Terms of Services
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Terms of Services |
LOCK-NET's Terms
of Service
WARNING: PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE OPENING OR CONTINUING A DIAL-UP ACCOUNT WITH LOCK-NET.COM.PLEASE
ALSO FAMILIARIZE YOURSELF WITH LOCK-NET.COM'S ACCEPTABLE USE GUIDELINES.
These Terms and Conditions,in conjunction with Acceptable Use Guidelines,
represent the complete Agreement and understanding between Infinity Inc. doing
business as LOCK-NET.COM ("LOCK-NET.COM") and you,the LOCK-NET.COM
subscriber ("Subscriber"), and supersede any other written or oral
agreement pertaining to your LOCK-NET.COM services, other than applicable
software license agreements. By using LOCK-NET.COM services or LOCK-NET.COM
software, or both, you agree to be bound by and to comply with this Agreement,
just as if you had signed it. Violation of any provision of this Agreement is
grounds for immediate termination of your LOCK-NET.COM account.
IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS AGREEMENT, YOU SHOULD
IMMEDIATELY END YOUR USE OF LOCK-NET.COM SERVICES AND LOCK-NET.COM SOFTWARE, AND
NOTIFY THE LOCK-NET.COM SO THAT LOCK-NET.COM MAY INITIATE A CLOSURE OF YOUR
ACCOUNT.
1. A list of ways to contact LOCK-NET.COM and the LOCK-NET.COM is available on
the World Wide Web at http://www.LOCK-NET.COM. Specific questions about this
Agreement should be directed to webmaster@LOCK-NET.COM.
2. Upon notice published on-line via LOCK-NET.COM services, LOCK-NET.COM may
modify the Terms and Conditions or the Acceptable Use Guidelines, amplify them,
and/or modify the prices of its services, as well as discontinue or change the
services offered. Your continued use of LOCK-NET.COM's services following such
notification will be deemed acceptance of the modification.
2a. SPAM and UCE/UBE: Lock-Net does not allow it's
network to be used nor does it allow any of its customers to use its network or
servers to distribute or mail out via electronic mail SPAM or UCE/UBE
(Unsolicited Commercial E-mail or Unsolicited Bulk E-mail). If a Lock-Net
customer uses or attempts to use the Lock-Net network/servers to send SPAM and
UCE/UBE, the customer's account will be terminated and the customer's
information will be turned over to the authorities for handling.
3. Subscriber acknowledges that Internet sites and use of the Internet might
consist of, include and/or provide access to images, sound, messages, text and
other content and material that may be unsuitable for children and that may be
objectionable to many adults. Subscriber acknowledges that LOCK-NET.COM is not
responsible for any such content or material and agrees that access to same
through use of the Service is at Subscriber's sole risk. Subscriber acknowledges
that, when using the Internet, Subscriber generally is using a physical network
and accessing content, information and other services not owned, supported,
monitored or controlled by LOCK-NET.COM. Subscriber acknowledges that safeguards
relative to copyright, ownership, decency, obscenity, reliability and integrity
of content may be entirely lacking with respect to the Internet and content
accessible through it. Subscriber assumes all risk and liability of its use of
the Internet, including continuous compliance with this Service Agreement. You
understand further that the Internet contains unedited materials some of which
are sexually explicit or may be offensive to you. You access such materials at
your own risk. LOCK-NET.COM has no control over and accepts no responsibility
whatsoever for such materials.
4. Subscriber is responsible for and must provide all telephone and other
equipment and services necessary to use the Service. Subscriber represents that
he/she is at least 18 years of age and has the right and ability to enter into
this Service Agreement. Subscriber is responsible for installing, establishing
and setting up the account(s) and parameters under which the Service will be
used; these account functions may be performed only by a person at least 18
years of age, without exception.
5. Unless otherwise agreed, Subscriber's right to use the Service or to
designate users is not transferable and is subject to any limits established by
LOCK-NET.COM, or by Subscriber's credit card company or other billing
institution, as applicable.
6. You agree to provide LOCK-NET.COM with accurate and complete billing
information, including your legal name, address, and telephone number, and to
update this information within 30 days of any change to it. Payment for a LOCK-NET.COM
account or service by fraudulent means will result in immediate and permanent
termination of the account, and possible criminal penalties.
7. Your LOCK-NET.COM account will be considered delinquent if your credit card
company refuses for any reason to pay the amount billed to it. Accounts that are
delinquent may be suspended, archived, or purged from the system. Suspended
accounts continue to accrue charges until reinstated or canceled, even if the
account is not used by the Subscriber. You acknowledge responsibility for any
account you have opened until payment in full is made.
8. LOCK-NET.COM reserves the right to charge a service reconnection fee to
reinstate suspended accounts.
9. There is a $25.00 service charge for each returned check.
10. If you believe LOCK-NET.COM has billed you incorrectly, you must contact
LOCK-NET.COM no later than 90 days after the closing date on the first billing
statement in which the error or problem appeared, in order to receive an
adjustment or credit. Inquiries should be directed to LOCK-NET.COM and should
include all available information about the suspected error.
