Qwest Broadband User Forum Terms of Use

Qwest Broadband User Forum

TERMS OF USE

Acceptance of Terms

Qwest Communications International, Inc., its affiliates and agents (“Qwest”) make the Qwest Broadband User Forum (the “Forum”) and the materials and services available for your access and use subject to the Terms of Use, the User Guidelines and any other guidelines or rules posted on the Forum (collectively, “Terms of Use”), all of which may be modified from time to time at Qwest’s sole discretion. The Terms of Use apply to all users of the Forum, including users who are also contributors of information and other materials. By accessing, browsing or using this Forum in any way, you agree to and are bound by the Terms of Use in effect at that time. The Terms of Use do not alter in any way the terms or conditions of any other written or online agreement you may have with Qwest. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access, browse or use this Forum. You should regularly check the Terms of Use to view the most current terms. Modifications to the Terms of Use will become effective upon posting to the Forum.

Failure to comply with the Terms of Use may result in the suspension or termination of your right to access, browse or use the Forum.

Related Policies (AUP, Privacy)

Your access and use of this Forum must comply with Qwest’s Acceptable Use Policy.

Qwest values your business and respects your privacy. The Qwest Privacy Policy summarizes what information we collect from you online and how we use and disclose that information. Qwest also collects personal information from customers offline.

Forum Purpose

The Forum is a user-to-user support forum that enables anyone who uses Qwest broadband products to meet and discuss various topics, resolve issues, ask questions, get tips and advice, and more. Please note that the Forum is not an official customer support channel for Qwest. If you require direct assistance please contact Qwest Technical Support directly by going to Qwest’s Broadband Technical Support page at qwhelp.com and then “Click for online chat.” At Qwest, we want the Forum to be appropriate, friendly, informative, and fun for all of our users. As a community forum, it is important to establish basic ground rules to ensure a positive experience for all users. Please refer to the User Guidelines for more information.

Registration

Users of this Forum are required to register in order to post. You are not required to register in order to access or browse the Forum. However, registration (via provision of a valid email address, screen name and password) and login are required in order to post to the message boards and adjust user settings.

The registration process requires you to enter your personal information. You will also be given the option to select a screen name that will appear when you post. By registering, you represent that all information provided in your profile is accurate, true, current and complete. Qwest may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Qwest, in its sole discretion, may refuse to grant, and you may not use, a screen name (or email address) for any reason, including, but not limited to use of a name that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that Qwest rejects for any other reason.

Posting/Submissions

The Forum permits the submission of suggestions (“Suggestions”), data, text, information, profiles, links and other content or other communications submitted by you and other users (collectively, “Materials”) and the posting, sharing, and/or publishing of such Materials. Any Materials posted, shared or published on the Forum may be removed by Qwest in its sole discretion at any time without notice to you and for any reason. You understand that whether or not such Materials are posted or published, Qwest does not guarantee any confidentiality with respect to any submissions. You agree to comply with the User Guidelines.

You shall be solely responsible for your conduct and any Materials that you submit, post or display on the Forum. In connection with the Materials, you warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Forum to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Materials to enable inclusion and use of the Materials in the manner contemplated by the Forum and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Materials (or their parents or legal guardians, if such persons are minors or otherwise incapable of providing consent) to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Materials in the manner contemplated by the Forum and these Terms of Use. Further, you give Qwest a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish the Materials. In addition to the right to publish, Qwest is also granted under said license the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Material in any media.

Suggestions

The submission of a Suggestion to Qwest through any portion of this site is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that Qwest may be working on the same or a similar concept, that it may already know of such concept from other sources, that it may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action. In return for Qwest’s review and consideration of your Suggestion, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as Qwest otherwise agrees in writing:

The Suggestion represents your own original work. You have all necessary rights to disclose the Suggestion to Qwest. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by Qwest review and/or use of the Suggestion.
You understand that disclosure of your Suggestion to Qwest does not establish a confidential relationship or obligate Qwest to treat the Suggestion (or any related materials) as secret or confidential.
You understand that Qwest has no obligation, either express or implied, to develop or use your Suggestion and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Suggestion, related Suggestions or ideas derived from your Suggestion. You understand that Qwest assumes no obligation with respect to any Suggestion unless and until Qwest enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your Suggestion. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
If your Suggestion is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Qwest.
Qwest will give your Suggestion such consideration as is warranted by its sole judgment. Qwest’s review of your Suggestion shall not be construed as any recognition of the novelty or originality of the Suggestion. Qwest is not obligated to give reasons for rejecting your Suggestion or to reveal Qwest’ activities that are related to the subject matter of the submitted Suggestion.
You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of Your Suggestion to Qwest is entirely voluntary, and (c) Qwest, directly or indirectly, may (i) be working on the same or similar concept or (ii) already knows of such Suggestion from other sources, or (iii) simply wishes to develop this Suggestion or something similar thereto on its own.

