| Libcom Terms of Service |
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General Information |
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Libcom Internet Service provides many services
to its subscribers through its system including dial-up access to the Internet,
World Wide Web page hosting and Usenet discussion groups. Libcom has certain legal
and ethical responsibilities regarding the use of its computer network and equipment
involved in these services. Libcom does not and cannot control the content, quality
or accuracy of information available through its system or over the Internet in
general. These Terms of Service set forth the basic rules which apply to Libcom's
services and use of its system. Libcom may change these Terms of Service in the
future upon notice published on-line or otherwise provided by Libcom. BY USING
LIBCOM'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY
BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM
LIBCOM FROM TIME TO TIME. If the Terms of Service, Libcom's services, system or
pricing is or becomes unacceptable to a subscriber, the subscriber's only right
shall be to terminate its account in accordance with the Section labeled "Suspension
& Cancellation".
Libcom's general policy is to act as a neutral provider of access to the global
Internet in all its diversity. Libcom has specific ethical concerns regarding
the use of its computers detailed below. Libcom reserves the right to suspend
or cancel a customer's access to any or all services provided by Libcom when Libcom
decides, in its sole discretion, that the account has been inappropriately used.
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Lawful Use of Service
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Libcom's system and services may only be used for
lawful purposes and in a manner in which Libcom believes, in its sole discretion,
to be consistent with the rights of other Libcom subscribers and third parties.
While Libcom is not responsible for the content of hosted web sites, content on
all Libcom hosted Web sites must comply with all federal, state and local laws
and must not infringe the rights of any third party. Libcom's services and system
may only be used for lawful purposes and consistent with all rights of other parties.
Without limiting the foregoing, Libcom's services and system shall not be used
in a manner which would violate any law or infringe any copyright, trademark,
trade secret, right of publicity, privacy right or any other right of any person
or entity or for the purpose of transmitting or storing of material which is obscene,
libelous or defamatory. Use and access to other networks through Libcom's system
must comply with the rules for such other networks.
Determination of a violation will be made at the sole discretion of Libcom, and
Libcom, in its sole discretion, will determine what action will be taken in response
to a violation on a case-by-case basis. Libcom reserves the right to release the
usernames of customers involved in violations of the foregoing to system administrators
at other providers, in order to assist them in resolving disruptions and security
incidents, and to valid law enforcement authorities investigating illegal activities.
Subscriber agrees to reimburse Libcom for all legal costs, personnel costs and
processing costs associated with assisting law enforcement in the investigation
of illegal activities.
Libcom's services include access to discussion groups and chat groups on-line.
Some of these discussion and chat groups contain language and/or images that are
intended for adults only. Subscribers under the age of 18 must have parental or
legal guardianship approval to utilize such services. Libcom is not responsible
for the viewing of any adult materials by a minor. |
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Modifications to Service |
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The services provided by Libcom and Libcoms system
are expected to change from time to time. Libcom reserves the right to change
any service offered or the features of any service offered or its system without
notice, including changes to access and use procedures, such as idle disconnection's,
and system hardware and software. |
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Payment Terms |
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A subscriber must pay fees per Libcom's rate schedule
in effect from time to time as a condition to obtaining access to Libcom's services
and system. A subscriber must also pay any sales, use or like taxes. If the payment
method is by credit or debit card and payment is not received by Libcom from the
card issuer or its agents, the subscriber agrees to pay all amounts due upon demand
by Libcom. Rate changes will be effective when published on-line or otherwise
provided to subscribers. All Libcom service charges are due in advance of the
service. Payments not received on the due date are considered delinquent and are
subject to immediate suspension. Payments not made within 30 days of original
billing date are subject to immediate termination without notice. Monthly charges
will not be prorated.
Should a subscriber's credit card be declined, Libcom will impose a $5.00 service
fee per declined transaction to help offset processing costs.
If you pay by check, a bounced check will result in a $15 service charge.
To reactivate a suspended account, a subscriber must call Libcom to make acceptable
arrangements for payment.
Libcom bills all credit card customers on the 1st business day of every month.
Customers paying by check or cash are required to pay six months of service in
advance. |
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Refund Policy |
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If a credit card account is canceled within seven
(7) days from activation of account, Libcom will refund the full amount charged
to that account at sign-up. Check and cash accounts are nonrefundable.
In Accordance With The Federal Consumer Protection Law Covering Credit Card Transactions,
Libcom Will No Longer Discuss Credit Card Billing Issues On Charges That Exceed
The Billing Dispute Date (60 Days After The Charge Is First Shown On Their Credit
Card Statement). The Customer Has A Responsibility To Look At Their Statements,
And To Respond To Any Billing Questions In A Timely Manner. |
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Suspension & Cancellation
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Cancellations can only be accepted via the telephone
at (412-653-5100). We cannot and will not accept cancellation requests submitted
by fax or electronic mail.
Accounts terminated for nonpayment will be reactivated only upon the receipt of
the full amount past due. Please note that Libcom may take up to six days to reactivate
any account that was terminated due to nonpayment. Please note, Libcom reserves
the right to cancel any account at any time. |
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Telephone Service Usage |
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Subscriber is responsible for verifying that any
local access number provided by Libcom is within subscriber's telephone calling
plan. Subscriber agrees not to hold Libcom or any of its officers, agents or employees
liable for any telephone charges incurred during the process of connecting to
Libcom's system. |
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Software |
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As a courtesy to its subscribers, Libcom has accumulated
a library of software which is "shareware" or "freeware".
Libcom is not the author of or otherwise responsible for any of such software
or engaged in the sale or licensing of such software. LIBCOM MAKES NO WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE
AVAILABLE TO SUBSCRIBERS. LIBCOM ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT
TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM THE USE THEREOF. SUBSCRIBER AND
ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER
AND NOT LIBCOM MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL
ASSERT ANY CLAIM AGAINST LIBCOM WITH RESPECT TO ANY SOFTWARE OBTAINED THROUGH
LIBCOM.
