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TERMS OF SERVICE - Effective February 9, 2001
Here are the rules that govern the use of an JL Internet
Services (known hereafter as "THE COMPANY") Internet Account.
By virtue of having THE COMPANY's Internet Account, you agree
to these terms of service and are bound by them. If you do
not agree with the Terms of Service, please call our offices
at 540-992-5909 to cancel your service.
1. JL Internet Services (known hereafter as "THE SERVICE"),
as operated by THE COMPANY, is a computer operated interactive
communications, information and transaction service allowing
access to The Internet, bulletin boards, private networks
and other communications outlets. THE SERVICE is available
to THE COMPANY's customers (known hereafter as "Members")
through a Membership account (known hereafter as "Membership").
It is accessible through a Members personal computer, or other
access device and a communications connection (e.g. modem,
telephone line, router).
2. CAREFULLY READ the terms of this agreement, which governs
your use of THE SERVICE. THE COMPANY may modify this agreement
at any time and in any manner. Any modification is effective
immediately upon either a posting to this Terms of Service
webpage, Electronic Mail (known hereafter as "E-mail"), or
conventional mail. If any modification to this agreement is
unacceptable to you, you may immediately terminate your Membership
as provided in Section 17 below. Your continued use of THE
SERVICE following notice of any modification to this Agreement
shall be conclusively deemed an acceptance of all such modification(s).
YOUR PRIVACY IS PARAMOUNT TO US, AND WE DO NOT SHARE YOUR
PRIVATE INFORMATION. THE COMPANY does not make any of the
personal information you have provided us available to any
private or public entity outside of THE COMPANY, unless specifically
requested and/or lawfully subpoened by a government or law
enforcement agency. Information not shared and kept private
includes but is not limited to; names, addresses, phone numbers,
E-mail addresses, and/or payment information. We do not sell
or trade this information to other third parties. We have
appropriate security measures in place to protect against
the loss, misuse or alteration of information that we have
collected from you.
THE COMPANY will not sell or provide your E-mail address
to any third party for the sole purpose of soliciting you
to purchase information, products or services via mass or
"Spam" mailings.
3. THE COMPANY grants to you (known hereafter as a "Member")
a non-exclusive, non-transferable right to access, use and
display THE SERVICE on any machine(s) of which you are the
primary user. Member may not, however, maintain access to
THE SERVICE on more than one modem at any given time. THE
SERVICE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY, ITS
EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY;
NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
4. You understand that except for information, products,
or services clearly identified as being supplied by THE COMPANY,
neither THE COMPANY, nor any of its affiliates, operates or
controls any information, products or services accessible
through THE SERVICE in any way and that; except for such THE
COMPANY identified information, products, or services, all
information, products, or services offered or made available
or accessible through THE SERVICE are offered or made available
or accessible by third parties who are not affiliated with
THE COMPANY or its affiliates. YOU EXPRESSLY AGREE that use
of THE SERVICE is at your SOLE RISK and YOU AGREE that any
information, product, or service accessible through THE SERVICE
is WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY AND ITS AFFILIATES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
5. Member may order and purchase information, products, or
services from other Members and users of other communications
outlets, including The Internet. Member acknowledges that
all transactions concerning third party (known hereafter as
"Seller") information, products, or services, including but
not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between Seller
and Member. THE COMPANY makes no warranties or representations
whatsoever with regard to any information, products, or services
provided by Seller. THE COMPANY shall not be a party to a
transaction between Member and Seller, or be held or made
liable for any cost or damage arising either directly or indirectly
from any action or inaction of Seller or Member.
6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE
COMPANY, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF OR INABILITY TO USE THE SERVICE including but not
limited to reliance on any information obtained on THE SERVICE;
or that result from mistakes, omissions, interruptions, deletion
of files or e-mail, errors, defects, viruses, delays in operation,
or transmission, or any failure of performance, whether or
not limited to acts of God, communications failure, theft,
destruction or unauthorized access to THE COMPANY's records,
programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION
SHALL APPLY WHETHER OR NOT THE COMPANY IS GIVEN NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION SHALL
APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH
THE SERVICE.
