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Terms of
Service |
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| Along with access to various
features and services, LemooreNet membership includes
the basic responsibility of being a good netizen and following
the rules of the road. |
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| Please Note: The
provisions of this Policy are intended as guidelines and
are not meant to be exhaustive. Generally, conduct that
violates law, regulation, or the accepted norms of the
Internet community whether or not expressly mentioned
in this Policy, is prohibited. Lemoore Net reserves the
right to prohibit activities that damage its commercial
reputation and goodwill. |
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| Customer understand that
the use of the word "unlimited" does not imply
that staying logged on for excessive periods of time is
acceptable. Staying logged in for indeterminate periods
exceeding normal expected tolerance levels, and is only
permitted to users paying for Dedicated Access. Customer
also understands that LemooreNet has the right to refuse
service to anyone. |
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| 1 (a) Customer understands
that Customer and its customers or authorized users may
access the Internet through the Service. Customer understands
further that LemooreNet operates or controls the Internet
in any way, and that all merchandise, information, and
services offered or made available or accessible on the
Internet are offered or made available or accessible by
third parties who are not affiliated with LemooreNet.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR CUSTOMER'S
USE AND ITS CUSTOMER'S AND AUTHORIZED USERS' USE OF THE
SERVICE AND THE INTERNET. LemooreNet DOES NOT MAKE NAY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED
THROUGH THE INTERNET, AND THEY SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY CUSTOMER'S RESPONSIBILITY
AND CUSTOMER'S CUSTOMERS' AND AUTHORIZED USERS' RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICE AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE,
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. |
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| (b) CUSTOMER UNDERSTANDS
FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO SOME PEOPLE. CUSTOMER'S CUSTOMERS AND CUSTOMER'S
AUTHORIZED USERS ACCESS SUCH MATERIALS AT CUSTOMER'S
WON RISK. LemooreNet HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. |
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| (c) THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY
LemooreNet, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. LemooreNet DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT
ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE
ON THE SERVICE IS FREE OF VIRUSES, OTHER HARMFUL COMPONENTS. |
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| (d) UNDER NO CIRCUMSTANCES
SHALL LemooreNet, ITS EMPLOYEES OR ITS CONTRACTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY
FROM CUSTOMER'S (OR CUSTOMER'S CUSTOMERS' OR AUTHORIZED
USERS') USE OF OR INABILITY TO USE THE SERVICE OR ACCESS
THE INTERNET OR ANY PART THEREOF , OR CUSTOMER'S (OR CUSTOMER'S
CUSTOMERS' OR AUTHORIZED USERS') RELIANCE ON OR USE OF
INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH
THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS
IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. |
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| (e) If the customer is
dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines, or practices of LemooreNet
in operating Service, Customer's sole and exclusive remedy
is to terminate this Agreement in accordance with Section
2c (below) and discontinue using the Service. |
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| (f) LemooreNet has no obligation
to monitor the Service. However, Customer agrees that
LemooreNet has the right to monitor the Service electronically
from time to time and to disclose any information as necessary
to satisfy any law, regulation or other governmental request,
to operate the Service properly, or to protect itself
or its subscribers. LemooreNet will not intentionally
monitor or disclose any private electronic-mail message
unless required by law. LemooreNet reserves the right
to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion are
unacceptable, undesirable, or in violation of this Agreement.
LemooreNet will not sell customer information to any other
business or service unless requested by customer. |
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| (g) (1) Customer shall
pay, in accordance with provisions of the billing options
selected which are credit card (Master Card, Visa, American
Express, or Discover cards) or prepayment. Terms of payment
on all charges are net zero (0) in the currency which
is billed. If any payments due thereunder are not made
to LemooreNet than a violation of the LemooreNet "Terms
of Service" is detected, it may, at its sole discretion
and without notice to the customer (a) suspend its performance
under this agreement and the customers and its designated
user's access to use of service, or (b) terminate this
agreement and the customer's and its designated users
access to the Service. If customer's account becomes past
due and is changed to "ON HOLD" status, LemooreNet's
mail server will hold any incoming email until customer's
account is brought current, at which time customer will
then be able to download the email. After 30 days if customer's
account has not been brought current the account will
be terminated and all mail will be deleted. |
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| (g) (2) Violations of "TERMS
OF SERVICE" include but are not limited to: |
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| UNACCEPTABLE USE: Web server
connection or e-mail relay or any type of server functions. |
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| Long Connections and Multiple
Logins. Using a personal account for high volume or commercial
use is prohibited. The services are intended for periodic,
active use of email, newsgroups, file transfers, Internet
chat, games, and browsing the World Wide Web. Members
may stay connected so long as they are actively using
that connection for the above purposes. Members may not
use the service on a standby or inactive basis in order
to maintain a connection. Pinging is expressly prohibited.
