Terms and Conditions for High-Speed Internet Access and/or VoIP Phone
1. By signing this Agreement and using the service, (1) you and any end-user(s) using your service via your account agree to abide by the TERMS AND CONDITIONS; (2) you are at least 18 years of age. If you do not agree with the foregoing, you may not use the service and must notify LogOn Computer Services immediately. This Agreement takes effect on the date on which service starts, and continues until your service is terminated. LogOn Computer Service reserves the right to modify the Terms and Conditions, the Acceptable Use Policy, and this Service Agreement or pricing for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes on our website. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement.
2. LogOn provides access to the Internet and/or VoIP Phone service.
3. Subscriber is responsible for keeping Subscriber’s login password secure. If someone improperly uses Subscriber’s password, Subscriber will be fully responsible for that unauthorized use. LogOn will not call and ask for your password for any reason. If Subscriber calls LogOn, LogOn may ask for the password as shown on the front of this agreement, to correct errors or to change Subscriber’s password or account information.
4. E-mail and other electronic transmissions passing over the Internet and through the LogOn system are not confidential, as the Internet is a public access network. Therefore LogOn cannot guarantee the protection or privacy of any information transmitted or received through its network.
LogOn reserves the right to monitor Subscriber’s mail and transmissions as necessary to provide service and otherwise to protect the rights or property of LogOn. LogOn will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.
5.. All information obtained over the Internet through LogOn is used at Subscriber’s own risk.
6. LogOn’s services are provided subject to its Service Level Agreement only. LogOn does not provide warranties of any kind, either express or implied. LogOn shall not be liable for any loss or damages arising out of the use of or failure of its service.
7. Subscriber agrees to indemnify and hold without harm LogOn, its officers, employees, and other users from any and all claims, damages, expenses (including attorney’s and other legal fees) and liabilities resulting from any and all use of Subscriber’s account whether authorized or unauthorized.
8. Attempts to gain unauthorized access to any other computer or computer systems are prohibited. Subscriber must agree to abide by all rules, regulations and policies of networks and computer systems accessed via LogOn. If Subscriber is unsure of those policies, it is Subscriber’s responsibility to obtain and read these policies.
9. LogOn is not responsible for any files that Subscriber stores on LogOn‘s system. Subscriber is completely responsible for setting up an independent backup process for data that Subscriber stores on LogOn’s system.
10. The right to use LogOn’s service is not transferable. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber’s passwords.
11. Services provided to Subscriber through LogOn, may only be used for lawful purposes. Transmission or storage of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use LogOn in an unlawful manner, including, but not limited to:
(a) Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, orpornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; and
(b) Intercepting or attempting to intercept e-mail; and (c) Uploading files that contain software or other material protected by copyright laws unless Subscriber owns or controls the rights thereto.
12. Subscriber must use best efforts to avoid interfering with any other person’s use and enjoyment of the Internet. Subscriber agrees to comply with the following system rules of LogOn.
The following are strictly prohibited:
(a) Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of LogOn or any other computer system accessed through LogOn;
(b) Sending unsolicited mail messages (junk mail or “Spam”). This includes but is not limited to, mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it;
(c) Forging any message header, in whole or part, of any electronic transmission, originating or passing through LogOn’s system. Additionally all messages must contain a valid return address;
(d) Posting or transmitting any fraudulent information. This means any information that Subscriber knows, or has reason to know, is false and that Subscriber intends for others to rely on;
(e) Posting or transmitting any advertising or promotional materials that contains false, deceptive, or misleading statements, claims, or representations;
(f) Impersonation of any person including but not limited to, a LogOn official or an information provider, guide, or host, communicate under a false name or a name that Subscriber is not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, Subscriber profiles, chat dialogue and message posting;
(g) Use of mail list, list server or any form of auto-responder from a Subscriber’s account on LogOn’s server;
(h) User processes that run or are activated on LogOn’s servers while the user is not logged in;
(i) Use of any device or software that would allow Subscriber’s account to stay logged on while Subscriber is not actively using LogOn services or use of the account for the purpose of operating a server of any type;
(j) Interference with or attempting to interfere with service to any user, host, or network (“denial of service attacks”). This includes but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host;
(k) Sending threatening or harassing e-mail (i.e. threatening physical injury or damage to persons or property);
(l) Unauthorized reselling of LogOn services or solicitation of LogOn users to become subscribers of other online services competitive with LogOn. Failure to comply with system rules may result in immediate suspension or termination of Subscriber’s account.
13. LogOn is responsible for setting up a connection to Subscriber’s equipment. Any hardware or software problems encountered by LogOn are the responsibility of Subscriber. Any hardware or software problems that Subscriber may encounter after the connection is established are the responsibility of Subscriber. Any request for a service call not associated with above standards will be charged a minimum $25.00 if appointment made for service call is not canceled or kept by the customer. Failure to notify LogOn of problem resolved that had a service call scheduled, will result in a $25.00 service charge.
14. The monthly charge for Subscriber is payable in advance. No Refunds or credits will be given for any problems identified as Subscriber owned computer, network equipment, software, or signal interference at Subscriber’s location. LogOn may offer billing adjustments due to our network service problems at the sole discretion of Management.
15. Subscriber’s account may be immediately deactivated without notification, at LogOn‘s sole discretion, for violation of terms and conditions, violation of the rules, returned checks, declined credit card, or any other nonpayment of account charges. Any account deactivated will be subject to a $5.00 reactivation fee. Any deactivated account will be reactivated at the then current rate plan available. Initial:
16. The monthly billing cycle will begin on the first day of the month and will continue on a monthto-month basis until terminated by either Subscriber or LogOn. Subscriber will pay a prorated amount for a first partial month.
17. Subscriber’s account will be charged on the first day of the month. LogOn must receive payment on or before the 20th of the month. If the account balance is not paid in full by the 20th, a $5.00 late fee will be added and the account will be considered in default. If a credit card or debit card payment is declined for any reason, Subscriber will be contacted to make payment and required to update payment information for the account. If a check is returned or ACH bank draft fails for insufficient funds, Subscriber will be charged a minimum $30.00 service charge on the account. Payment in full for the account balance is due immediately. If payment is not made by the 10th of the following month, the account will be placed in suspended status and the service will be disabled until account balance is paid. Initial:
18. If Subscriber cancels a one year service commitment, Subscriber agrees to pay a prorated amount of $12.50 per month remaining on the term commitment period. Maximum termination fee is $150.00.
19. Subscriber is responsible for any and all charges and/or fees incurred not specifically covered by this agreement including but not limited to long distance charges, collect calls, directory assistance, operator assistance, or any charge or fee deemed not covered by LogOn. Unlimited Long Distance packages include phone calls to the Domestic U.S. only, not overseas. Initial:
20. All equipment shall remain the property of LogOn. If service is discontinued for any reason, LogOn will attempt to schedule an equipment retrieval date with Subscriber within 48 hours. If Subscriber does not allow access to the equipment, Subscriber will be held liable for he equipment charges. Subscriber will be charged the MSRP value of the equipment and any unpaid subscriber fees using the method of payment used to secure the account or used to pay monthly subscription fees. Subscriber hereby grants LogOn access to its equipment at any reasonable time for the purpose of examining or removing LogOn’s equipment.
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