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Introduction
This Acceptable Use Policy constitutes an Agreement between Ulink Internet
Services ("Ulink") and it’s account holders ("Customers") and System Users
("Users"). This Agreement applies to all Ulink Customers and all Users who
access Ulink Network Systems or Services. This Agreement represents the
complete agreement and understanding between Ulink and its Customers and
Users and supersedes any other written or oral agreement. Upon notice published
on-line via Ulink’s web site (http://www.ulink.net) or E-mail notification
to Customers, Ulink may modify the terms and conditions of this Agreement.
Ulink Reserves the right to discontinue or change any service offered with
or without prior notice.
By using or accessing any Ulink Network System or Service, you are constituting
your approval and acceptance of this agreement. Acceptance of this agreement
is a condition to use or access Ulink Network Systems and Services. If you
do not agree to these terms and conditions, you are not permitted to use
or access any part of the Ulink Network System or Services. If you are a
Customer, please notify our billing department at 1.866.339.7100 so closure
of your account may be initiated.
Terms and Conditions and
Acceptable Use
Limitation of Warranty
Ulink makes no warranties of any kind, whether expressed or implied, for
the service it is providing. Ulink also disclaims any warranty of merchantability
or fitness for a particular purpose. Ulink will not be responsible for damages
suffered by any Customer, including, without limitation, incidental or consequential
damages or lost profits. This includes loss of data or access resulting
from delays, non-deliveries, misdeliveries, system failures or service interruptions
cause by any source whatsoever, including Ulink’s own negligence, subscriber’s
errors or omissions, or due to the fault of third parties. Customers understand
and agree that Ulink undertakes no obligation to maintain, protect or safeguard
Customer’s data stored on any Ulink equipment and Customer agrees to accept
responsibility for maintaining backup copies of all such data. Customer
agrees to upload and store data to Ulink equipment at Customer’s own risk
and Customer expressly assumes such risk.
Compliance with Law
and Intellectual Property Rights
Customers and Users agree that all services provided by Ulink will be used
only for proper legal purposes and in a lawful manner. Transmission or publication
of any information, data, or material in violation of any U.S., State, or
International law or regulation is strictly prohibited. This includes, but
is not limited to, material protected by copyright, trademark, trade secret
law or any other law, as well as threatening, offensive, harassing, obscene
or pornographic material or content. Customers and Users warrant that any
data uploaded for publication on Ulink’s servers does not violate or infringe
any copyright, trademark, patent, statutory common law or proprietary interest
of others, or contains anything obscene, libelous, or anything which Ulink
deems inappropriate. Inappropriate content is always declared at Ulink’s
discretion.
Removal and Destruction of Illegal or Offensive
Data
Customers and Users agree that Ulink shall have the absolute right to remove
any and all materials, which, in the sole and unrestricted discretion of
Ulink, violate law or fail to conform with this Agreement and the acceptable
uses described herein. Such materials may be removed and destroyed at any
time, without prior notice.
Indemnity
Customers and Users agree to defend, hold harmless, and expeditiously indemnify
Ulink from any liability, claim, loss, damage, or expense arising out of
the Customer’s or User’s breach or violation of any term, condition, or
covenant contained in this Agreement or resulting from the use of any Ulink
Network System or Service.
Use of Network Access
Ulink access and accounts cannot be transferred or used by anyone other
than the Ulink Customer or authorized User, except when noted in an Agent
Contract. Customers and Users may not sell, lease, rent or assign an Internet
connection or parts of the connection to any party without the express,
prior written approval of Ulink via an Agent Contract. Use of Network bandwidth
is expected to be reasonable, moderate, and within means of billed services.
Ulink reserves the right to impose additional charges for use of Network
bandwidth in excess of reasonable or allocated amounts. Customer will receive
notice of Ulink’s intent to impose any such charges.
Account
Cancellation
Ulink reserves the right to cancel service for any reason without prior
notice. In the event of cancellation, unused fees for the current term will
not be refunded or pro-rated. Customers must notify Ulink prior to the end
of their current billing period to avoid further charges. Notification will
be accepted via e-mail, fax, telephone call, or letter. Confirmation of
cancellation must be received by customer for cancellation to be effective.
Ulink is not responsible for unconfirmed cancellations and will not refund
charges for unconfirmed cancellations. Customers canceling service within
the money back guarantee period (within 15 days of initial sign-up) will
have their monthly service fee fully refunded. Setup fees will not be refunded
except with Ulink’s discretion.
Agreements with Minors
Ulink requires that its agreements be made with a person who is qualified
to contract. As such, Customers must be over the age of eighteen (18) years.
Otherwise, a parent or guardian must accept this agreement and assume responsibility
for payment of Ulink services and for Customer’s compliance with this Agreement.
Disruption of Network Systems or Services, Excessive Use
Customers and Users shall ensure that use of Ulink’s Network Systems and
Services shall not disrupt Ulink, its associated networks or equipment forming
part of Ulink’s or the Internet’s systems. Customers and Users shall not
transmit any communication where the meaning of the message or its transmission
or distribution, would violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message may be mass distributed,
"broadcast," or otherwise sent on an intrusive basis to any Ulink User or
to any directly or indirectly attached network. Use of Ulink’s Internet
connection in a manner that is disruptive, damaging, unlawful, offensive,
or intrusive, as determined by Ulink shall be considered a breach of this
Agreement and may result in cancellation of service. It is not acceptable
to use Ulink’s services and facilities to interfere with or disrupt other
network systems, services, equipment, or users. Such interference or disruption
includes, but is not limited to: improper, harassing or offensive distribution
of unsolicited advertising, excessive newsgroup cross-posting, transmissions
of any type of quantity that causes disruption of service to others, propagation
of computer worms or viruses, use of the network or system to make unauthorized
entry to other computer networks, information or communications devices
or resources, sustained, excessive use of Ulink’s access service, equipment
or network connection without prior arrangement with Ulink.
Automated
Software and Connections, Servers
The installation, compiling, use, or implementation of any of the following
are prohibited without express permission: Robots, Bots, Mail Bombs, Syn
Bombs or Attacks, Spamming of any kind, etc. Any process that causes excessive
use of system resources to the point where other users may be affected is
strictly prohibited. Software may not be installed on or complied on any
Ulink server without prior explicit permission. The use of any unattended
connection software is prohibited without prior permission. All Ulink accounts
are for the use of human beings and require that a human being be present
to initiate and monitor connections. Ulink has a 20 minute inactivity timeout.
The use of any program to circumvent this timeout is strictly prohibited.
Any violation may result in immediate termination of service. Any Server
running through a Ulink access account must follow the terms and conditions
stated within this Agreement.
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