Lyra Residences Internet Terms and Conditions and Privacy Policy
Terms & Conditions
The following Terms and Conditions constitute the “Agreement” for managed bandwidth services provided to “Customer” by Vicidiem, Inc. (“Company”).
Services. Company shall provide managed bandwidth services via the network infrastructure pursuant the service agreement executed between Company and the property where Customer’s residence is located.
No guarantee; No Liability. Company makes no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose that the equipment or services provided will detect or avert internet viruses, trojan horses, or any other security breaches with Customer’s computer, computer equipment, or other devices connected to the network. Company does not undertake any risk that Customer or Customer’s computer or other equipment or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with Customer, not Company. Customer releases, waives, discharges and promises not to sue or bring any claim of any type against Company for loss, damage or injury relating in any way to the equipment or services provided by Company. Customer acknowledges it is impractical and extremely difficult to determine actual damages, if any, that may result from a failure by Company to perform any of its obligations to Customer under the service agreement. Under no circumstances will Customer attempt to hold Company liable for any consequential or incidental damages, including without limitation, damages for personal injury or damages to property, including but not limited to computers, computer equipment and other electronic equipment of Customer. Notwithstanding the provisions of this paragraph 2, if Company is found liable for loss, damage or injury under any legal theory relating in any way to the services and/or equipment provided by Company, Customer agrees and affirms that Company's liability to Customer shall be limited to a sum of $250.00 dollars. This agreed upon amount is not a penalty; rather it is Customer’s sole remedy. The provisions of this paragraph 2 apply no matter how the loss, damage, injury or other consequence occurs, even if due to the performance or nonperformance by Company of its obligations under this Agreement or from negligence (active or otherwise), strict liability, violation of any applicable consumer protection law or any other theory of liability or alleged fault on the part of Company, its agents or its employees. No suit or action shall be brought against Company more than 6 months after the date of the incident that resulted in the loss, injury or damage, or the shortest duration permitted under applicable law if greater than 6 months. The provisions of paragraph 2 and its subparts shall apply to and benefit Company and its agents, employees, contractors, subsidiaries, dealers, affiliates, parents (both direct and indirect), affinity marketers and other partners.
Indemnity. If any other person, including Customer’s subrogating insurer, makes any claim or files any lawsuit against Company in any way related to the equipment or services provided by Company to Customer, Customer agrees to indemnify, defend and hold Company harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys' fees. Customer’s duty to defend is separate and distinct from Customer’s duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against Company and regardless whether Company has been found liable or whether Company has incurred any expense.
Ownership. The equipment used to provide services to Customer is owned by Company and/or the property owner as set forth in the service agreement. Company has the right, upon termination of that Agreement, to remove, disable or abandon all or any portion of the equipment pursuant to the terms of the service agreement. Customer will provide Company access to any equipment for removal, and Company will have no obligation to repair or redecorate Customer’s premises after any such removal.
Assignment. Customer may not assign this Agreement without prior written consent from Company. Company does have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without my approval and without notice to me.
Delays. Company has no responsibility or liability to Customer for delays in the installation or repair of the Company facilities, regardless of the reason. Company has no responsibility or liability for interruptions of service or any resulting consequences, whether due to strike, riot, flood, fire, terrorism, act of god or any other cause within or beyond Company's control. If there are service interruptions, Company has no obligation to supply Customer with substitute services.
Electronic media; personal information. Customer consents to Company's use of Customer’s personal information and that of third parties provided by Customer for the purpose of setting up and administering Customer’s services (including credit approval, invoicing, collecting and providing information on new equipment or services). Customer has obtained the consent of the third parties, whose personal information they have provided to Company, to use such personal information for the administration of Customer’s account with Company and as provided in this Agreement. Company may collect (including Customer’s consent to record telephone conversations with Company's representatives), use, disclose and transfer Customer’s personal information, and that of third parties provided by Customer, to Company's parents, affiliates, subsidiaries and successor corporations, any subcontract or assignee of this Agreement or any applicable authority having jurisdiction that requests such information to administer services, Company facilities license, permit or similar programs.
Billing & Payments Customer consents to Company's automatic billing for services selected durring signup. Customer understands that this authorization will remain in effect until Customer cancel any services in writing, and Customer agrees to notify Vicidiem in writing of any changes in my credit card information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, customer understands that the payments may be executed on the next business day. Customer certifies that Customer is the authorized user of this credit card and will not dispute these scheduled transactions with their bank or credit card company; so long as the transactions correspond to the terms indicated in this authorization form.
Privacy Policy. Customer’s use of the bandwidth servcies under this Agreement is subject to Company’s privacy policy.
Amendments. Company has the exclusive right to amend this Agreement at any time, without notice to Customer. Customer acknowledges that Customer’s subsequent use of the bandwidth services constitutes acceptance of any and all amendments to this Agreement as well as Company’s privacy policy.
Entire Agreement. This Agreement constitutes the entire Agreement between the parties. Customer is not relying on Company's advice or advertisements. Company is not bound by any representation, promise, condition, inducement or warranty, express or implied, that is not included in writing in this Agreement. The terms and conditions of this Agreement apply as printed without alteration or qualification, unless a change is approved in writing by an Company authorized representative. The terms and conditions of this Agreement shall control and govern even if there are other documents with inconsistent or additional terms and conditions. If a court determines that any provision of this Agreement is invalid or unenforceable, that provision shall be deemed amended and enforced to the maximum extent permitted by law. Each and every other provision of this Agreement shall continue to be valid and enforceable.