You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Qwest, you hereby irrevocably release and forever discharge Qwest and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Qwest and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Suggestion, including without limitation in respect of how Qwest and its affiliates and subsidiaries, directly or indirectly, use the Suggestion.

Moderators/Enforcement

This Forum is monitored by Qwest Moderators. Qwest Moderators may, from time to time, provide answers to questions. Only Qwest Moderators are authorized to represent Qwest on this Forum. Qwest employees continue to be bound by the Qwest Code of Conduct and other Qwest policies when accessing, browsing or using this Forum.

It is intended that users of this Forum seek and obtain answers to questions from other users, not from Qwest. If you need Qwest support for an issue you are experiencing, please see Qwest’s Broadband Technical Support page at qwhelp.com.

Appropriate Conduct and Content

You may link to materials on the Forum for personal, non-commercial purposes only. You may not use the Forum for any illegal or unauthorized purpose. Examples of illegal or unauthorized uses include, but are not limited to:

modifying, adapting, translating, or reverse engineering any portion of the Forum;
removing any copyright, trademark or other proprietary rights notices contained in or on the Forum;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Forum, except as otherwise allowed by Qwest;
collecting or harvesting any information about other users (including usernames and/or email addresses);
using the communication systems provided by the Forum for any commercial solicitation purposes or soliciting any users of the Forum with respect to their submissions;
reformatting or framing any portion of the web pages that are part of the Forum;
creating user accounts by automated means or under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as “spam”, or chain letters to other users or otherwise interfering with other users enjoyment of the service;
submitting Materials of any third party without such third party’s prior written consent;
directing any user (for example, by linking) to any Materials of any third party without such third party’s prior written consent;
submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Qwest or the Forum;
submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
submitting Materials that are unlawful or promote or encourage illegal activity;
submitting Materials that infringe another’s intellectual property rights (or allegations thereof);
submitting Materials which may be pornographic, obscene or defamatory; or
submitting false or misleading information.

You agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

Qwest reserves the right to decide whether Material is appropriate and complies with these Terms of Use. . Qwest reserves the right to remove any post or Material it deems objectionable for any reason in its sole discretion.

Links

This Forum may contain links to third party websites that are not owned or controlled by Qwest. Qwest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Qwest will not and cannot censor or edit the content of any third-party site. By using the Forum, you expressly relieve Qwest from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Forum and to read the terms and conditions and privacy policy of each other website that you visit.

International/Export

All information, materials and technology downloaded from this Forum by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree not to export or re-export to any country, or to any person, entity, or end-user subject to the U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of the Treasury’s Specially Designated nationals.

Copyright

This material may be used only for internal, informational, non-commercial purposes.
Any copy of the material or portion thereof must include this copyright notice.
You may establish a hypertext link to the Qwest Forum from your World Wide Web site so long as the page containing the link properly attributes the linked site to Qwest and does not in any way imply Qwest’s sponsorship of your site. However, you may not, without obtaining Qwest’s written permission, republish, redistribute or otherwise make any copies of the materials on the Qwest Forum, as a part of the link, including by framing or similar means, or otherwise.

No other use of the material within this Forum or portion thereof is permitted without the express written consent of Qwest.

Misuse of Content and Copyrighted Materials

Qwest has designated an agent to receive notifications of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you would like to file a DMCA notification, please complete and submit a DMCA Infringement Notification Form. Subscribers who feel that a DMCA infringement notification was filed in connection with their account in error may complete and submit a DMCA Infringement Counter Notification Form. The completed forms will automatically be sent to the designated agent.

Qwest handles all DMCA notifications it receives in accordance with its established procedures. Given the large volume of such notifications it processes, Qwest does not respond to status inquiries made in connection with any individual notification or series of notifications.

Content

Qwest uses reasonable efforts to include accurate, complete and current information on this Forum, however, Qwest does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. Qwest reserves the right to make changes and updates to any information contained within this Forum without prior notice.

