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Terms & Conditions
Acceptable Use Policy
BY USING THE INTERNET ACCESS OFFERED BY LABYRINTH SOLUTIONS INCORPORATED OR INSTALLING THIS PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE INTERNET ACCESS OFFERED BY LABYRINTH SOLUTIONS INCORPORATED OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE WITH (1) INTERNET ACCESS SERVICE INITIALLY OFFERED BY LABYRINTH SOLUTIONS INCORPORATED IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (2) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS.
GRANT. Labyrinth Solutions Inc. ("LSI") hereby grants you a non-exclusive, non-transferable, limited license to access the Internet through LSI's network and a non-exclusive license to use its accompanying software product ("Software") and accompanying documentation on the following terms:
You may: (i) use the Software only with the Internet service initially offered by LSI in conjunction with the distribution of the Software and Documentation with which it is bundled; (ii) use the Software on any single computer, (iii) use the Software on a second computer so long as the first and second computers are not used simultaneously; or (iv) copy the Software for archival purposes, provided any copy must contain all the original Software's proprietary notices.
You may not: (I) use the Software of Documentation in conjunction with any Internet access or other network service, other than LSI's Internet Services; (ii) permit other individuals to use the Software except under the terms above; (iii) modify, translate, reverse engineer decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software or Documentation; (iv) copy the Software or Documentation (except for back-up purposed); (v) rent, lease, transfer or otherwise transfer rights to the Software of Documentation; or (vi) remove any proprietary notices or labels on the Software or Documentation.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in LSI and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software of through LSI's Internet Services is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
You retain any rights you may have in data posted by you to the Internet.
NO ASSIGNMENT. The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of this connection by other person or persons is prohibited.
BILLING FOR RESIDENTIAL ACCOUNTS. For accounts activated with the Residential Internet Service Application, the following applies: First months payment is required to open account either by cash, check, or valid credit card. If Labyrinth Solutions Inc. is unable to charge your credit card for the amount due given that the card is either declined or invalid, then a $15.00 service fee will be assessed against the account at that time. When pre-paid fees are exhausted, you may opt to pre-pay for additional months again. Payments are due on the 20th of each month. Accounts will be reactivated once payment is made in full. All accounts with a 60 day balance will be closed and sent to collections.
You agree to pay Labyrinth Solutions Inc. all charges relating to use of your account(s) according to rates and prices published online at the time of use. You are responsible for charges at the time the service is used. You are solely responsible for informing Labyrinth Solutions Inc. of new expiration dates on your listed credit card, and informing Labyrinth Solutions Inc. when your listed credit card has no remaining credit, and supplying Labyrinth Solutions Inc. with a new credit card number. You are solely responsible for notifying LSI if you would like to cancel your account in the form of email notification. Charges will continue to accrue until notice is given. You are responsible for payment through the end of the cancellation month.
CHARGES. Charges for LSIs Internet Service shall be as stated on the Labyrinth Website, Service Application, or as otherwise agreed in writing by the parties, and shall be payable by you commencing no later than one business day after receipt of applications by LSI.
ADDITIONAL CHARGES. LSI will charge $25 for all returned checks. A service charge of $10.00 or 5% of the total outstanding balance due, whichever is greater, will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if LSI has to resort to these methods in order to collect debts owed to LSI. You agree to pay LSI its reasonable expenses, including attorney fees, incurred in enforcing its rights under the Agreement.
You agree to pay a fine of $500 for flagrant disregard of allowable use policies including sending unsolicited commercial email, spam, or via discussion groups whose charter does not explicitly allow advertisements. It is at LSIs sole discretion what constitutes such flagrant disregard of allowable use. Any changes in accounts may be subject to a change fee.
RELATED CHARGES. You are responsible for any local or long distance phone charges accrued in connecting to LSI. You are responsible for equipment, including computer hardware and software, used in connecting to LSI.
LIMITED WARRANTY. LSI warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. LSI does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure and hereby disclaims any and all liability on account thereof. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements. LSI also warrants that the media containing the Software, if provided by LSI, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. LSIs sole liability for any breach of this warranty shall be, in LSIs sole discretion: (I) to replace your defective media; or (II) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) LSI advised you how to operate the Software so a to achieve the functionality described in the Documentation. Only if you inform LSI of your problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will LSI be obligated to honor this warranty. LSI will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty with 30 days of being so notified.
This is a limited warranty and it is the only warranty or condition made by LSI. LSI makes no other express warranty or condition and there is no warranty or condition of non-infringement of third parties rights. The duration of implied warranties or conditions, including without limitation, warranties or conditions of merchantability and of fitness for a particular purpose, is limited to the above warranty period; some states do not allow limitations on how long an implied warranty lasts, so limitations my not apply to you. No dealer, agent, or employee of LSI is authorized to make any modifications, extensions, or additions to this warranty. No warranty is made by or on behalf of any supplier of LSI. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse or improper use; or if you violate the terms of the Agreement, then this warranty shall be immediately terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation.
