INTERLYNC BLANKET LICENSE AGREEMENT AND ACCEPTABLE USE POLICY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING OR CONTINUING A ACCOUNT WITH INTERLYNC. PLEASE FAMILIARIZE YOURSELF WITH INTERLYNC'S ACCEPTABLE USE GUIDELINES. These Terms and Conditions, in conjunction with Acceptable Use Guidelines, represent the complete Agreement and understanding between Interlync, Inc. ("Interlync") and you, the Interlync account holder ("Accountholder"), and supersede any other written or oral agreement pertaining to your Interlync services, other than applicable software license agreements. By using Interlync services or Interlync software, or both, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement may be grounds for immediate termination of your Interlync account.
IF YOU DO NOT AGREE TO BE BOUND BY ALL PARTS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY NOTIFY THE INTERLYNC CUSTOMER SERVICE DEPARTMENT.
- A list of ways to contact Interlync and the Interlync Customer Service department is available on the World Wide Web at http://www.Interlync.com Specific questions about this Agreement should be directed to your account manager.
- Upon notice published online via Interlync services, Interlync may modify the Terms and Conditions or the Acceptable Use Guidelines, amplify them, and/or modify the prices of its services, as well as discontinue or change the services offered. Accountholders continued use of Interlync's services following such notification will be deemed acceptance of the modification.
- Accountholder acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, messages, text and other content and material that may be unsuitable for children and that may be objectionable to many adults. Accountholder acknowledges that Interlync is not responsible for any such content or material and agrees that access to same through use of the Service is at Accountholder's sole risk. Accountholder acknowledges that, when using the Internet, Accountholder generally is using a physical network and accessing content, information and other services not owned, supported, monitored or controlled by Interlync. Accountholder acknowledges that safeguards relative to copyright, ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Accountholder assumes all risk and liability of his/her use of the Internet, including continuous compliance with this Service Agreement. Accountholder further understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. Accountholder accesses such materials at his/her own risk. Interlync has no control over and accepts no responsibility whatsoever for such materials.
- Accountholder is responsible for and must provide all telephone and other equipment and services necessary to use the Service. Accountholder represents that he/she is at least 18 years of age and has the right and ability to enter into this Service Agreement. Accountholder is responsible for installing, establishing and setting up the account(s) and parameters under which the Service will be used; these account functions may be performed only by a person at least 18 years of age, without exception.
- Unless otherwise agreed, Accountholder's right to use the Service or to designate users is not transferable and is subject to any limits established by Interlync, or by Accountholder's credit card company or other billing institution, as applicable.
- Accountholder agrees to provide Interlync with accurate and complete billing information, including legal name, address and telephone number, and to update this information within thirty (30) days of any change to it. Payment for a Interlync account or service by fraudulent means will result in immediate and permanent termination of the account and possible criminal penalties.
- Accountholder's Interlync account will be considered delinquent if his/her credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the Accountholder. Accountholder acknowledges responsibility for any account he/she has opened until payment in full is made.
- Interlync reserves the right to charge a service reconnection fee to reinstate suspended accounts.
- If Accountholder's account is a qualified business account and approved by Interlync for corporate billing, charges for the services provided under this Service Agreement will be accumulated and identified by User ID number and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net fifteen (15) days in the currency in which billed. If any payment due hereunder is not made by the Accountholder within thirty (30) days after the invoice date, late charges of ten percent (10%) per month shall be due and payable with respect to such payment, and Interlync may, in addition, at its sole discretion and without notice to the Accountholder, (a) suspend its performance under this Service Agreement and the Accountholder's and his/her designated users' access to and use of the Service, or (b) terminate this Service Agreement and Accountholder's and his/her designated users' access to and the use of the Service. For accounts not approved by Interlync for corporate billing, Accountholder must provide payment by credit card or other method approved by Interlync.
- There is a $25.00 service charge for each returned check.
- If Accountholder believes Interlync has billed him/her incorrectly, Accountholder must contact Interlync no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Interlync's Billing department, and should include all available information about the suspected error.
- Interlync Address:P.O. Box 866, West Dundee, IL 60118
- When Accountholder's credit card expires, Interlync, in its discretion, may either assume that the card has been renewed for one year, or require that Accountholder furnish updated credit card information, including the new expiration date and any other information needed to process Account holder's account payments. If Interlync is unable to obtain payment from Accountholder's credit card bank because Accountholder has not renewed his/her card, because Accountholder's credit card information has become outdated, or because Accountholder has not provided new information to Interlync when requested, Interlync may consider Accountholder's account to be delinquent by more than one account cycle and suspend, archive or purge the account
- To cancel an account, Accountholder must contact Interlync's Customer Service department via postal mail or phone. Cancellation requests must include the account number, login name, and Accountholder's name, address and phone number and other identifying information as they appear in Interlync's billing records. If the information provided to Interlync for an account does not match the account's records, cancellation may be delayed or prevented.
- All cancellation requests must be received by 4 p.m. Central time on the 28th day of the current month in order to be processed before the beginning of the next accounting cycle. Cancellation requests directed to other Interlync departments may not be received by the Customer Service department by the 28th.
