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INTERLINK NETWORK GROUP, INC.
TERMS OF SERVICE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO YOU BY INTERLINK NETWORK GROUP, INC. D.B.A. INTERLINK INTERNET SERVICES ("INTERLINK" OR "THE COMPANY"). BY CLICKING THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, DOWNLOADING, OR USING THE INTERLINK SOFTWARE OR THE COMPANY'S INTERNET SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE COMPANY'S SOFTWARE LICENSE AGREEMENT, ACCEPTABLE USE POLICY, AND SUCH OTHER USER POLICIES AS THE COMPANY MAY ESTABLISH FROM TIME TO TIME.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AT THE END OF THIS DOCUMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE SERVICE, AND, IF YOU CURRENTLY HAVE AN INTERLINK ACCOUNT, YOU MUST CONTACT OUR OFFICES AS SPECIFIED IN SECTIONS 10 AND 11 WITHIN 30 DAYS OF RECEIPT OF THIS AGREEMENT.
Interlink provides the Service, defined below in Section 1, subject to your compliance with this Agreement. Other services provided by Interlink will not be subject to this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.
1. Service.
1.1 The Service includes: Internet access; Electronic mail ("email"); one or more electronic mail addresses (quantity determined by service type); and one Web site (storage limits determined by service type) on Interlink's server(s).
1.2 Any means of identification assigned to you by Interlink (including usernames and email addresses) will remain the property of Interlink and at Interlink's sole discretion may be altered or replaced at any time.
1.3 Interlink makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Interlink reserves the right to change the Service or any of its features at any time without notice.
1.4 Interlink shall have the right to modify this Agreement at any time in any manner with or without notice. Any modification shall be effective as of the date of posting on the Interlink Home Page at http://www.myhome.net/legal/tos.html. Continued use of the Service shall be deemed acceptance of Interlink's current Agreement.
2. Registration Requirements.
2.1 You must be at least 18 years old to register for the Service. By accepting this Agreement, you represent that you meet this age requirement. Minors who use the Service must have parental or guardian consent to do so.
2.2 You agree to provide Interlink with accurate and complete billing information including your legal name, mailing address, and telephone number. All changes to this information must be reported to Interlink within 30 days of the change.
2.3 By accepting this Agreement you agree that you will be responsible for all charges posted to your account until you cancel the account as specified in Section 11.
3. Fees.
3.1 You agree to pay Interlink all fees and charges for the Service including all applicable start-up fees, monthly or yearly flat-rate usage fees (or other rate plan as selected), product purchases, or any administrative fees. Except as outlined herein, setup fees are nonrefundable. Interlink does not issue pro rata refunds for fees or services paid in advance.
3.2 Unlimited Internet access is provided by Interlink with the following limitation:
LOCAL DIALUP ACCESS NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR INTERLINK DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL, METERED USAGE, OR OTHER CHARGES. INTERLINK IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
3.3 Current prices for Interlink services are posted on Interlink's Rate Chart at http://www.myhome.net/rateserv/. Prices may also be obtained by calling Interlink at 877-744-6638. Interlink reserves the right to change prices, institute new fees, or restructure packaged services at any time. Should Interlink change the price of a service you are currently subscribed to, Interlink will notify you 30 days prior to the rate change. Interlink does not issue pro rata fee refunds.
3.4 A service charge of $25.00 will be assessed to your account for each check that is returned to Interlink for insufficient funds.
3.5 Payments for all charges are due within 25 days from the date of the invoice. Any charges that are not paid within 25 days from the date of the invoice will be considered "past due" and "delinquent".
3.6 Delinquent accounts may, at Interlink's sole discretion, be suspended or canceled. If your account is suspended for delinquency or non-payment, regular charges continue to accrue until you suspend or cancel your account. Interlink may, at its sole discretion, charge a fee of $15.00 to reinstate a suspended account.
3.7 Interest charges will accrue daily on any past due unpaid balance on your account at the rate of 1.5% per month (or the highest rate permitted by law if lower than 1.5% per month) or a minimum of $1.00, whichever is greater.
3.8 You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.9 If you believe that Interlink has billed you in error, you must contact the Interlink Billing Department (per Section 11) within 30 days of Dated invoices or transaction date of the charge. Adjustments will not be given for any charges which are more than 30 days old.
4. Use of the Service.
4.1 You and members of your household are the only individuals who are authorized to access the Service thru your Interlink account. You must not permit anyone else to access the Service through your account and must ensure that all authorized users of your account comply with this Agreement.
4.2 You are responsible for maintaining the confidentiality of passwords used by you or members of your household.
4.3 You are responsible for all charges assessed as a result of use of your account. However, Interlink will not hold you responsible for charges attributable to an unauthorized user's access to your account without your permission, provided that you notify Interlink within 12 business hours of discovering any such unauthorized use and the unauthorized use is not attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.4 Except for software provided by Interlink, you are responsible for providing and maintaining all equipment and other software necessary to access the Service.
4.5 You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects Interlink to liability; or is in contravention of Interlink's Acceptable Use Policy. You agree to comply with all Interlink security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
4.6 You agree not to use the Service in a manner that will disrupt or interfere with any third parties' use or enjoyment of the Service or other communications. You further agree not to send any unsolicited email, commonly referred to as SPAM and SPAMMING.