Privacy Policy
Vicidiem is your networks managed service provider. That means we manage the network that you are using to access the internet. When you utilize a network managed by Vicidiem, we create an account to verify you are an authorized user, as well as to help us provide better service. We collect certain information, including personally identifiable information about you. The purpose of this Privacy & Policy (the “Policy”) is help you understand what information we collect and how it may be used. Our Policy applies to any data network Vicidiem is managing. Our Policy applies to your use of our products and services. We will use reasonable efforts to provide you with notice of material changes to this Policy. Our Policy does not cover the information practices of other companies and organizations that provided bandwidth or related services, and that may use cookies, pixel tags and other technologies with a network environment or on the web.
Information We Might Collect
Whenever you do something like search for and or buy products or services online, watch a show, or download an application, information is created. In order to improve our services, products and relationship with you, we may collect different types of information that help us learn more about how you use the Internet. The information we collect when you are utilizing a Vicidiem managed network may be associated with you. The information collected can be information voluntarily supplied by you, as well as general usage information recorded as users (like you) navigate the web. Some of this information is personally identifiable information, however much of it is not. Personally identifiable information is information that identifies a particular person. We may collect information about the Internet services and sites you use and visit, and how you use them, like when you visit a website or view and interact with various content or watch a movie on Netflix. This information includes but is not limited to:
The type of device (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number) you are using to access the Internet.
When you view content on the Internet, the packet content meta data, and potentially the packet content. Internet protocol address device event information, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL cookies that may uniquely identify your browser or details of how you used the Internet, such as your search queries telephony log information, such as your phone number, calling party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls. We may also inadvertently collect usernames and passwords, credit card data and other sensitive data if such data is not being transmitted over a secure socket layer.
When you use the Internet, we may collect and process information about your actual location.
Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts various servers, such as for automatic updates.
Collecting and storing information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
We and our partners may use various technologies to collect and store information when you use the Internet, and this may include using cookies or similar technologies to identify your browser or device. We may also use these technologies to collect and store information when you interact with the services of our partners, such as advertising services.
We may use analytical tools to helps businesses and site owners analyze the traffic to their websites and apps.
How We Might Use Information We Collect
We use the information we collect to provide, maintain, protect and improve our services, to develop new services, and to protect Vicidiem its partners and affiliates, and our users. We may provide the name that you provide for your account along with the information we collect to our affiliates or other trusted businesses or persons to process it for us. In addition, we may replace past names associated with your account, so that you are represented consistently. If our partners or affiliates already have your email or other information that identifies you, we may show them your publicly visible information. We may display your profile name, and actions you take on the Internet or on third party applications connected to your account, including displaying in ads and other commercial content. We may use information collected from cookies and other technologies, like pixel tags, to improve your experience and the overall quality of our services. One of the products that we may use to do this is a data analytics tool, which may save information about you. We may analyze your content (including emails). When you contact us, we may keep a record of the contact, and use your email address to inform you about our services or the services or our partners and affiliates.
We aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems). Where we can provide information access and correction, we will do so free of charge, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information That We May Share
By virtue of setting up an account for you and agreeing to our terms and conditions, you have agreed to this Policy and have expressly given your consent for us to share the information you have provided, including personally identifiable information, along with any information we have collected with any of these groups, which may include information related to statistics regarding your account. We may provide personally identifiable information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Policy and any other appropriate confidentiality and security measures. We may provide these partners with information about the reach and effectiveness of various advertising, or if we may aggregate information so that it does not personally identify you. For example, we may tell demographic information such as 23-year-old male, in Utah, who likes Snapchat to these partners to help them understand their audience or customers. These groups may access statistics regarding applications that you install or access or retain information stored as part of your account. They may also receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request. Additionally, we may share personal information with companies, organizations or individuals if we have a belief, in good faith, that access, use, preservation or disclosure of the information is reasonably necessary to, meet any applicable law, regulation, legal process or enforceable governmental request. Enforce applicable Terms of Service, including investigation of potential violations. Detect, prevent or otherwise address fraud, security or technical issues. Protect against harm to the rights, property or safety of Vicidiem, our users or the public, as required or permitted by law. We may share aggregated, as well as personally identifiable information with our partners – like publishers, advertisers or connected sites. If Vicidiem is involved in a merger, acquisition or asset sale, we will use reasonable efforts to continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different Policy.
Information Security
We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information that we hold. Notwithstanding our efforts, we cannot guarantee protection of this information beyond a commercially reasonable standard. In the event an unauthorized disclosure occurs, we will take commercially reasonable steps to inform all individuals that are directly affected by the disclosure of the disclosure and the steps that may be necessary to protect themselves from additional harm such as identity theft. Vicidiem disclaims any and all liability for any harm that results from any unauthorized disclosure of the information it collects.
Compliance And Cooperation With Regulatory Authorities
We review our Policy for its compliance with all regulatory authorities. If we receive formal written complaints regarding this policy, we will contact the individual directly, and work with any appropriate regulatory authorities to resolve any complaints regarding the transfer of personal data that we cannot resolve directly.
Changes To Our Policy
Our Policy may change from time to time. We will post any changes, and if necessary, provide a more prominent notice. Your use of the network Vicidiem is managing is an express acceptance of the current Policy regardless of actual notice of any changes.