Terms of use
Website & General Services Terms of Use Agreement and DMCA Copyright Infringement Notification Process
Updated/Effective July 22, 2020 1. Acceptance of the Terms of Use Agreement Welcome to the website of EV Holdings 1 LLC D/B/A Preferred Networks (“Preferred Networks,” “we,” “our,” or “us”). This Terms of Use Agreement (“Agreement”) applies to a Preferred Networks residential and commercial Subscriber, visitor, and user (collectively, “Users,” “you,” or ”your”) who accesses or uses our official website for Preferred Networks and any branded websites ( collectively, “Sites”), and any Preferred Networks service, including but not limited to high-speed broadband Internet access services, voice services, and other ancillary services to residential and commercial Subscribers in Nebraska, Colorado and Wyoming (collectively, “Services”). (We may use the term Subscribers separately from Users, where appropriate.) This Agreement is a legal contract between you and Preferred Networks, so it is important that you review these terms of use carefully before using the Preferred Networks Sites and Services. Your use of the Sites and Services indicates that you have read, understood, and agree to follow and be bound by this Agreement, which incorporates by reference our General Terms of Service Contract and Privacy Policy (collectively,” Service Agreements”). If you do not agree to this Agreement, do not access or use the Sites and Services. Any capitalized terms not defined in this Agreement will have the same meaning as defined in Preferred Networks’s Service Agreements. Registration for the Sites and Services are offered and available to Users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. The Sites and Services are not targeted to children under the age of 13, and the Sites and Services do not knowingly collect any Personal Information from children. By registering for or visiting the Sites and Services or submitting any Personal Information to the Sites or Services, you represent and warrant that you are of legal age to form a binding contract with Preferred Networks and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not register or submit any Personal Information to the Sites or Services. 2. Changes to the Preferred Networks Site We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites and Services thereafter. Your continued use of the Sites and Services following the posting of revised terms and conditions means that you accept and agree to the changes, unless further steps are required by applicable law. You are expected to check the Preferred Networks Site from time to time so you are aware of any changes, as they are binding on you. 3. Your Access to the Preferred Networks Sites We may choose to suspend your access to all or part of the Sites without advance notice and at any time, for violations of this Agreement, for any reason, or for no reason at all. We are not liable if for any reason all or any part of a Site is unavailable at any time or for any period. To access the Sites or some of the resources each offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites and Services that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason. 4. Preferred Networks Sites and Services Content and Intellectual Property Rights The Sites and Services and the entire contents, features and functionality of each (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Preferred Networks Content”), are owned by Preferred Networks, our licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. Preferred Networks expressly reserves all rights in the Sites and Preferred Networks Content owned by and provided or licensed to Preferred Networks. This Agreement permits you to use the Sites and Services for your personal, non-commercial use only if you are a residential Customer. If you are a commercial Customer this Agreement permits you to also use the Sites and Services for your professional and commercial use. Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, except as authorized in writing by us. If you wish to make any use of material on the Sites and Services other than that set out in this section, please address your request to: management@preferred-networks.com “EV Holdings 1 LLC,” “Preferred Networks Internet,” “Internet Xpress,” and all related names, logos, product and service names, designs and slogans (“Preferred Networks Marks”) are trademarks of Preferred Networks or our Affiliates (defined as an entity that controls, is controlled by or is under common control with Preferred Networks) or licensors. You must not use the Preferred Networks Marks or other Preferred Networks intellectual property, including but not limited to copyrights, without the prior written permission of Preferred Networks. All other names, logos, product and service names, designs, slogans, images, graphics, and sounds on this Preferred Networks Site are the trademarks, copyrighted material, or intellectual property of their respective owners. 5. DMCA Copyright Infringement Notification and Counter Notification Process Just as Preferred Networks requires Users to respect our copyrights, and those of our Affiliates and Operational Service Providers and licensors, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced, published or accessed on our Sites or Services without authorization in a way that constitutes copyright infringement, you may notify our Designated Copyright Agent via the following contact information and requirements: Name of Service Provider: EV Holdings 1 Name of Designated Agent: Dimitry Gershenson Postal Address: Preferred Networks 9501 W CLEARWATER AVE. KENNEWICK, WA 99336 Telephone Number: 509-591-0808 Email Address: management@preferred-networks.com A. How to Provide Notification for Claims of Copyright Infringement You must provide the following information to our Designated Agent in a written communication in the form required by the Digital Millennium Copyright Act (“DMCA”)(see above for contact information).
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works on the Sites;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Preferred Networks to locate the material;
- Information reasonably sufficient to permit Preferred Networks’s Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of the owner or licensee of the removed or disabled content on the Sites or Service;
- Identification of the content that has been removed or to which access has been disabled and the location on the Sites or Service at which the content appeared before it was removed or access to it was disabled.
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The User’s full name, postal address, telephone number and email address (if applicable), and the statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located,” or if the User’s address is outside of the United States, for any judicial district in which Preferred Networks or our appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
- Use the Sites in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- Use any device, software or routine that interferes with the proper function, security, or availability of the Sites;
- To impersonate or attempt to impersonate Preferred Networks, a Preferred Networks employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names or social networking IDs associated with any of the foregoing) via the Preferred Networks Sites;
- Engage in unauthorized “scraping” or “spidering,” or harvesting of Personal Information, or use any unauthorized automated means to compile information; and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Preferred Networks, the Sites, or users of the Sites, or expose Preferred Networks or users to liability.