User
Agreement
BY USING VIRGINIA
LINK INTERNET AND NETWORK MANAGEMENT, INC. ON-LINE SERVICES, THE
USER AGREES TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
Definitions
(a) "VALINK" is Virginia Link Internet and Network
Management, Inc., the Internet service provider and VALINK's on-line
services.
(b) "User" is each person who establishes or accesses an
account with VALINK for use of on-line services.
General
Provisions
(a) The rights conferred by this Agreement are nontransferable. Use
of VALINK accounts is expressly limited to the individual whose name
appears on the account and members of the immediate family of the
account holder living at the same address as the account holder.
User is responsible for insuring that all use of User's account
complies fully with the provisions of this Agreement. User is also
responsible for protecting the confidentiality of any password of
the User.
(b) User is responsible for obtaining and maintaining all software,
hardware, telephone and other equipment necessary to connect to
VALINK.
(c) User should notify VALINK immediately via telephone, in writing
or by e-mail if User's password has been lost, stolen, or otherwise
compromised. User will be held responsible for all use of its
account until VALINK receives such notice.
(d) VALINK shall have the right at any time without notice to
change, modify, or add to the terms and conditions of this
Agreement. Such changes shall be considered effective upon
publication either in VALINK’ s Web Site, internet servers,
printed literature, or by conventional or e-mail. Any use of
VALINK’s services by User after such publication shall constitute
acceptance by User of such changes.
Billing
(a) User is responsible for any applicable telephone charges for
connecting directly to VALINK or to any other network access node.
(b) User agrees to pay VALINK all charges relating to the use of
User's account according to rates and prices published on-line at
the time the service is used. On-line rates and pricing are
incorporated into this Agreement by reference. VALINK reserves the
right to change or modify rates and prices at any time.
(c) VALINK reserves the right to terminate any account(s) deemed
necessary, or any account(s) that have not complied with this User
Agreement.
(d) VALINK reserves the right to charge a late payment fee and/or
expenses for collection of past due amounts. VALINK reserves the
right to charge a reactivation fee and/or a deposit in the event
that an account is temporarily inactivated as a result of any
prohibited activities or late payment.
(e) Valink service may be terminated by either party upon 20 days
written notice before the renewal date in the absence of any breach
of contract. In the case of the account holder, notice shall be directed
to the address provided on the account holder file. You may email your
cancellation to billing@sitestar.net.
(f) Invoices for payment are e-mailed. User is required to check their e-mail
Appropriate
Use/User Conduct
(a) All VALINK Users must comply with all local, state, and federal
laws.
(b) User shall not post, transmit, or permit to be posted or
transmitted any material which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, obscene,
pornographic, profane or which violates or infringes in any way upon
the rights of others, or which encourages conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without the express prior
approval of VALINK, contains advertising or any solicitation with
respect to products or services, including the solicitation of Users
to become subscribers of other on-line services competitive with
VALINK.
(c) User shall not post, transmit or permit to be posted or
transmitted any information or software which User is aware contains
a virus or other harmful component.
(d) Any conduct by User that in VALINK's discretion adversely
affects the ability of any other User from using or enjoying
VALINK's services or the Internet is prohibited.
(e) User agrees not to provide public information services over this
connection, not to use any automatic method to avoid inactivity
disconnect, and to keep the connection active only when the User is
actively using it. A public information service includes, but is not
limited to, running a web server or FTP server.
(f) Sharing Unlimited accounts with anyone other than immediate
family in the same household on the same computer or reselling
service without express written consent of VALINK is prohibited.
(g) Sending unsolicited commercial e-mail is prohibited, as is using
a VALINK e-mail address to collect responses from unsolicited
commercial e-mail. Sending large volumes of unsolicited e-mail is
not permitted nor is the sending of threatening or harassing e-mail.
(h) Attempting to impersonate others is not permitted.
(i) Any unauthorized attempt to access any computer system or data
bank is prohibited.
(j) VALINK will cooperate with the appropriate legal authorities in
investigating claims of illegal activity, including but not limited
to illegal transfer or use of copyrighted or other protected
material, or postings or e-mail containing threats of violence, or
other illegal activity.
Ownership/Copyright
User shall not upload, post, transmit or otherwise make available
any material protected by copyright, trademark, trade secret or
other proprietary right without the express permission of the owner
of the proprietary right. The burden of determining that any
material is not protected by proprietary rights rests with the User.
User shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights or any other harm
resulting from submission of protected material.
DISCLAIMER
OF WARRANTY
(a) USER ASSUMES SOLE AND TOTAL RESPONSIBILITY AND RISK FOR USER'S
USE OF VALINK SERVICE AND THE INTERNET.