11. LOCK-NET.COM's Address: PO Box 51771, Knoxville TN 37950 phone: 865-693-4455
12. When your credit card expires, LOCK-NET.COM, in its discretion, may either
assume that your card has been renewed for one year, or require that you furnish
updated credit card information, including the new expiration date and any other
information needed to process your account payments. If LOCK-NET.COM is unable
to obtain payment from your credit card bank because you have not renewed your
card, because your credit card information has become outdated, or because you
have not provided new information to LOCK-NET.COM when requested, LOCK-NET.COM
may consider your account to be delinquent by more than one account cycle and
suspend, archive or purge your account
13. To cancel your account, you must contact LOCK-NET.COM via e-mail, fax,
postal mail or phone. Cancellation requests must include the account's login
name, and your name, address and phone number and other identifying information
as they appear in LOCK-NET.COM's billing records. If the information provided to
LOCK-NET.COM for an account does not match the account's records, cancellation
may be delayed or prevented.
14. LOCK-NET.COM may terminate any account, without cause or notification to the
Subscriber, at any time.
15. LOCK-NET.COM may terminate sessions at any time, with or without
notification to the subscriber, at LOCK-NET.COM sole discretion.
16. All cancellation requests must be received by 5:00 PM Eastern time on the
28th of the current month in order to be processed before the beginning of the
next accounting cycle.
17. All LOCK-NET.COM charges must be paid in full before a cancellation will be
considered complete. Service charges will extend to the end of the month in
which the account is canceled.
18. If a LOCK-NET.COM account is canceled suspended or terminated, LOCK-NET.COM
may maintain the account for 30 days. You may contact LOCK-NET.COM within that
time to inquire about reopening a suspended account, or forwarding mail or files
to another address. LOCK-NET.COM reserves the right to refuse to forward the
mail and/or files of any account terminated for violation of any provision of
the Terms and Conditions or LOCK-NET.COM's Acceptable Use Guidelines. If you do
not contact LOCK-NET.COM within 30 days, your account and associated files will
be deleted from LOCK-NET.COM's servers, and LOCK-NET.COM will not be able to
reopen it or restore files. LOCK-NET.COM is not responsible for maintaining
material that it deletes from its servers as a result of a determination that
the material violates any provision of its Terms and Conditions, LOCK-NET.COM's
Acceptable Use Guidelines.
19. "As Is" Services. You acknowledge that LOCK-NET.COM services are
provided "as is". LOCK-NET.COM, its employees, agents, suppliers,
vendors and distributors make no warranty of any kind, either expressed or
implied, regarding the quality, accuracy, or validity of the data and/or
information available on its systems, or residing on or passing through its
interconnecting networks, or that LOCK-NET.COM services will be uninterrupted or
error free. LOCK-NET.COM expressly excludes any implied warranty of
merchantability or fitness for a particular purpose to the fullest extent
possible by law.
20. You also understand that LOCK-NET.COM cannot and does not guarantee or
warrant that files available for downloading through the Service will be free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
the Service for the reconstruction of any lost data. You assume total
responsibility and risk for your use of the service and the Internet. LOCK-NET.COM
does not make any express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or
non-infringement, or the implied warranties of merchantability or fitness for a
particular purpose) with regard to the service, any merchandise, information or
service provided through the service or on the Internet generally, and LOCK-NET.COM
shall not be liable for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility to evaluate the
accuracy, completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the service or on the
Internet generally. LOCK-NET.COM does not warrant that the service will be
uninterrupted or error-free or that defects in the service will be corrected.
The service and any software are provided on an "as is, as available"
basis.
21. Pursuant to the Electronic Communications Privacy Act of 1986, Title 18,
United Stated Code, Section 2510 and following, notice is hereby given that
LOCK-NET.COM does not provide by its system for sending and receiving private or
confidential messages. The system operator and anyone so designated by the
system operator can and may read messages transmitted to or from any account
holder.
22. Account holder agrees that LOCK-NET.COM has the right to monitor LOCK-NET.COM's
services electronically and to disclose any information as necessary to satisfy
any law, regulation, or other governmental request.
23. You agree to waive and hold LOCK-NET.COM harmless from any claims relating
to any action taken by LOCK-NET.COM as part of its investigation of a suspected
violation of this Agreement or as result of its conclusion that a violation of
this Agreement has occurred. This means that you cannot sue or recover any
damages whatsoever from LOCK-NET.COM as a result of LOCK-NET.COM's decision to
remove material from its servers, cancel a newsgroup posting, warn you, suspend
or terminate your account, or take any other action during the investigation of
a suspected violation or as a result of LOCK-NET.COM's conclusion that a
violation has occurred. This waiver applies to all violations described in the
Terms and Conditions and in The Acceptable Use Guidelines.
24. IN NO EVENT SHALL LOCK-NET.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE SUBSCRIBER'S USE
OF OR INABILITY TO USE LOCK-NET.COM'S SERVICES. LOCK-NET.COM'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY SHALL BE AT LOCK-NET.COM'S OPTION; EITHER RETURN OF
THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID,
OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS.
In any case, LOCK-NET.COM's entire liability under or arising out of this
Agreement shall be limited to the amount you paid for the service in the twelve-
(12) months prior to the act or injury that gave rise to the liability. However,
some jurisdictions may not allow a limitation on liability for negligence that
causes death or personal injury, and LOCK-NET.COM limits its liability in such
jurisdiction only to the degree allowed by the applicable laws.
CONNECTING WITH LOCK-NET PROVIDED SOFTWARE CONSTITUTES ACCEPTANCE OF THESE TERMS
OF USAGE.
Revised 06/08/04
Questions or comments,
please send mail to:
WEBMASTER@LOCK-NET.COM