Accordingly, LemooreNet maintains the right to terminate
any member's connection following any extended period
of inactivity as determined by LemooreNet. |
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| SPAMMING: Using
any LemooreNet account or server to send duplicative,
unsolicited e-mail messages (commercial or otherwise),
or to collect the responses from unsolicited e-mail, is
prohibited. Similarly, using any LemooreNet account or
server to post advertisements or messages that violate
the charter of any newsgroup or mailing list is prohibited.
LemooreNet reserves the right to make the determination
whether a given message violates the newsgroup or mailing
list charter. In most cases LemooreNet will defer to the
judgment of the newsgroup or mailing list moderator or
administrator. Commercial messages that are appropriate
under the charter of a newsgroup or mailing list, or that
are expressly solicited by the recipients, are permitted.
Conduct in connection with e-mailor Usenet news that is
an obvious nuisance (such as "mail bombing")
or that would be unlawful in other contexts (for example,
threats, harassment, defamation, obscenity, or software
piracy) is prohibited. |
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| IRC (Internet Relay
Chat): Using programs that interfere with others'
use, or running an IRC robot, on any IRC server is prohibited.
When logged into any IRC server, users are expected
to comply with the rules and policies established by
the server's administrator. |
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| Forgery of Identity:
Falsifying addressing information or otherwise modifying
headers to conceal the sender's or recipient's identity,
for the purpose of circumventing this Policy, is prohibited.
This provision is not intended to disallow the use of
aliases or anonymous e-mailers for any legitimate purpose. |
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| Copyright, Privacy,
and Intellectual Property: Using a LemooreNet connection
to commit, aid or abet any violation of copyright or intellectual
property law is prohibited. This prohibition includes
publishing a private e-mail message to third parties,
by any means, without the express prior consent of the
author. The e-mail addresses of LemooreNet subscribers
are not for sale or commercial distribution to third parties
without the express prior consent of the subscriber |
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| Cooperation with Other
Providers: Using LemooreNet's facilities to engage
in activities that violate Terms of Service of any other
network access provider is prohibited. For example, sending
unsolicited commercial e-mail through LemooreNet's facilities
to the subscribers of any Internet or online service provider
that disallows unsolicited commercial e-mail is prohibited. |
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| (2) Customers specifically
acknowledges that all accounts are self-renewing,
until canceled by Customer per section (2c). Customers
who use a credit card for Internet billing give LemooreNet
authorization to charge against the card holders account
until account is terminated as per section (2c) of this
agreement. Customer also agrees to pay such charges applied
to customers credit card. |
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| (a) Customer is responsible
for and must provide all telephone and other equipment,
software and services necessary to access the Service,
unless provided by LemooreNet upon sign-up. Customer is
responsible for all Long Distance phone calls made by
either human or computer error on all dial-in accounts. |
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| (b) Except as expressly
permitted by LemooreNet in writing customers may not redistribute
this service or resell access or service which they receive
from LemooreNet. Customers may not solicit directly any
LemooreNet customer for business or service. All accounts
are single user accounts, multiple account logons are
not permitted. |
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| (c) Customer specifically
acknowledges that customer must submit in writing to LemooreNet
to cancel service. (EMAIL MESSAGES ARE NOT ACCEPTED) LemooreNet
will not accept termination of customers account in the
form of a voice message. The only way for a customer to
terminate their account is to submit the termination of
LemooreNet in writing via, Fax, mail or in person. LemooreNet
will cancel your account upon receipt of the notification
of termination, If you have already been billed for service
though the end of the current billing month, no refund
of such charges will be made. Your account will be canceled
on the next due date. |
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| (d) Closed accounts will
have email accounts deleted after termination of account.
LemooreNet will have no responsibility for deleted email
on closed accounts. LemooreNet will not forward email
on closed accounts. |
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| (e) LemooreNet offers no
trial period. No refunds will be given on accounts created
online or in person past 30 days. Setup charges are not
refundable. |
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| (f) Consequences of Violation:
Violation of this TOS by a LemooreNet customer may result
in temporary suspension or permanent termination of service,
at LemooreNet's sole discretion. LemooreNet does not issue
service credits for any outages incurred through service
disablement resulting from Policy violations. Customer
is notified that any violation of our TERMS OF SERVICE
also voids any promotional discounts, free offers or offers
of "money back guarantee". In such case, no
refund of any kind will be processed. |
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| (g) Customer is notified
that these terms are subject to change without notice
and the most current terms are located at our web site
www.lemoorenet.com LemooreNet reserves the right to add,
delete, or modify any provision of this Policy at any
time without notice. |
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