7. Member is responsible for all charges (e.g., telephone)
associated with connecting to THE SERVICE through an available
access number. THE COMPANY will not be responsible for any
long distance, or other phone charges that the Member may
incur connecting to THE SERVICE, and it is up to the Member
to determine THE COMPANY access phone number that is local
to the location in which the Member is using THE SERVICE.
Member is responsible for obtaining or providing all telephone
access lines, telephone and computer equipment (including
modems, routers, switches), or other access devices, necessary
to access THE SERVICE.
8. Member certifies to THE COMPANY that he/she is not a minor.
(A minor's parent or legal guardian may authorize a minor
to use his/her account(s) under supervision by the parent
or guardian). For purposes of identification, billing and
marketing, Member agrees to provide THE COMPANY with accurate,
complete, and updated information required by registration
to THE SERVICE (Member Registration Data), including Member's
legal name, address, telephone number(s), and applicable payment
data (e.g., credit card number, expiration date, bank routing
number, checking account number, etc). Member agrees to notify
THE COMPANY within thirty (30) days of any changes in Member
Registration Data. Failure to comply fully with this provision
may result in immediate suspension or termination of your
right to use THE SERVICE.
9. Accounts/Charges/Payment.
(a) This Agreement applies to all accounts, sub-accounts,
alternative account names associated with Member's principal
account. Each Member is responsible for the use of his/her/its
account(s) under any name on that account by any person, and
for ensuring full compliance with this Agreement by all users
of his/her/its account(s). THE SERVICE may not be transferred
by the Member to any other party without prior written approval
from THE COMPANY and is subject to any limits established
by THE COMPANY.
(b) Member is responsible for maintaining the confidentiality
of his/her/its passwords. Member is responsible for all activities
and charges resulting from use of Member's principal account
with THE COMPANY. Member agrees to pay all monthly Membership
fees, connect time charges, surcharges, applicable taxes and
other charges incurred by Member and/or his/her/its designated
users. In the event of a breach of security, Member will remain
liable for any unauthorized use of THE SERVICE until Member
notifies THE COMPANY by calling (800) 290-0461 (THE COMPANY's
Customer Care group).
(c) Current rates for using THE SERVICE may be obtained through
THE COMPANY's website. THE COMPANY reserves the right to increase
fees, surcharges, monthly Membership fees or to institute
new fees at any time. THE COMPANY may reduce these fees at
any time without notice to the Member. In the event that a
Member's account is terminated or canceled, on-line time credited
to Member's account is not convertible to cash or other form
of credit. If THE COMPANY does not receive the full amount
of Member's account balance when due, THE COMPANY reserves
the right to suspend and/or terminate Member's access, and
$35 will be added to Member's bill as a late charge and shall
be due and payable. Restoration of access will be at the discretion
of THE COMPANY and may be limited to the period for which
past due payment has been rendered. Member shall also be liable
for all attorney and collection fees arising from THE COMPANY's
efforts to collect any unpaid balance of Member's account(s).
10. YOU UNDERSTAND that information available to you through
THE COMPANY's Service may include MATERIALS THAT ARE UNEDITED,
SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR OWN RISK. THE COMPANY HAS NO
RESPONSIBILITY FOR, OR CONTROL OVER SUCH MATERIALS.
11. Member recognizes that he or she is solely responsible
for the content of any information Member accesses through
the Service and that THE COMPANY will not monitor the Service
to examine the content passing through it. Member agrees that
if THE COMPANY is made aware of content that THE COMPANY deems
in its sole discretion to be unacceptable, undesirable, offensive,
indecent, obscene, excessively violent or otherwise objectionable,
THE COMPANY has the right, but not the obligation, to remove
or deny access to such content. Member expressly agrees that
THE COMPANY shall not be liable to Member for any action THE
COMPANY takes to remove or restrict access to such material,
nor for any action taken to restrict access to material posted
in violation of any law, regulation or rights of a third-party,
including, but not limited to, rights under the copyright
law and prohibitions on libel, slander and invasion of privacy.