- All Interlync charges must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the account is canceled.
- If a Interlync account is canceled, suspended or terminated, Interlync may maintain the account for thirty (30) days. Accountholder may contact Interlync within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. Interlync reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms and Conditions or Interlync's Acceptable Use Guidelines. If Accountholder does not contact Interlync within thirty (30) days, Accountholder's account and associated files will be deleted from Interlync's servers, and Interlync will not be able to reopen it or restore files. Interlync is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of terms and Conditions, or Interlync's Acceptable Use Guidelines.
- "As Is" Services. Accountholder acknowledges that Interlync services are provided "as is." Interlync, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Interlync services will be uninterrupted or error free. Interlync expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.
- Accountholder also understands that Interlync cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Accountholder is responsible for implementing sufficient procedures and checkpoints to satisfy Accountholder's particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. Accountholder assumes total responsibility and risk for his/her use of the service and the Internet. Interlync does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information or service provided through the service or on the Internet generally, and Interlync shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely Accountholder's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally. Interlync does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. The Service and the software are provided on an "as is, as available" basis.
- Accountholder agrees to waive and hold Interlync harmless from any claims relating to any action taken by Interlync as part of its investigation of a suspected violation of this Agreement or as result of its conclusion that a violation of this Agreement has occurred. This means that Accountholder cannot sue or recover any damages whatsoever from Interlync as a result of Interlync's decision to remove material from its servers, cancel a newsgroup posting, warn Accountholder, suspend or terminate Accountholder's account, or take any other action during the investigation of a suspected violation or as a result of Interlync's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions and in the Acceptable Use Guidelines.
- IN NO EVENT SHALL Interlync BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE Interlync'S SERVICES. Interlync's ENTIRE LIABILITY AND ACCOUNTHOLDER'S EXCLUSIVE REMEDY SHALL BE AT Interlync's OPTION. EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, Interlync's entire liability under or arising out of this Agreement shall be limited to the amount Accountholder paid for the service in the one (1) month prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and Interlync limits its liability in such jurisdiction only to the degree allowed by the applicable laws.
ACCEPTABLE USAGE GUIDELINES OF ACCOUNTS:
Accountholder and its Users shall abide by the following provisions regarding usage:
The following are violations of Interlync policies:
- Revealing Accountholder's account password to others or allowing use of Accountholder's account by others (other than authorized users in Accountholder's household). At no time can there be simultaneous use of the same user name and password combination.
- Using Interlync services for illegal purposes, or in support of illegal activities. Interlync reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal.
- Posting or transmitting charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Posting or transmitting any advertising, promotional materials or any other solicitation of other users of the Service for goods for services except in those areas (e.g., a classified bulletin board) that are designated for such purposes.
Threatening bodily harm or property damage to individuals or groups. Making fraudulent offers of products, items, or services originating from Accountholder's account. Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data. Harassing others by 'mail-bombing' or 'news-bombing'. "Mail-bombing' constitutes sending more than ten (10) similar e-mail messages to the same e-mail address. 'News-bombing' constitutes sending more than 10MB of data to a newsgroup. Forging any message header, in part or whole, of any electronic transmission, originating or passing through Interlync services. Distributing viruses to or from Interlync systems.
Accountholders found using Interlync as a forwarder, originator and/or using any email distribution services/SPAM services will be charged a mandatory $250.00 per incident until UCE/SPAM actions have ceased. If these violations do not cease, Interlync will not only suspend the violating Interlync account (until next billing cycle) but will continue to charge accountholder until email actions originating from the violating suspended account cease.
USE OF SERVICES:
- During an investigation, Interlync may suspend the account or accounts involved and/or remove the material involved from its servers. If Interlync believes, in its sole discretion, that a violation these guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, additional hourly charges in addition to the monthly fees, damages, temporary or permanent removal of material from Interlync's servers, the cancellation of newsgroup posts, warnings to the accountholder or accountholders responsible, and the suspension or termination of the account or accounts responsible. Interlync, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the accountholder to criminal or civil liability.
- Accountholder of record is responsible for all use of the account, with or without the knowledge or consent of the Accountholder.
- Accountholder may not store or distribute certain other types of material on Interlync's servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of their sites.
- Interlync staff may monitor the security of Accountholder's passwords at any time. An Accountholder with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by Interlync; continued failure to maintain password security may be grounds for account termination.
- Accountholder is prohibited from utilizing Interlync services to compromise the security or tamper with system resources of accounts on computers at Interlync or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- Accountholder may not post or transmit messages anonymously or under a false name to gain access to otherwise restricted areas.
- Accountholder may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person(s). Accountholder may not post or transmit any message, data, image or program which is indecent, obscene or pornographic in the eyes of the law.
- Accountholder may not interfere with other users' use of the Service.
- Accountholder may not post or transmit any message which is harmful, threatening, abusive or hateful (Legally a hate crime in the US.) It is not the Service's intent to discourage Accountholders from taking controversial positions or expressing vigorously what may be unpopular views; Interlync encourages the right of free speech, however, Interlync reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.