Access to, and use of, this Forum and the content thereof is at the risk of the user. We have provided links to certain other World Wide Web sites solely for your convenience, and Qwest is not responsible for the content of any other sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Disclaimer

Any descriptions or comments about Qwest products and services are for informational and background purposes only and should not be solely relied upon in making any decisions about purchasing or using Qwest products and services. Instead, we recommend that you contact Qwest before making any purchasing decisions.

In no event shall Qwest, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages whatsoever resulting from any use of or inability to use the website, including without limitation (i) errors, mistakes, or inaccuracies of content and materials of Qwest products and services (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or any content and materials regarding any Qwest products and services,

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE FORUM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QWEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS IN CONNECTION WITH THE FORUM AND YOUR USE THEREOF. QWEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS FORUM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS FORUM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FORUM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FORUM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE FORUM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FORUM. QWEST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FORUM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QWEST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

Trademarks

Qwest and the Qwest logo are registered trademarks of Qwest Communications International, Inc. Qwest product and service names are marks of Qwest Communications International, Inc. Other product and service names may be trademarks of their respective companies. The absence of an identification of third party marks or the lack of an attribution of ownership of such marks on this Forum should not be construed as any claim of rights by Qwest.

Dispute Resolution

Any dispute arising out of, or relating to, this Forum shall be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrability of the dispute. The costs of the arbitration, including the arbitrator’s fees, shall be shared equally by the parties; provided, however, that each party shall bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys’ fees). The arbitration will be held in Denver, Colorado. The arbitrator has no authority to award any indirect, incidental, special, reliance, punitive, or consequential damages, including damages for lost profits. The arbitrator’s decision shall be final, binding, and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this Section (including non-payment of an award), then the non-complying party shall reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys’ fees).

Contributions

Any comments, suggestions or other information sent to Qwest is provided without restriction or obligation on Qwest and will not be held in confidence.

Consent to Monitoring

Qwest is under no obligation to monitor the material residing on or transmitted to this Forum. However, anyone using this Forum agrees that Qwest may monitor the Forum contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. Qwest reserves the right to modify, reject, or eliminate any material residing on or transmitted to the Forum that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms of Use.

Qwest systems and applications with access control may be used ONLY by authorized users. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring and to the use of any evidence of unauthorized access, use or modification for criminal prosecution.

Intellectual Property Rights

The content on the Forum, except the Materials submitted by users, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Qwest, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Forum is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Qwest reserves all rights not expressly granted in and to the Forum and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Forum for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Forum or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Forum or the Content therein.

Indemnity

You agree to defend, indemnify and hold harmless Qwest, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Forum; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, patent, property, or privacy right; or (iv) any claim that your Materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Forum.

Limitation of Liability

IN NO EVENT SHALL QWEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS FORUM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR FORUM, ITS CONTENT OR MATERIALS (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR FORUM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR FORUM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR ACCESS TO THIS FORUM AND ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FORUM, INCLUDING, BUT NOT LIMITED TO, ANY OTHER HYPERLINKED WEB STIE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QWEST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT QWEST SHALL NOT BE LIABLE FOR MATERIALS OR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AND QWEST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FORUM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL QWEST BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

The Forum is controlled and offered by Qwest from its facilities in the United States of America. Qwest makes no representations that the Forum is appropriate or available for use in other locations. Those who access or use the Forum from other jurisdictions do so at their own volition and at their own risk, and are responsible for compliance with local law.

Term and Termination

These Terms of Use will apply to your use of the Forum. To request that your account be cancelled, email your cancellation request to QwestForum.Feedback@qwest.com. Be sure to include the Login ID you use to sign into the Forum. Upon receipt of your request, Qwest will disable your account and you will no longer be able to login in the future. Cancellation of your account will not remove postings you have made in the past. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Forum. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Notices

Qwest may provide you with notices regarding the Forum or these Terms of Use by regular mail, email, or postings to this Forum.

Choice of Law

You agree that: (i) the Forum shall be deemed solely based in Colorado; and (ii) the Forum shall be deemed a passive website that does not give rise to personal jurisdiction over Qwest, either specific or general, in jurisdictions other than Colorado. These Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the City of Denver, Colorado.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Qwest without restriction.

General

Without limiting the foregoing, under no circumstances shall Qwest be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Use together with any other legal notices published by Qwest on the Forum constitute the entire agreement between you and Qwest with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Qwest’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.