EZ LINK agrees to provide and the User
agrees to receive access to the Internet
service according to the following terms
and conditions:
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All provisions of EZ LINK's Service
Agreement ("Agreement") apply to the
User's Principal Account and all
Associate Accounts billed to the
Principal Account.
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The benefits of or rights conferred
by this agreement are
non-transferable. Use of EZ LINK
accounts is expressly limited to the
individual or business whose name
appears on the account and
dependents of the account holder
living at the same address. This is
to include the User resaling of the
services provided by EZ LINK without
the express written consent of EZ
LINK.
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User agrees to use the service in a
manner consistent with any and all
applicable laws.
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User agrees to follow the Acceptable
Use Policy of any network that a
user connects to, including EZ
LINK's system.
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If User is less than 18 years of
age, this Agreement must be signed
by a parent or legal guardian, who
is responsible for all charges
related to the use of the User's
account(s).
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Use of EZ LINK for advertising or
promotion of a commercial product or
service without the express, written
consent of EZ LINK is expressly
prohibited. This includes and is not
limited to the designed personal
home pages site, ftp site, email or
another service provided by EZ LINK.
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The User is responsible for all use
of the User's account(s) and
confidentiality of password(s). EZ
LINK will suspend access or change
password(s) for access to the User's
account(s) immediately upon
notification by User that his/her
password has been lost, stolen or
otherwise compromised.
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User is responsible for all local or
long-distance telephone charges for
connecting to EZ LINK.
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The User agrees to pay EZ LINK all
charges relating to the use of the
User's account(s) according to rates
and prices published online at the
time the service is used. Online
rates and prices are incorporated
into this agreement by reference.
The User is also responsible for
monthly storage charges as described
online.
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Access is subject to credit limits
established by the issuer of User's
credit card and/or by EZ LINK. A
credit limit is applied to all
accounts. User's access to service
may be suspended if User exceeds
his/her credit limit unless prior
arrangements have been made.
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The User is responsible for charges
at the time the service is used and
EZ LINK may apply the amount due to
the User's credit card at any time.
-
EZ LINK reserves the right to
suspend access to service for a
User's account(s) upon an indication
of credit problems including
delinquent payments or rejection of
any credit card charges.
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EZ LINK reserves the right to change
prices on 30 days notice as
published online.
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THE EZ LINK SERVICE IS PROVIDED ON
AN "AS IS, AS AVAILABLE" BASIS. NO
WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THOSE
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE MADE WITH
RESPECT TO EZ LINK OR ANY
INFORMATION OR SOFTWARE THEREIN.
THIS "NO WARRANTY" EXPRESSLY
INCLUDES ANY REIMBURSEMENT FOR
LOSSES OF INCOME DUE TO DISRUPTION
OF SERVICE BY EZ LINK OR ITS
PROVIDERS.
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Neither EZ LINK nor its Information
Providers are responsible for any
damages arising from the User's use
of FONT.NET, or by the User's
inability to use EZ LINK 's access
services.
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EZ LINK reserves the right to change
without notice the EZ LINK service,
including, but not limited to,
access procedures, hours of
operation, menu structures,
commands, documentation, vendors,
and services offered.
-
EZ LINK is not responsible for the
User's personal files residing on EZ
LINK. The User is responsible for
independent backup of his/her data
stored on EZ LINK.
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EZ LINK reserves the right to delete
User's personal files after one or
both parties terminates this
agreement.
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EZ LINK reserves the right in its
sole discretion to delete any
information entered into EZ LINK by
User. EZ LINK and its authorized
representatives shall have the
right, but shall not be obligated,
to edit publicly viewable
information.
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THE USER HEREBY AGREES THAT ANY
MATERIAL SUBMITTED FOR PUBLICATION
ON EZ LINK THROUGH USER'S ACCOUNT(S)
DOES NOT VIOLATE OR INFRINGE ANY
COPYRIGHT, TRADEMARK, PATENT,
STATUTORY, COMMON LAW OR PROPRIETARY
RIGHTS OF OTHERS, OR CONTAIN
ANYTHING OBSCENE OR LIBELOUS.
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EZ LINK, at its sole business
judgment, may terminate this
membership Agreement immediately or
suspend the User's access to the
service upon any breach of this
membership Agreement by the User,
including, but not limited to,
refusal or failure to pay for
services provided or by sole
judgement of EZ LINK that the User
may be performing activities harmful
to EZ LINK or its Users, employees,
vendors, business relationships, or
any other users of the Internet.
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Due to the public nature of the
Internet, all email is considered
publicly accessible and important
information should be treated
carefully. EZ LINK is not liable for
protection or privacy of electronic
mail and information transferred
through the Internet.
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EZ LINK reserves the right to
terminate access to service for any
User account which has been inactive
for 6 months.
