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| You have chosen LIBCOM, Inc. for your Internet Service.
LIBCOM maintains network and data servicing equipment to make your access to the
Internet reliable and accessible. We have no control over the content on the Internet
in general, therefore we cannot be held responsible for incorrect information
received thereon.
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| LAWFUL USE |
| LIBCOM service may not be used to violate any law, or infringe
any copyright, trademark, trade secret, right of publicity, right to privacy or
any other right of any person or entity. Additionally, use of LIBCOM for the purpose
of transmitting or storing any material that is obscene, libelous or defamatory
is prohibited. The use and access to other networks through LIBCOM is limited
to uses complying with the rules and regulations and subject to the terms and
conditions of the said networks. To facilitate security and administration of
the system, LIBCOM will be monitoring activity of users logged on to the system,
and acceptance of this agreement constitutes permission for LIBCOM to monitor
your use. LIBCOM subscribers may use anonymous re-mailers so long as they are
used in accordance with the operating policies of the re-mailer.
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| ACCOUNT USAGE |
| A personal LIBCOM Dial-Up account is any account that is billed
as $9.95 per month. A business LIBCOM Dial-Up account is any account that is billed
at $14.95 per month. Furthermore, LIBCOM reserves the right to promote ANY personal
Dial-Up account to a business Dial-up account if the personal Dial-Up account
is being used as the PRIMARY means of Internet Access for the business in question.
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| MAIL AND NEWS GROUP USE |
| The transmission of mass unsolicited e-mail (spamming) or e-mail
of a harassing nature (flaming) is expressly prohibited and will be grounds for
the termination of a subscriber's service. Posting ten or more separate copies
of the same message, or cross posting a message to ten or more news groups (excessive
cross-posting) may also be prohibited. Users who violate these guidelines may
be subject to charges for the time spent responding to complaints, deleting unsolicited
mail and to account cancellation. |
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| FTP USERS |
Users desiring personal homepages must send an e-mail to sales@libcom.com
stating you would like to have to your Web and ftp space available. You should
include your User ID when making the request. You will receive an e-mail in a
couple of days stating your site is complete. While you wait you should go to
the following steps to prepare:
If you don't have WINZIP, you should the download WINZIP70.EXE
Once WINZIP is installed, you will need to download WS_FTP95LE.ZIP.
This is the software that will allow you to upload your files to your site. Please
use a zip utility to compress the files. |
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| CHANGES TO SERVICE |
| LIBCOM reserves the right to change the type of services offered,
the features of services offered or its network without notice, including changes
to access and use procedures and to it system's hardware and software.
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| TERMINATION AND SUSPENSION |
| LIBCOM may, at its sole discretion terminate a subscriber's
use at any time for any reason without notice. The company may also suspend a
subscriber's account at any time. Termination or suspension will not release liability
for charges due. LIBCOM may delete all data files or other information in subscriber's
account upon termination.
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| LIBCOM WEBMAIL POLICY |
| Libcom Webmail is provided free of charge for all Libcom users. In order to access Libcom webmail you must have an active Libcom email account. Libcom Webmail shows email messages that are waiting on Libcom's mail server. Therefore, any message that is erased through Webmail will no longer be available for retrieval. Libcom Webmail is intended to be used in the event that a user is unable to be at his or her home computer (ie., at work, the library, etc.) and is not intended to be a user's primary email client. In order to keep Libcom's mail servers operating at maximum efficiency, Libcom reserves the right to remove any email messages older than thirty (30) days that have not been downloaded from the server. This will be done automatically by the system based on the amount of disk space remaining on the server.
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| LIBCOM'S MONTHLY SERVICE IS UNLIMITED |
| However when you are not actively using the system you are
required to log off to ensure that connections are available for others. We utilize
detection programs to ensure that customers are not using programs that keep the
connection alive when not in active use. When this practice is detected we will
disconnect. If abuse continues, we will terminate the abuser's service.
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| NO WARRANTY/LIMITATION OF LIABILITY |
| Use of our services and the use of the Internet in general
is at user's sole risk. We do not warrant that our service and the access to our
network will be error free or uninterrupted nor does LIBCOM make any warranty
as to the results or information obtained from the Internet in general or its
services or system. Our services are provided on an "as is" "as
Available" basis without warranties of any kind either expressed or implied,
including implied warranties of merchantability or fitness for a particular purpose.
All warranties are expressly disclaimed. Under no circumstances will LIBCOM be
liable for any direct, incidental, special or consequential damages including
(but not limited to) loss of profits.
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| INDEMNITY |
| The user agrees to indemnify and hold harmless LIBCOM and its
officers, shareholders, agents, employees and its customers from any and all claims,
liabilities, damages and expenses including (but not limited to) attorney's fees
arising out of or resulting from use of LIBCOM's network, whether or not authorized.
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| TRANSFERABILITY |
| Subscriber's account is non-transferable without written permission
of LIBCOM. |
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| CONFIDENTIALITY |
| Transmissions including electronic mail are not confidential.
We do not guarantee the protection or privacy of any information for any user.
We reserve the right to monitor all transmissions as to provide quality service
and protect the rights and property of LIBCOM. LIBCOM will not disclose any such
information to third parties unless required to do so to operate its system or
pursuant to a court order, subpoena or similar legal request or otherwise on the
advise of counsel. |
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| ACCEPTANCE |
| By accepting service from LIBCOM, subscriber agrees to all
of the terms and conditions of this agreement. This instrument supersedes all
other oral or written agreements between the parties regarding this subject matter.
Any modification or variation of these terms must be in writing and signed by
an authorized officer of LIBCOM. These terms and conditions are governed by the
laws of the Commonwealth of Pennsylvania.
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| Credit Card Policy "As of December 1st 1998" |
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Credit cards are processed on the 1st of each month. Payment
is for that month.
Should a subscriber's credit card be declined, the user's account will be suspended.
If payment arrangements haven't been made after 5 days the account will be deleted.
To reactivate a deleted account, a subscriber must call Libcom to make acceptable
arrangements for payment. Libcom will impose a $5.00 service fee per deleted account
to restore service and help offset processing costs. This policy also applies
to cash/check (minimum 6 months - nonrefundable) accounts.
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