VALINK MAKES NO WARRANTY WHATSOEVER AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF VALINK SERVICES OR THE INTERNET, OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE INTERNET AND VALINK SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS THE USER'S SOLE 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 ON THE INTERNET.
(B) VALINK SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY VALINK, ITS
AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL
CREATE A WARRANTY. VALINK DOES NOT WARRANT THAT ITS SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR
OTHER MATERIAL ACCESSIBLE ON THE INTERNET WILL BE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS.
LIMITATION
OF LIABILITY
(a) Under no circumstance shall VALINK, its employees, its
affiliates or its contractors, be liable for loss, claim, demand,
liability, cost damage or expense of any kind, caused. directly or
indirectly, by any service provided herein or by any inadequacy
thereof for any purpose. User specifically agrees to assume all
liability for and to hold VALINK harmless from and against any and
all claims, suits, liabilities, damage or loss to persons or
property, which may arise or grow, directly or indirectly, out of
the performance or non-performance of the service. VALINK shall have
no liability resulting from the use of the service. VALINK shall
have no liability resulting from use of the service in connection
with life support devices or emergency services, such as E911.
(b)
Under no circumstance shall VALINK, its employees, its affiliates or
its contractors, be liable for any direct, indirect, incidental,
special, punitive or consequential damages that result in any way
from user's reliance on, use of or inability to use information,
services or merchandise provided on or through the VALINK service,
or that result from mistake, omissions, interruptions, deletion of
files, errors, defects, failure of performance, delays in operation
or transmission, computer virus, communication line failure, theft
or destruction of records, or unauthorized access to, alteration of
or use of records, whether for breach of contract, tortuous
behavior, negligence or under any other cause of action. User
specifically acknowledges that VALINK is not liable for the
defamatory, offensive or illegal conduct of other users or third
parties and that the risk of injury from the foregoing rests
entirely with the User. User understands that the internet contains
unedited materials some of which are sexually explicit or which may
be offensive to some people. User accesses such materials at user's
own risk. VALINK has no control over and accepts no responsibility
whatsoever for such materials.
(c)
VALINK is not responsible for service interruptions beyond its
control, including acts of God or service interruptions by its
suppliers.
Content
and Confidentiality
(a) VALINK does not censor the content of any newsgroups. The choice
to censor content is left to the User. Content-censoring tools such
as Cyber Patrol are available to screen an account's access to
material considered offensive by the User. It is the User's
responsibility to make use of such tools if desired.
(b) VALINK exercises no control over the content of the information
passing through or temporarily stored in its systems.
(c) VALINK employees may be required to examine system accounting
logs, records, files and e-mail to facilitate operation of the
system and to resolve system problems. All customer data shall be
treated in a confidential manner and access on a minimal basis.
Customer data will only be released to those individuals authorized
by the customer or upon service of a valid court order.
Security
of Data
No computer system should be considered safe from intrusion. E-mail
may pass through many computer systems and should not be considered
a secure means of communication unless encrypted. Encrypted
information is only as secure as the encryption method.
Monitoring
VALINK and its authorized representative shall have the right,
but not the obligation, to monitor the content of VALINK
newsgroups, chat, and other forums. VALINK reserves the right in its
sole discretion to edit, remove or refuse to post any materials
submitted to or posted on VALINK newsgroups and other forums,
including without limitation, the right to remove any material that
VALINK, in its sole discretion, finds to be in violation of the
provisions of this agreement or otherwise objectionable.
Indemnification
User agrees to defend, indemnify and hold harmless VALINK, its
directors, officers, employees and agents from any and all
liabilities, costs, claims and expenses, including reasonable
attorneys' fees, related to or arising out of the use of VALINK
services or the Internet by the User or the User's account.
Termination
(a) VALINK reserves the right to terminate this Agreement at any
time for any reason, including without limitation the right to
immediately terminate or suspend the User's account in the event of
any conduct by the User which VALINK, in its sole discretion,
considers to be unacceptable, or in the event of any breach by the
User of this Agreement.
(b) VALINK has the right to delete all data, files or other
information that is stored in the User's account if the User's
account is terminated for any reason.
(c) The provisions of the DISCLAIMER OF WARRANTY, LIMITATIONS OF
LIABILITY, and INDEMNIFICATION sections shall survive termination of
this Agreement.
Miscellaneous
(a) If any one or more of the terms in this Agreement is found to be
unenforceable or invalid, the remainder of this Agreement shall not
be affected thereby.
(b) The section headings used in this Agreement are for convenience
only and shall not be given any legal significance.
(c) This Agreement shall be construed, interpreted and enforced
according to the laws of Virginia.
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