-
Use of distribution lists in
electronic mail or other mass
electronic mailings is subject to
approval of EZ LINK. EZ LINK has
stated an enforced policy of Zero
Tolerance for using the email system
to distribute advertisements,
solicitations or any other form of
marketing/sales commonly referred to
as spamming. The use of lists, blind
copies, relaying to addresses via
email shall not be considered
acceptable use of the EZ LINK
system. EZ LINK shall reserve the
right to distribute to existing
customers information, facts,
modifications, changes,
improvements, problems and any other
information deemed necessary by EZ
LINK via it's email systems.
Continued violation of this policy
can result in termination of
services by EZ LINK of the violator.
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This Agreement shall be governed by
the laws of the State of Colorado.
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EZ LINK may modify these terms and
conditions upon notice published
online via EZ LINK. The User's use
of EZ LINK services after such
notice shall constitute User's
acceptance of the modifications to
this Agreement.
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Non-enforcement of any section of
this Agreement does not constitute
consent and EZ LINK reserves the
right to enforce this Agreement at
its sole discretion.
-
If any one or more paragraphs in
this Agreement is found to be
unenforceable or invalid, User's and
EZ LINK's agreement on all other
paragraphs shall remain valid.
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Web pages included in accounts are
specifically designated and shall be
monitored by EZ LINK for compliance.
EZ LINK reserves the right to assess
appropriate account type fees in the
event the user publishes pages
contrary to the stated account web
page type, e.g. personal pages used
in a commercial manner.
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EZ LINK provides unlimited access
accounts to only one user at a time.
If a user has logins that occur at
the same time while being an
unlimited account holder, this
violates the condition of: one user,
one account, one login at a time.
Such violations will be detailed by
date and time of each violation and
the user may be responsible for
payment of additional accounts to
cover the additional simultaneous
logins for all month(s) applicable.
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DS/Wireless/Broadband/ISDN services
are provided to the user under the
following terms and conditions
related to said services. a. Stated
speeds, up and down, published per
each service is not and can not be
guaranteed. b. All security needs,
provisions and safeguards are the
users full responsibility. c. Resale
of access services is strictly
prohibited unless there is written
authorization duly executed between
the user and provider.
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1. INTRODUCTION-
EZ LINK's Acceptable Use Policy ("AUP") is
intended to help enhance the use of the
Internet by preventing unacceptable use.
All users of EZ LINK's Internet services
(the "Services") those who access some of
our Services but do not have accounts
("Visitors"), as well as those who pay a
monthly service fee to subscribe to the
Services ("Members") must comply with this
AUP. We support the free flow of
information and ideas over the Internet
and do not actively monitor use of the
Services under normal circumstances.
Similarly, we do not exercise editorial
control over the content of any Web site,
electronic mail transmission, news group,
or other material created or accessible
over or through the Services, except for
certain proprietary websites. However, in
accordance with our Internet Service
Agreement, we may remove any materials
that, in our sole discretion, may be
illegal, may subject us to liability, or
which may violate this AUP. EZ LINK may
cooperate with legal authorities and/or
third parties in the investigation of any
suspected or alleged crime or civil wrong.
Your violation of this AUP may result in
the suspension or termination of either
your access to the Services and/or your EZ
LINK account or other actions as detailed
in Section 3. This AUP should be read in
conjunction with our Internet Service
Agreement and other policies.
2. VIOLATIONS OF EZ LINK'S ACCEPTABLE USE
POLICY-
The following constitutes violations of
this AUP:
a. Illegal use. Using the
Services to transmit any material (by
email, uploading, posting, or otherwise)
that, intentionally or unintentionally,
violates any applicable local, state,
national or international law, or any
rules or regulations promulgated
thereunder.
b. Harm to minors. Using the
Services to harm, or attempt to harm,
minors in any way.
c. Threats. Using the Services to
transmit any material (by email,
uploading, posting, or otherwise) that
threatens or encourages bodily harm or
destruction of property.
d. Harassment. Using the Services
to transmit any material (by email,
uploading, posting, or otherwise) that
harasses another.
e. Fraudulent activity. Using the
Services to make fraudulent offers to
sell or buy products, items, or services
or to advance any type of financial scam
such as "pyramid schemes," "Ponzi
schemes," and "chain letters."
f. Forgery or impersonation.
Adding, removing or modifying
identifying network header information
in an effort to deceive or mislead is
prohibited. Attempting to impersonate
any person by using forged headers or
other identifying information is
prohibited. The use of anonymous
re-mailers or nicknames does not
constitute impersonation. Using
deliberately misleading headers
("munging" headers) in news postings in
order to avoid spam email address
collectors is allowed.
g. Unsolicited commercial
email/Unsolicited bulk email.
Using the Services to transmit any
unsolicited commercial email or
unsolicited bulk email. Activities that
have the effect of facilitating
unsolicited commercial email or
unsolicited bulk email whether or not
that email is commercial in nature, are
prohibited.
h. Unauthorized access. Using the
Services to access, or to attempt to
access, the accounts of others, or to
penetrate, or attempt to penetrate,
security measures of EZ LINK's or
another entity's computer software or
hardware, electronic communications
system, or telecommunications system,
whether or not the intrusion results in
the corruption or loss of data.
i. Copyright or trademark
infringement. Using the Services
to transmit any material (by email,
uploading, posting, or otherwise) that
infringes any copyright, trademark,
patent, trade secret, or other
proprietary rights of any third party,
including, but not limited to, the
unauthorized copying of copyrighted
material, the digitization and
distribution of photographs from
magazines, books, or other copyrighted
sources, and the unauthorized
transmittal of copyrighted software. EZ
LINK is registered under the Digital
Millennium Copyright Act of 1998.
j. Collection of personal data.