This warranty gives you specific legal rights, and you may have other legal rights which vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY. LSI exercises no control whatsoever over the content of the information accessed through LSIs Internet Services. LSIs Internet Services are provided on an "as-is, as-available" basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. LSI and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to (I) you inability or failure to perform research or related work or to work properly or completely, or (ii) any lost profits or consequential, exemplary, incidental, indirect or special damages relating whole or in part to your rights hereunder or use of, or inability to use, LSI Internet Services. LSI will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via LSI Internet Services is at your sole risk. LSI specifically disclaims any responsibility for the accuracy or quality of information obtained through LSIs Internet Services.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall LSI or its suppliers or reseller be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of LSIs list price for a license to the Software and Documentation, even if LSI shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extend applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
ALLOWABLE USE. LSIs Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret., You agree to indemnify and hold harmless LSI from any claims resulting from your use of LSI service.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in email, and will result in account suspension or cancellation and fines as stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing lists charter for whether advertising is allowed or not. "Spamming", of sending a message to many different off-topic newsgroups, is particularly unacceptable and will be treated as such. Sending a message, specially an advertisement, to more than five or six recipients, is by itself Spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to person medium, not a broadcast medium.
You agree to abide by LSIs policies concerning use of LSIs Internet Services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use. LSI reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems including delinquent payments or rejection of credit card charges. Residential and Business dialup accounts are for individual use only. Simultaneous logins on one account are not allowed. Any account with simultaneous logins may be suspended and subject to a suspension fee as outlined in the Agreement. If an account is suspended twice, it will be closed permanently.
UNLIMITED ACCESS. Unlimited dial-up accounts have no hourly charges when the account holder is wholly and exclusively engaged in personal, interactive Internet access. Personal, interactive use is approximated by LSI at 320 hours per month. Accounts may not be used for automated unsupervised use of the Internet or simultaneous connections by multiple people. Accounts may not be kept connected with a keep-alive of any sort, such as setting an email program to check mail periodically unattended. LSI may disconnect dial-up connections after extended periods of inactivity or unauthorized use.
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your account(s) and confidentiality of password(s). LSI will suspend or change access upon notification that your password has been stolen, lost or otherwise possibly compromised. LSI is not responsible for your personal files residing online on LSI owned and controlled computers. You shall be responsible for independent backup of you data stored online. You shall be responsible for all access to and use of LSI Internet Services by your personnel or by means of your equipment, whether or not you have knowledge of or authorize such access or use.
If subscriber is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of subscribers account(s).
UNAUTHORIZED USE OF ACCOUNT. LSI will strongly react to any use or attempted use of an Internet account or computer without the owners authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like.
Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources, LSI will handle incidents of harassment on a case-by-case basis, consulting with all parties involved.
Any unauthorized use of accounts or computers by a LSI customer, whether or not the attacked account or computer belongs to LSI, will result in action against the attacker, Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE. LSI reserves the right to impose limits on the total amount of disk space and other resources available for your use on LSI operated computers. Dial-up account users are subject to a limit of 2MB of disk space for all their dish usage, including incoming mail files and personal Web pages, LSI reserves the right to removes files that exceed this limits. LSI reserves the right to delete without notice personal files that have not been access for more than one month.
EMAIL PRIVACY. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers, With regards to LSIs mail servers, LSI places a high value on privacy, and will only examine users mail when absolutely required, rather for troubleshooting purposes or presented with a search warrant for information.
ILLEGAL MATERIAL. LSI bears certain legal liabilities for the use of its computer network and equipment. As such LSI must require that its customers do not use LSI network illegal purposes. When presented with a search warrant, LSI is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, LSI recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore LSI must make certain decisions regarding the illegality of various specific actions. Among the actions LSI considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use computer resources. LSI believe that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.
WEB SERVICE. LSI includes Web service with residential service and hosts commercial web pages for a fee. In all cases, the Web pages reside on LSIs computer equipment, giving LSI some ethical responsibility for the content of such pages, LSI will handle potentially inappropriate Web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity.
Personal Web space may not be used for purposed that can be deemed as an attempt to sell product or service. LSI separately offers commercial Web hosting.
Domain name service is an additional service available to all LSI customers. You are responsible for all charges incurred with domain name registration.
TERM AND TERMINATION. This Agreement shall become effective on the date the service application is entered into LSIs system (no later than the end of one business day after receipt of application). LSI, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you.
You are responsible for notifying LSI of your wish to terminate you account, if so desires. Charges will continue to accrue until your notification to LSI of account termination, or until your account is suspended due to late payment. After 60 days of nonpayment, LSI will close your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (I) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In additions, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or "foreign person" or under the control of a foreign person.
EFFECT OF AGREEMENT. This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order place by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase order.
MODIFICATIONS OF TERMS AND CHARGES. LSI reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice,. Your use of LSIs Internet Services after such notice shall constitute your acceptance of the modifications to this Agreement.
FORCE MAJEURE. LSIs performance is subject to interruptions and delay due to caused beyond its reasonable controls such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.
SEVERABILITY. If any provision of this Agreement is held to be unenforceable for any reason, such provisions shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.
NOTICES. Except as otherwise provided herein, all notices hereunder shall be given in writing as follows:
Labyrinth Solutions, Incorporated
GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the state of West Virginia, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.
WAIVER. Failure of any party to enforce any provision of this Agreement shall constitute or ge construed as a waiver of such provision or of the right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (1) (ii)of the Rights in Technical Data and Computer Software clause at DFARS 252.117-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.