Netlink Services, Inc. Terms and Conditions for accounts |
By connecting to the internet using Netlink, the user agrees to the following terms and conditions:
1. This account is to be used for internal purposes only and cannot be transferred, resold, or used by any other parties without express written consent from Netlink. In addition, the user is limited to one simultaneous login per system account in addition to any other limits.
2. The user uses the Internet services and any information obtained by using the Internet services at user’s sole risk. User shall indemnify and hold harmless NetLink against any and all liabilities, damages, and costs that result from any claims or actions that are asserted by any third parties that arise in any way out of user’s use of the Internet services, unless such claims or actions are attributable to wrongful acts of NetLink. NetLink makes no warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to the use or provision of the Internet services. User assumes total responsibility and risk for use of the service. NetLink expressly disclaims any warranties of title or noninfringement. NetLink and its vendors and suppliers will not be liable for the services offered, including but not limited to any cost or incidental, consequential or indirect damages, including but not limited to lost data, information or profits, arising either directly or indirectly from any transaction or use of the service or inability to use the system. NetLink and its vendors and suppliers do not warrant the the service will be uninterrupted or error-free or that defects in the service will be corrected. Customer is responsible for all inside wiring. Customer is responsible for any and all repair charges. If a repair dispatch is performed and no trouble is found, there will be a minimum 1 hour of labor charged. The service and the software are provided on an "as is, as available" basis.
3. By accessing the Service, user (and persons who access account with or without permission of the user), agree to comply with the following policies. Upon violation of a policy, NetLink may do one or more of the following: (i) ask user to conform to the applicable policy; (ii) terminate user’s use of the Service; and/or (iii) in the case of sending unsolicited commercial email messages or posting unsolicited commercial newsgroup articles, assess to user’s account a $500.00 service maintenance fee. NetLink’s policies are: (i) User agrees to notify NetLink of any change to the telephone number, address, contact name or credit card number listed on the account; (ii) User may not register for the Service using false registration information and, if user does, user will be assessed a fee of $500.00; (iii) User may not post or transmit any message, data, image, program or file which contains viruses, worms, "Trojan horses" or any other code that has other destructive properties, nor publish a Web page: that would violate any law or regulation or the property rights of NetLink or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks; NetLink does not guarantee or warrant that files or emails available through use of the Service will be free of viruses, worms, "Trojan horses" or any other code that has destructive properties; and (iv) User also may not: interfere with another member's use of the Service; transmit email in sufficient quantity that it causes a degradation in the performance of the Service; use the Service to conduct illegal activity; forge, falsify or remove email or newsgroup header information; post the same article or any number of substantially similar articles to more than five (5) Usenet or any other newsgroups, forums, email mailing lists or other similar groups or lists within a twenty-four hour period; post any advertising or promotion of a commercial good, service, enterprise, or activity to any Usenet or any other newsgroups except those groups that are designated for such purpose; or send any unsolicited email messages that include the direct or indirect promotion of a commercial good, service, enterprise, or activity to more than twenty-five (25) email addresses within a twenty-four hour period. As stated above, NetLink will assess user’s account a $500.00 service maintenance fee for violation of this policy..
4. Netlink reserves the right to suspend or cancel the user's membership for improper use and/or conduct which includes, but is not limited to the following:
a. Violation of any Federal or State law.
b. Storage and/or transmission of information, data, or material protected by copyright,
trade secret, or other statue.
c. Using the Internet connection for unauthorized entry into other computer networks,
facilities, or communication devices.
d. Activities deemed as harassment of individuals on the Internet and/or Netlink's
network.
e. Spamming or any form of unrequested mass emailings.
5. User agrees to pay all billed amounts due NetLink plus applicable taxes and fees when due. User authorizes NetLink to charge any amounts due by user pursuant to the terms of the billing option selected. If user chooses “invoice” billing and NetLink is unable to collect payment for any reason, the credit card number provided will be billed for any and all outstanding charges. NetLink may change any charge or fee for the Service with 30 days notice to user. Use of the Service will begin when the installation is complete. User may terminate the Service by delivering notice to NetLink provided that any agreed to term is completed . Cancellations require 10 business days to process. A cancellation number will be issued and should be retained for user’s records. Service fees will not be prorated for cancelled services and set-up fees are non-refundable. NetLink may terminate user’s use of the Service for non-payment of Services or violation of these terms and conditions. If user’s account is terminated prior to the completion of any agreed-to term, NetLink will assess user an early termination cancellation charge of $100. On termination, user agrees to discontinue use of the Service. NetLink will delete user’s account, including Web pages user may have created and all email messages stored on NetLink servers. NetLink makes no guarantee that user’s computer will function as it did prior to installation of the Service. The provisions of these terms and conditions concerning payment, copyright, use of the Service, and indemnification will survive termination of the Service. If user’s account is terminated for violating these terms and conditions, user may not register for the Service again without permission, which can be obtained by writing to NetLink Services, Inc., PO Box 447, Twinsburg, OH 44087. If user re-registers for the Service without permission, user will be assessed a fee of $500.00. Prepaid fees and discounted services are nonrefundable when cancelled early, other cancellations have a $15.00 special handling fee. Any accounts that are passed for collections are subject to a $30.00 collection fee. User will be charged a $30.00 fee for all checks returned NSF. Post dated checks will be charged a $5.00 special handling fee.
6. Use of our systems to send junk emailings (spaming) is strictly forbidden, whether it is by e-mail or via newsgroups. If a spam contains any links to Netlink services (e-mail address, IP address, or a site we host) or in any way involves the use of Netlink Services network or accounts we may discontinue service to this account if our investigation shows that the account was spamming.
7. Netlink has the right to modify and/or change at any time its services, rates, or policies.
8. NetLink will deliver notices to user by means of written communication delivered by first class U.S. mail to above address. User may give notice to NetLink by sending a letter delivered by first class U.S. mail to the following address: NetLink Services, Inc., PO Box 447, Twinsburg, OH 44087. The Service will be governed and construed in accordance with the laws of the State of Ohio.
THE ABOVE TERMS AND CONDTIONS ARE IN ADDITION TO ANY OTHER TERMS AND CONDITIONS, IF ANY,
THAT THE USER MAY HAVE AGREED TO.