Using the Services to collect, or
attempt to collect, personal information
about third parties without their
knowledge or consent.
k. Reselling the services.
Reselling the Services without EZ LINK's
authorization.
l. Network disruptions and unfriendly
activity. Using the Services for
any activity, which adversely affects
the ability of other people or systems
to use EZ LINK Services or the Internet.
This includes "denial of service" (DoS)
attacks against another network host or
individual user. Interference with or
disruption of other network users,
network services or network equipment is
prohibited. It is the Member's
responsibility to ensure that their
network is configured in a secure
manner. A Member may not, through action
or inaction, allow others to use their
network for illegal or inappropriate
actions. A Member may not permit their
network, through action or inaction, to
be configured in such a way that gives a
third party the capability to use their
network in an illegal or inappropriate
manner.
m. News. EZ LINK Members should
use their best judgment when posting to
any newsgroup. Many groups have
charters, published guidelines, FAQs, or
"community standards" describing what is
and is not considered appropriate.
Usenet can be a valuable resource if
used properly. The continued posting of
off-topic articles is prohibited.
Commercial advertisements are off-topic
in most newsgroups, especially regional
groups not specifically named for such.
The presence of such articles in a group
is not indicative of the group's
"intended" use. Please familiarize
yourself with basic Usenet netiquette
before posting to a newsgroup.
n. EZ LINK considers "multiposting"
to 10 or more groups within a two week
sliding window to be excessive. EZ
LINK servers currently limit the number
of allowable "cross-posts" to 9.
o. EZ LINK Members may not cancel
messages other than their own
messages. A Member may cancel
posts forged in that Member's name. We
may cancel any postings which violate
this AUP.
p. Long Connections and Multiple
Logins. Using a personal account
for high volume or commercial use is
prohibited. The Services are intended
for periodic, active use of email,
newsgroups, file transfers, Internet
chat, games, and browsing the World Wide
Web. Members may stay connected so long
as they are actively using that
connection for the above purposes.
Members may not use the Services on a
standby or inactive basis in order to
maintain a connection. Pinging is
expressly prohibited. Accordingly, EZ
LINK maintains the right to terminate
any member's connection following any
extended period of inactivity as
determined by EZ LINK.
q. Exceeding Web Site Size and
Traffic Limitations. All EZ LINK
Members receive free webspace for use
with their EZ LINK Internet access
account. Each member's free webspace is
allocated a certain amount of traffic
per month (traffic is calculated on a
formula multiplying the number of hits
that your site receives by the size of
your files). If a site exceeds its
maximum monthly allotment of traffic,
the site will become unavailable until
the beginning of the next calendar
month. A site that exceeds the EZ LINK
Member's maximum allotment in size will
also become unavailable. Unavailability
includes but may not be limited to the
inability to access the site publicly or
to publish to or modify the site's
contents via certain Web creation tools.
More information about appropriate use
of the free member webspace appears
under Free Webspace Community
Guidelines.
3. REPORTING VIOLATIONS OF EZ LINK'S AUP-
EZ LINK requests that anyone who believes
that there is a violation of this AUP
direct the information to Abuse
Department, at: jadmin@EZLINK.COM.
If available, please provide the following
information:
The IP address used to commit the
alleged violation
The date and time of the alleged
violation, including the time zone or
offset from GMT
Evidence of the alleged violation
Email with full header information
provides all of the above, as do syslog
files. Other situations will require
different methods of providing the above
information.
EZ LINK may take any one or more of the
following actions in response to
complaints:
issue warnings: written or verbal
suspend the Member's newsgroup posting
privileges
suspend the Member's account
terminate the Member's account
bill the Member for administrative
costs and/or reactivation charges
bring legal action to enjoin
violations and/or to collect damages,
if any, caused by violations.
4. Free Webspace Community Guidelines-
Each Member is entitled to a free personal
webspace. This free webspace allows
members to post a personal web site that
can be accessed by any web browser. The
construction and presentation is that
Member's full control and responsibility.
All applicable provisions of the EZ LINK
Services agreement and this Acceptable Use
Policy apply accordingly. The Member may
use this site for non-commercial
applications. Commercial applications will
be understood as any activity,
solicitation, presentation or reference to
products, services, intellectual or art
work that can or is exchanged for any form
or payment.
5. REVISIONS TO THIS ACCEPTABLE USE
POLICY-
EZ LINK reserves the right to revise,
amend, or modify this AUP, our Internet
Service Agreement and our other policies
and agreements at any time and in any
manner. Notice of any revision, amendment,
or modification will be posted in
accordance with the Internet Service.
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