4.7 You agree not to use the Service on a standby or inactive basis in order to maintain a connection but only on an as needed active "dial-up" basis. Automated electronic or mechanical processes employed to maintain a constant connection such as but not limited to: use of an auto-dialer, persistent checking of email or "pinging" the host server are expressly prohibited. Interlink reserves the right to disconnect a dial-up account on the Service if it is inactive for 20 minutes or more. Interlink shall have the right to electronically audit connections to enforce the above requirements.
4.8 You agree not to operate the Service for more than 4 hours continuously at any one time. Interlink shall have the right to interrupt the Service by disconnecting your session in such event.
5. Monitoring the Service; Disclosure of Member Information.
5.1 Interlink has no obligation to monitor the Service but may do so and may disclose information regarding you and your use of the Service to satisfy laws, regulations or governmental requests; to operate the Service properly; and to protect itself and its members.
5.2 Interlink will not disclose member information to outside persons or entities except as required by law. Interlink shall have the right to internally use customer information in any manner for any commercially lawful purpose.
5.3 INTERLINK, AT ITS SOLE DISCRETION, MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIREABLE, OR IN VIOLATION OF THIS AGREEMENT
6. No Warranties Provided by Interlink.
6.1 Except for certain products and services specifically identified as being offered by Interlink, Interlink does not control any information, products or services on the Internet and except for such Interlink-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Interlink.
6.2 YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERLINK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. INTERLINK MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH INTERLINK OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY INTERLINK OR ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
6.3 INTERLINK SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4 THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOU ARE NOT VIOLATING ANY LAWS REGARDING THE MATERIALS YOU ACCESS THROUGH THE SERVICE. INTERLINK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS OR ANY LIABILITY FOR ANY ACTION OR INACTION WITH RESPECT TO SUCH MATERIALS.
7. Your Remedies.
7.1 If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices your sole and exclusive remedy is to terminate this Agreement and to discontinue using the Service by canceling your account by one of the methods outlined herein.
7.2 UNDER NO CIRCUMSTANCES SHALL INTERLINK, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR ANY INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDE 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.
8. Indemnity.
You agree to defend, indemnify, and hold Interlink and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service though your account.
9. Term of Agreement.
This Agreement is effective from your acceptance thereof, which is indicated by your clicking the "ACCEPT" button at the end of this Agreement or upon the first use of the Service through your account, whichever is first. If you are a current Interlink member when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement. This Agreement shall continue in effect until either party gives the other party notice of termination as provided herein.
10. Termination of Agreement.
10.1 You may terminate this Agreement by using only the methods outlined in Section 11. Your termination will only be complete upon issuance of a confirmation number from Interlink. You will receive verbal confirmation if you cancel by telephone, and a written reply through U.S. mail if you cancel by mail or web form. EMAIL CANCELLATIONS WILL NOT BE ACCEPTED. Charges to your account will stop accruing the day we issue your confirmation number. Interlink does not issue pro rata fee refunds.
10.2 Interlink may terminate this Agreement at any time without cause upon 30 days prior notice; or immediately and without notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 or a failure to pay any charges within 45 days of the date they accrue.
10.3 You may terminate this Agreement at any time upon 30 days prior notice by using the methods outlined in Section 11. Failure to provide 30 days prior notice may cause additional charges to accrue on your account. You must provide notice as outlined in Section 11 to effect the termination of your account and this Agreement.
10.4 Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and you must destroy or return to Interlink all copies of software and documentation that you received from Interlink.
10.5 Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.6 Interlink's right to enforce the provisions of Sections 3,5,6,7,8,11, and 12 shall survive termination of this Agreement.
11. Notice.
11.1 You may change or cancel your Interlink account by the following methods only:
* First-class registered or certified mail, return receipt requested, addressed to Interlink Internet Services, Customer Service, P.O. Box 472, Rifle, Colorado 81650-0472.
* Telephone calls directed to Interlink Billing and Accounting at 877-744-6638. Telephone requests will be verified by use of the "secret word" you provided to Interlink for this express purpose.
11.2 Interlink may provide any notice to you by any of the following methods: Electronic mail (email) addressed to your email account; general posting to Interlink's web site at http://www.myhome.net; or by US Mail or courier service at the current address you have provided to Interlink. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
11.3 Interlink shall have the right to distribute information to its customers that it believes is informative in nature.
12. Miscellaneous.
12.1 Interlink's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
12.2 This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Rifle, Colorado with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and Interlink. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12.3 Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and Interlink, and/or your use of and/or Interlink's provision of systems and services thereunder, shall be brought and litigated, if at all, only in the state court system of the State of Colorado. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.
12.4 Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Interlink's prior written consent.
12.5 This Agreement, the Rate Chart, the Acceptable Use Policy, and the End-User License Agreement and any other agreements posted to or linked from http://www.myhome.net/legal/ constitute the entire agreement between you and Interlink with respect to the Service.
12.6 Interlink reserves the right to alter, amend or modify this Agreement at any time with or without notice. Any modification shall be effective as of the date of posting on the Interlink Home Page at http://www.myhome.net/legal/tos.html. No amendment or modification to this Agreement by you shall be valid or binding on Interlink unless made in writing and signed by both parties. Your continued use of the Service constitutes your acceptance of this Agreement.
Interlink Internet Services™ is a trademark of Interlink Network Group, Inc.
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