Member recognizes that THE COMPANY's actions with respect
to all such material may include restriction, suspension or
termination of Member's access privileges and/or deletion
of the objectionable material.
12. Member acknowledges that he/she/it is expressly prohibited
from utilizing THE SERVICE, THE COMPANY's equipment, or any
E-mail, domain, IP or other electronic address THE COMPANY
owns or provides the Member, in connection with the sending
of the same or substantially similar unsolicited electronic
mail message, whether commercial or not, to a large number
of E-mail or Usenet (newsgroup) recipients (commonly know
as "spamming"). This prohibition extends to the sending of
unsolicited mass mailings from another service which in any
way implicates the use of THE SERVICE, THE COMPANY's equipment,
or any E-mail, domain, IP or electronic address THE COMPANY
owns or provides the Member. A message is unsolicited if it
is posted in violation of a USENET or newsgroup charter, and/or
if it is sent to an E-mail recipient who has not requested
or invited the message. For purposes of this provision, merely
making one's e-mail address accessible to the public shall
not constitute a request or invitation to receive messages.
Member specifically agrees that he/she/it will not utilize
THE SERVICE, THE COMPANY's equipment, or any E-mail, domain,
IP or electronic address THE COMPANY owns or provides the
Member in connection with the transmission of the same or
substantially similar unsolicited message to 50 or more recipients
or 15 or more Usenet or newsgroups in a single day.
For each day upon which this provision (Section 12) is violated,
Member agrees to pay THE COMPANY damages to compensate for
the lost goodwill such a violation causes. THE COMPANY reserves
the right to bill the Member who violates this provision,
and the Member who violates this provision agrees to pay,
the greater of $10.00 per unsolicited E-mail and/or Usenet
message sent or $1,000.00, as well as appropriate attorneys
fees. THE COMPANY, at its sole discretion, shall determine
whether a violation was unintentional or willful. Payment
by Member under this provision shall not prevent THE COMPANY
from seeking to obtain other legal remedies against Member,
including other damages or an injunction.
13. Member expressly agrees not to use THE SERVICE in a manner
that is prohibited by any law or regulation or to facilitate
the violation of any law or regulation. Member further agrees
not to use THE SERVICE in a manner that will disrupt a third
parties' use or enjoyment of THE SERVICE or other communications
services and outlets. Member acknowledges that prohibited
conduct includes, but is not limited to, use of THE SERVICE
to invade the privacy of third parties, create denial-of-service
data attacks against third parties or THE COMPANY, impersonation
of THE COMPANY personnel, transmitting via E-mail, USENET,
Chat service or the Member's personal webpage or website,
abusive, profane, libelous, slanderous, threatening or otherwise
harassing material and posting material in any USENET or newsgroups
that is off-topic according to the charter or other public
statement of the USENET or newsgroups. Member also agrees
not to use THE SERVICE to solicit other Members to patronize
competing Services, not to violate or tamper with the security
of THE SERVICE or attempt to utilize another Member's account
name or persona without authorization from that Member.
14. Member acknowledges that THE COMPANY shall not maintain
more than 5 MB of E-mail storage for Member and that Member
is responsible for ensuring that the level of E-mail storage
remains below this 5 MB limit. Member also understands that
E-mail will not be stored on THE COMPANY's mail servers for
longer than 120 days. Member expressly agrees that THE COMPANY
shall not be liable to Member or parties interacting with
Member for any damages resulting from actions THE COMPANY
takes to enforce this provision.
15. Member agrees that any personal webpage or personal website
Member publishes in connection with THE SERVICE is intended
for personal use and will not be used for commercial services.
To ensure that all Members can use and enjoy the Service,
Member agrees that THE COMPANY is entitled to suspend or terminate
access to any Member's webpage or website if THE COMPANY determines
that the webpage or website has, on any single day, received
download traffic of ten megabytes (10,000K) or more, or exceeds
the storage space allocated per the Membership agreement.
