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EZ LINK agrees to provide and the User agrees to receive access to the Internet service according to the following terms and conditions:
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.
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.
User agrees to use the service in a manner consistent with any and all applicable laws.
User agrees to follow the Acceptable Use Policy of any network that a user connects to, including EZ LINK's system.
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).
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.
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.
User is responsible for all local or long-distance telephone charges for connecting to EZ LINK.
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.
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.
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.
EZ LINK reserves the right to change prices on 30 days notice as published online.
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.
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.
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.
EZ LINK reserves the right to delete User's personal files after one or both parties terminates this agreement.
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.
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.
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.
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.
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.
This Agreement shall be governed by the laws of the State of Colorado.
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.
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.
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.
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.
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: info@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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