Safelink Internet’s dedication to customer service means that Safelink Internet strives to maintain an Internet Service that provides Safelink Internet customers with an enjoyable Internet experience, an experience that is free from interference by persons who use the Service in an improper or unlawful manner.
The following list On-line Policies and Prohibited Activities are part of this subscriber agreement. If you restrict or inhibit any other subscribers’ use or enjoyment of the Service by engaging in any of the activities prohibited below, Safelink Internet may suspend or terminate your account.
As explained in this subscriber agreement, your use of Safelink Internet Service must be governed by all applicable laws and regulations, including all applicable local, state, national and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud.
In addition to such laws and regulations, when using the Service you must use your best efforts to avoid interfering with any other person’s use and enjoyment of the Service. You must also ensure that your use of the Service is governed by the rules of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers and take the time to review the terms and conditions of this agreement. The activities listed in section 7 are not proper Internet conduct and are prohibited activities on Safelink Internet Service. Following these rules will ensure that everyone has an enjoyable Internet Service experience.
Safelink. Safelink Internet, LLC. Safelink
Internet Service.
Service. Safelink's Internet Access Service, Electronic-mail Service,
Newsgroup Service, Wireless Access Service, Filtering Service and any other service(s)
offered by Safelink to customer(s).
Customer(s). Person(s) agreeing to these terms and
conditions, including any individual(s) or companies that use, access, post, e-mail,
publish or contact Safelink or its subscribers.
Unlimited Use. Unlimited Use Internet Access means you
have an unlimited number of sessions per month.
Sessions. A Session consists of not more than 8 hours of
continuous, attended use followed by at least one hour of continuous non-use of service.
Any period of use that is not followed by at least one hour of continuous non-use shall
constitute a continuation of the prior session.
Attended Use, Use and Non-Use. Attended Use means that you are physically
present near your system and are actively controlling its function. Use consists of
maintaining a connection to the Access Service. Non-Use means you are not connected
to the Access Service.
Customer agrees to pay all charges incurred. Charges shall be invoiced monthly and payment shall be due upon receipt. Customer will pay all sales and use taxes, as well as duties or levies, including any long distance phone charges arising in connection with the service.
The term of the service for each customer connection is thirty (30) days and shall automatically renew for successive thirty (30) day terms at Safelink's current month-to-month rates.
To terminate the service, customer must provide Safelink thirty (30) days prior written notice, and any such termination may include termination charges. Customer may use and is required to pay for the thirty (30) days of service after written cancellation notice is received by Safelink.
(a) Safelink shall not be responsible for the installation, operation or maintenance of equipment or software provided or not provided by Safelink; nor shall Safelink be responsible for the transmission or reception of information by equipment or software provided or not provided by Safelink.
(b) Customer shall be responsible for the use and compatibility of equipment or software provided or not provided by Safelink which impair's customers use of service, customer shall nontheless be liable for payment of the service. Upon notice from Safelink that the equipment or software provided or not provided by Safelink is causing or is likely to cause hazard, interference or service obstruction, customer shall eliminate the likelihood of hazard, interference or obstruction.
(c) Customer shall pay Safelink to troubleshoot difficulties, repair or reconfigure equipment or software not provided by Safelink.
(a) Safelink shall operate and maintain the service. Customer shall be responsible for maintaining it's own equipment and software that interfaces with the service.
(b) Customer understands that customer and authorized users may access the Internet through the service. Customer assumes total responsibility and risk for all authorized users' use of the service and the Internet. It is solely users' responsibility to evaluate the accuracy, completeness and usefulness of all options, advice, services, and other information, and the quality of all merchandise, provided through the service or on the Internet generally.
(c) Customer understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Customer and authorized users' access such materials at customer's own risk. Safelink has no control and accepts no responsibility whatsoever for such materials.
(d) The service is provided on an "as is" basis and "as available" basis without warranties of any kind. No advise or information given by Safelink, its affiliates or its contractors or their respective employees shall create a warranty. Neither Safelink nor its affiliates warrants that the service shall be uninterrupted or error free or that any information, software or other material accessible on the service is free of virus or other harmful components.
(e) Under no circumstances shall Safelink, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from customer's use or inability to use the service or to access the Internet or any part thereof, or customer's reliance on or use of information, services or merchandise provided on or through the service.
(f) If customer is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of Safelink in operating the service, customer's sole and exclusive remedy is to terminate this agreement in accordance with Section 4 of this agreement and discontinue using the service.
(g) Safelink has no obligation to monitor the service. However, customer agrees that Safelink 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. Safelink 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.
