFILIATES AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR YOUR UNAUTHORIZED USE OF THE DIGITAL CONTENT AND RELATED RIGHTS.

  8. U.S. GOVERNMENT RIGHTS
    With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the 'Government'), the Digital Content shall be classified as 'commercial computer software', as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the 'FAR') and supplements thereto, including the Department of Defense ('DoD') FAR Supplement (the 'DFARS'). The Digital Content was developed entirely at private expense and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either
    1. in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or
    2. with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable.
    If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and
    1. FAR 12.212(a);
    2. FAR 52.227-19; or
    3. FAR 52.227-14(ALT III),
    as amended or applicable.

  9. GENERAL
    1. In the event that Windstream notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by Windstream in your possession or control.
    2. This License Agreement is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
    3. This License Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.
    4. If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.