The files and information (collectively, the “Information”) are being provided by Independents Fiber Network (“IFN”) to You (“You” or “Recipient”) pursuant to the following terms and conditions (the “Terms”). By receiving, accessing, and/or viewing the Information, you agree to the Terms, which may not be altered or amended except in writing by IFN.
(a) Verification of Identity. Prior to receiving the Information, Recipient must provide identity information as required by IFN including, but not necessarily limited to, the Recipient’s legal or business name and valid e-mail contact address. IFN shall have the right to review and confirm this information prior to providing access to the Information.
(b) Creation of Username and Password. Upon verification by IFN, Recipient will be assigned a username and password, so that the Information may be accessed via IFN’s computer systems.
(c) Limits on use of Information. The Information may only be used by Recipient for the following purposes:
(1) For evaluating IFN services for its own internal company use
(2) For evaluating IFN services for resale to Recipient’s customers
(d) No representation of ownership or control by Recipient. Recipient agrees that it will not represent to any person in any manner and in any form or media, that it owns, maintains, manages, or otherwise controls any of the Information or the physical fiber, fiber routes, or other materials described or identified in the Information.
(e) Miscellaneous. This agreement is subject to and shall be interpreted under the laws of the State of Ohio. Recipient agrees that any dispute regarding these Terms or the Information shall be brought, if at all, in the state or federal courts situated in <County> County, Ohio. Recipient agrees that if it breaches any provision of these Terms, the damage to IFN would be irreparable, and money damages would not afford IFN an adequate remedy. Therefore, if Recipient breaches any provision of these Terms, Recipient agrees that IFN is entitled, in addition to any and all rights and remedies as would be provided by law, to specific performance, injunctive relief, and other equitable relief necessary to prevent or restrain a breach of these Terms.