Member expressly agrees that THE COMPANY shall not be liable
to Member or parties interacting with Member for any damages
resulting from action THE COMPANY takes to enforce this provision.
16. Member acknowledges that THE SERVICE is intended for
periodic, active use of E-mail, Usenet newsgroups, file transfers
via ftp, Internet relay chat, interactive games and browsing
of the World Wide Web. Member agrees not to use to THE SERVICE
to operate server programs, including, but not limited to
mail servers, IRC servers, ftp servers or web servers. Member
further agrees not to use THE SERVICE on a standby or inactive
basis in order to maintain a connection. Automated electronic
or mechanical processes employed to maintain a constant connection
such as use of an auto-dialer, persistent checking of e-mail
or "pinging" the host are expressly prohibited.
Member agrees that THE COMPANY may terminate Member's connection
following fifteen (15) minutes of inactivity as determined
by THE COMPANY. THE COMPANY will allocate system resources
to provide the best possible service to all Members. THE COMPANY
reserves the right to limit, restrict or prioritize access
to system resources, including CPU time, memory and disk space.
17. Member recognizes that this Agreement continues only
for so long as the parties' mutually agree to continue it.
Either Member or THE COMPANY may terminate the Agreement and
Member's Membership at any time for any reason or no reason.
THE COMPANY may also restrict, suspend or terminate, without
notice, Member's access to and use of THE COMPANY Service
upon any breach of this Agreement. In the event of any termination
for breach of this Agreement, Member shall not establish a
new Membership with THE COMPANY for 30 days from the date
of termination. Member's only right with respect to any dissatisfaction
with any terms, rules, policies, guidelines, practices of
THE COMPANY operating THE SERVICE, change in the content of
THE SERVICE, or any change in the amount or type of fees charged
in connection with THE SERVICE, is to terminate Membership
by delivering notice in writing to THE COMPANY; by fax (as
noted on THE COMPANY's website), E-mail or written letter
to THE COMPANY.
Membership termination WILL ONLY be accepted by THE COMPANY
from the Member in writing, and the Member understands they
are responsible for all charges associated with the Membership
until Membership termination is received by THE COMPANY, in
writing.
Termination will become effective the day THE COMPANY receives
written notification of termination, or any future date specified
in writing by Member which is acceptable to THE COMPANY. Upon
termination of this Agreement, Member shall have no right
whatsoever (a) to obtain any credit(s) otherwise due to Member,
and such credit(s) will be forfeited, (b) to access through
THE SERVICE, any materials stored on THE COMPANY's servers
or The Internet or (c) to access any third-party providers
of services, merchandise or information on The Internet through
THE SERVICE, and THE COMPANY shall have no responsibility
whatsoever to notify such third-party providers, nor shall
THE COMPANY have any responsibility whatsoever for any damages
that result from the lack of such notification.
18. Upon request of THE COMPANY, Member agrees to defend,
indemnify and hold harmless THE COMPANY, its officers, directors,
employees, agents and licensees, from any claims and expenses,
including reasonable attorneys fees, arising out of or relating
to Member's use of THE SERVICE.
20. Interpretation and enforcement of this agreement shall
be governed by the laws of the State of Connecticut (excluding
its choice of law rules). Member consents to personal jurisdiction
in the federal and state courts of Connecticut for any action
arising out of or relating to Member's use of THE SERVICE.
The federal and state courts of Connecticut shall have exclusive
jurisdiction over all such actions. In any such action, the
prevailing party shall be entitled to recover all legal expenses
incurred in connection with the action, including but not
limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees.
21. This Agreement constitutes the entire agreement between
you and THE COMPANY with respect to THE SERVICE, and supersedes
all prior agreements between you and THE COMPANY. THE COMPANY's
failure to enforce any provision of this agreement shall not
be construed as a waiver of any provision or right. In the
event that a portion of this Agreement is held unenforceable,
the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remainder of the provisions
shall remain in full force and effect.
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