For purposes of the Prohibited Activities, the term "information" means material of any type capable of being posted or transmitted on or through the Service, including material in print, graphic or pictorial form.
(a) "Ponger" programs. You agree not to make use of any
program which transmits data packets to the Service system simulating data traffic for the
sole purpose of keeping a connection open while you are away from your computer for
extended lengths of time. The length of time being defined as any time longer than 20
minutes.
(b) Unattended logins. You agree not to allow your computer to remain
connected to the Service unattended for any length of time longer than 20 minutes. The
only exception being the unattended downloading of large files.
(c) Multiple Access. You agree that this Agreement is not transferable.
You agree not to simultaneously access the Service for more than one session at any time
unless account includes such connections.
(d) Defamation. You agree not to post or transmit any fraudulent
information on or through the Service any information that is defamatory with respect to a
person, business or other entity, product or service.
(e) Fraud. You agree not to post or transmit any fraudulent information
on or through the Service. This means any information that you know or have reason to know
is false and that you intend for others to rely on.
(f) False Advertising. You agree not to post or transmit, on or through
the Service, any advertising or promotional materials that contain false, deceptive or
misleading statements, claims or representations.
(g) Unsolicited Advertising. You agree not to post or transmit any
unsolicited advertising, promotional materials or other forms of solicitation to other
Subscribers, individuals or entities, except in those areas (e.g. the classified areas)
that are designated for such a purpose.
(h) Copyright Violations. You agree not to post or transmit on or through
the Service any information that infringes another person’s or entity’s
copyright in all or any part of the information.
(i) Trademarks, Service Mark and Trade Dress Violations. You agree not to
post or transmit on or through the Service any information that infringes another
person’s rights in its trademark, trade dress or service mark.
(j) Trade Secret Violations. You agree not to post or transmit on or
through the Service any information that reveals trade secrets belonging to another
person, business, service or other entity.
(k) Obscenity. You agree not to post or transmit any obscene or sexually
explicit images or other content on or through the Service.
(l) Harassment, Threats and Abuse. You agree not to use the Service to
harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to
any person or entity, by any means, including the use of vulgar, hateful, racially,
ethnically or otherwise objectionable information.
(m) False Pretenses. You agree not to use the Service to impersonate any
person, including but not limited to, a Safelink Internet official or an information
provider, guide or host, or communicate under a false name or a name that you are not
entitled or authorized to use in all forms of on-line communication, including but not
limited to, screen names, subscriber profiles, chat dialogue, return electronic-mail
addresses, electronic-mail headers and message posting.
(n) Chain Letters. You agree to not post or transmit chain letters, or
letters or messages that offer a product or service based on the structure of a chain
letter, on or through the Service.
(o) Inappropriate Content. You agree not to post or transmit on or
through the Service information that is patently inappropriate material; e.g. information
or topics not related to the topics focused on by the participants in a particular news
group or mailing list.
(p) Disruptive Activities. You agree not to use the Service to disrupt
the normal flow of on-line dialogue or otherwise act in a manner that negatively affects
other Subscribers, users, individuals or entities.
(q) Violations of Service Providers’ Rules. You agree not to use the
Service to violate any operating rule, policy or guideline of any other on-line service
provider or interactive service.
(r) Abuse of Safelink Internet Procedures. You agree not to make false or
unverified complaints against any Safelink Internet subscriber.
(s) Systems Abuse. You agree not to abuse Safelink Internet’s system
by causing any harm to the system so that it inhibits other users ability to effectively
use the system.
(t) SPAM. You agree not to post or cross post, regardless of content, of
the same message to twenty (20) or more newsgroups.
(u) Unsolicited Electronic-mail. You agree not to post, publish, send or
relay unsolicited electronic-mail originating from Safelink's service or attempt to
deliver such unsolicited electronic-mail to Safelink customers.
Customer(s) or authorized user(s) that exceed the designated usage of their respective accounts or engage in any conduct or activity that Safelink in its sole discretion believes violates any of the any of the terms and conditions of this agreement will, at the discretion of Safelink:
9. MISCELLANEOUS.(a) Incur a $1.00 per hour charge, or a $100.00 per incident charge, whichever is greater.
(b) Be subject to immediate account termination.
(c) Agree to pay all reasonable costs incurred by Safelink for the handling and processing of violations, including all legal, accounting, technical and any other applicable costs and/or charges.
(a) Safelink's failure to insist upon or enforce strict performance of any
provision of this agreement shall not be constructed as a waiver of any provision or
right.
(b) This agreement shall be governed by and construed in accordance with the laws of the
State of Idaho, without regard to its conflict's of law provisions. Any cause of
action of customer 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.
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