VALUE LINK PLUS TERMS OF AGREEMENT
I certify that I am 18 years of age or older and that I am authorized to enroll in the Value Link Plus Service by the above-listed entity. I agree that I will be billed a total of $5.95 per month plus any applicable taxes and usage fees for this service. I understand that I will receive electronic and/or postal mail confirmation and detailed instructions on how to use the service within 5-7 business days from the date of enrollment. This communication will include the toll-free access numbers and detailed information on how to enjoy all the benefits of the service. In addition I understand that this is a recurring charge and will be automatically billed each month regardless of usage. If the allotted monthly usage is exceeded I agree to pay an additional 5 cents a minute for dial-up internet access, or 25 cents per fax-to-email transmission. I also agree that there are absolutely no commitments therefore the service may be cancelled at any time by either party. By clicking on “I AGREE, ENROLL ME” I agree to the “Terms of Service and Acceptable Use Policies” below. (Please do not continue with the enrollment unless you fully understand and agree with it.)
VALUE LINK PLUS TERMS OF SERVICE AND ACCEPTABLE USE POLICIES
These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Value Link Plus and your use of the Value Link Plus toll free dialup internet and fax to email bundle. By using your Value Link Plus account, you agree to all of the Terms and Policies set out in this document. These Terms and Policies form a legal document that sets forth your rights and obligations as a Value Link Plus subscriber.
1. General Terms and Policies. Value Link Plus is a private company providing a commercial gateway to the Internet via toll free dialup Internet access services in addition to fax to email services. Value Link Plus’s equipment and facilities may be used to access the World Wide Web, newsgroups and private networks, transfer files, send electronic mail (using third-party email providers), and otherwise participate in legal aspects of the Internet (these uses are referred to in this document as "the Service"), subject to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). To become a Subscriber, you must be at least 18 years old (if a natural person) or authorized to enter into binding legal agreements (if on behalf of a legal entity.)
Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and shall not thereafter use or attempt to use the Service.
Value Link Plus grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Value Link Plus.
2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you. Upon request by Value Link Plus, you agree to provide the full name and a physical address for all persons using the Service through your account.
3. Prices and Charges. The charges for the Service are as posted at valuelinkplus.com.
In calculating session length Value Link Plus reserves the right to rate in one minute increments with any partial minute counting as one full minute. Termination for failure to properly pay for the Service does not remove your responsibility to pay all fees incurred up to the date that Value Link Plus terminates your account. If Value Link Plus incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
4. Term. The Service is provided to you on a recurring monthly charge basis.
5. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Value Link Plus to suspend or terminate your account. You agree that Value Link Plus has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail messages ("spamming"), "bulk" being defined as sending the same or substantially similar messages to more than 25 email users in a single day; this ground for suspension or termination is separate from and in addition to fees which will result from such activity;
c. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;
d. Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in electronic mail or postings, or using any other method to disguise the sender’s identity or location;
e. Excessively using the Service in such a way as to limit the bandwidth available to others, or the use of ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection;
f. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter;
g. Using the Service to operate server programs, including, but not limited to mail servers, IRC serves, game servers, ftp servers, Web servers, or streaming audio/video servers.
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party systems without the express permission of the operator of such system;
j. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet, or to monitor data or traffic on any network or system without the express authorization of the owner of the system or network;
k. Using the Service for mail-bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
l. Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s);
m. Using the Service to forward or post "chain letters" (multiple forwarding) of any type, or to post the same or similar messages to one or more Usenet or other news groups, forums, or email mailing lists in an excessive manner ("excessive" being defined as posting the same or substantially similar messages to ten or more groups in a single day);
n. Attempting to cancel, supersede, or otherwise interfere with e-mail or postings other than your own;
o. Engaging in harassment, whether through language, frequency, or size of messages;
p. Using the Service to engage in attacks on computer systems, including overburdening (or attempting to overburden) a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks, or by means of viruses or software designed to create a virus or to do harm to any person or network;
q. Doing in any of the foregoing by using the services of another provider, but channeling such activities through the Service; or,
r. Furnishing false data on your sign-up form, contract, or online application, (including providing fraudulent payment information) or failing to provide the full name and a physical address for all persons using the Service through your account upon request by Value Link Plus. No credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Value Link Plus may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
Value Link Plus may investigate suspected violations of these Terms and Policies. During the investigation, Value Link Plus may suspend or terminate your account. If, as a result of any such investigation, Value Link Plus believes that any criminal activity has occurred, Value Link Plus reserves the right to refer the matter to, and to cooperate with, appropriate law enforcement authorities. YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST VALUE LINK PLUS, AND TO HOLD VALUE LINK PLUS HARMLESS AND INDEMNIFY VALUE LINK PLUS WITH RESPECT TO ANY CLAIMS RELATED TO ANY ACTION WHICH VALUE LINK PLUS TAKES AS PART OF SUCH AN INVESTIGATION OR AS A RESULT OF ITS DETERMINATION THAT A VIOLATION OF THESE TERMS AND POLICIES HAS OCCURRED.
6. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Value Link Plus as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
7. Intellectual Property. Value Link Plus does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service.
8. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Value Link Plus, neither Value Link Plus nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Value Link Plus neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Value Link Plus is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).
You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Value Link Plus’s equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Value Link Plus and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree that, should you use the Service to send or receive voice communications, Value Link Plus is not acting as a telecommunications carrier or telephone company, that there is no representation made by Value Link Plus as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Value Link Plus has no liability of any sort for the failure or lack of quality of such use of the Service.
VALUE LINK PLUS’ ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE SHALL BE CANCELLATION OF YOUR ACCOUNT AND THE REFUND OF ANY UNUSED PORTION OF YOUR PAYMENT. IN NO CASE SHALL VALUE LINK PLUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE.
You agree to be liable for any damages or loss of service which results in damages to Value Link Plus as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.
9. Warranty. VALUE LINK PLUS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD VALUE LINK PLUS ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY VALUE LINK PLUS OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY VALUE LINK PLUS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; VALUE LINK PLUS DOES NOT WARRANT THAT THE SERVICE OR ANY SUCH SOFTWARE WILL BE ERROR-FREE AND/OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. VALUE LINK PLUS DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES. VALUE LINK PLUS MAY CHANGE, SUSPEND, OR DISCONTINUE ANY (OR ALL) ASPECTS OF THE SERVICE AT ANY TIME. VALUE LINK PLUS DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON A REMOTE COMPUTER BY MEANS OF THE SERVICE; YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY SUCH DATA.
10. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Value Link Plus has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
11. Dial-up Connection. Value Link Plus may terminate a Subscriber’s connection following 180 minutes of inactivity as determined by Value Link Plus in its sole discretion.
12. Privacy. Value Link Plus commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Value Link Plus will not provide names, addresses, telephone numbers, e-mail addresses, other personally identifiable information on any Subscriber, or the routing or content of messages to any third party except (1) with prior written permission from that Subscriber, (2) as required under an appropriate court order, (3) as required under an administrative directive, including a facially valid subpoena, search warrant, or administrative investigative demand, (4) as necessary to render the Service (including enforcing these Terms of Service), or (5) as necessary (in Value Link Plus’ sole discretion) to protect the personal safety or property of a person or entity. Unless Value Link Plus is not permitted to do so by relevant law, Value Link Plus will endeavor to notify the affected Subscriber prior to releasing information under items (2) and (3) in the preceding sentence. Value Link Plus will not disclose, sell, rent or trade any personally identifiable information you provide when using the Service, unless you specifically permit Value Link Plus to do so. Value Link Plus may provide aggregate data on Subscribers to third parties in the operation of Value Link Plus’ business without notice to or permission from individual Subscribers. If Value Link Plus is ever sold or all or substantially all of its assets are transferred to another entity, Value Link Plus will transfer the information you have provided to the acquiring entity in order to ensure continuity of the Service.
13. Disputes. You agree that any dispute between you and Value Link Plus arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service (other than damage claims by Value Link Plus as set out in Section 8 above) which cannot be resolved between you and Value Link Plus will be submitted by the aggrieved party for binding arbitration.
14. Governing Law. These Terms and Policies are governed in all respects under the laws of the State of Delaware.
15. Amendments. These Terms and Policies may be amended in any respect at any time by Value Link Plus. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Value Link Plus, and any unused portion of fees you have paid for the Service will be returned to you within 60 calendar days.
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