Subscriber acknowledges that the software provided by Libcom is not necessary
to establish a connection to the Internet and is merely provided as a convenience
for our subscribers. |
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Acceptable Use |
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Libcom recognizes three areas of use: what a Libcom
customer does with his or her own computer equipment; what a Libcom customer does
with his or her Libcom account; and what a customer does with his or her privileges
on Libcom computer equipment (mail server, web server, etc.)
Libcom has no authority or desire to determine how someone use his or her own
computer equipment. Libcom has some responsibility for how someone uses his or
her Libcom account, and significant responsibility for how someone uses Libcom's
computers.
Please note, Libcom reserves the right to cancel any account at any time. |
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1. |
Connectivity |
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Each subscriber account is limited to one single
dial-up connection at any one time. It is the responsibility of the subscriber
to keep their password secure. Legitimate passwords are between 6 and 8 characters
in length, in all lowercase and are not part of any recognizable word found in
any dictionary.
Subscriber is allowed unlimited, on-demand access to Libcom's systems or service.
Libcom's dial-up connections are not provided on a dedicated basis. Any subscriber
that is consistently connected to Libcom's system for periods of 8 hours or more
shall be subject to having its account placed under suspension and/or terminated.
Subscriber is responsible for all use or misuse, with or without subscriber's
knowledge or consent, of their Libcom account.
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E-mail confidentiality |
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Electronic mail passes through multiple mail servers
on the Internet as it passes from source to destination. One can never be guaranteed
privacy from every possible mail server; therefore, someone seeking total privacy
should use some encryption scheme to render their messages unreadable by eavesdroppers.
Libcom treats e-mail messages as private. Exceptions are those permitted by
law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA").
The ECPA permits Libcom limited ability to intercept and/or disclose electronic
messages, including, for example (i) as necessary to operate the system or protect
Libcom's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas)
or (iii) where Libcom receives information inadvertently which appears to pertain
to the commission of a crime. Users should be aware that electronic messages may
be intercepted lawfully or unlawfully outside of Libcom's system. In addition,
although Libcom has implemented certain security measures, Libcom cannot guaranty
that its system or stored data of a subscriber will be free from unauthorized
intrusion or otherwise guaranty the privacy of information of any user.
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Limits on disk space usage |
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Libcom provides as an added benefit to its dial-up
users limited access to certain Libcom server computers. This benefit typically
consists of email access, and World Wide Web page hosting.
Libcom dial-up users are subject to a limit of 2MB of disk space for all their
diskpersonal Web page usage, and 5mb e-mail storage. Libcom reserves the right
to remove files that exceed this limit. The customer is responsible for keeping
backups of customer files stored on Libcom computers.
Transfer refers to the amount of data your web site sends to the browser. Excess
transfer costs are 25 cents per megabyte. We reserve the right to either remove
your web site or bill for excess data transfer.
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Unauthorized use of other people's accounts
or computers |
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Libcom will strongly react to any use or attempted
use of an Internet account or computer without the owner's authorization. Such
attempts include "social engineering" (tricking other people into releasing
their passwords), password cracking, security hole scanning and the like.
Any unauthorized use of accounts or computers by a Libcom customer, whether
or not the attacked account or computer belongs to Libcom, will result in action
against the attacker. Possible actions include warnings, account suspension or
cancellation, and legal action, according to the seriousness of the attack.
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5. |
Commercial advertisements |
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Commercial advertising is an accepted and welcome
use of the Internet. However, there are appropriate and inappropriate places for
Internet advertising.
Unsolicited commercial advertisements are not allowed in e-mail, and will likely
result in account suspension or cancellation. If a subscriber is found to have
sent out unsolicited e-mail (also known as "spam"),Libcom will charge
subscriber's account $1 for each message sent out due to subscriber's reckless
use of system resources.
Commercial advertisements are unwelcome in most Usenet discussion groups and
on most e-mail mailing lists. Inappropriate posting may result in account suspension
or cancellation. See the newsgroups or mailing list's charter for whether advertising
is allowed or not. "Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than five or six recipients,
is by itself spamming unless the individuals have specifically requested to be
added to a mailing list on that topic. E-mail is a person-to-person medium, not
a broadcast medium.
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Illegal material |
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Libcom bears certain legal liabilities for the
use of its computer network and equipment. As such Libcom must require that its
customers do not use Libcom's network for illegal purposes.
When presented with a search warrant, Libcom is obligated to release any information
named therein, and will cooperate with the authorities in any criminal investigation
of inappropriate Internet usage.
However, Libcom recognizes that the legal status of the Internet has not yet
been resolved satisfactorily, either through legislation or court precedent. Therefore
Libcom must make certain decisions regarding the illegality of various specific
actions. Among the actions Libcom considers illegal and therefore not allowed
on its network are: unauthorized distribution of copyrighted material; exploitation
of minors; and unauthorized use of computer resources.
Libcom believes that the First Amendment rights of free speech, freedom of
the press, and freedom of association apply to the Internet to the same degree
as they do to print media, and that any attempt to infringe upon those rights
is void of legitimacy.
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Harassment |
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Harassment or abusive use of email and other Internet
services is a rare but serious misuse of Internet resources. Libcom, in its sole
discretion, will handle incidents of harassment on a case-by-case basis, consulting
with all parties involved. |
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Inappropriate use of Web service |
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Libcom provides web pages to dial-up customers
and virtual hosting also. In both cases the web pages reside on Libcom's computer
equipment, giving Libcom some ethical responsibility for the content of such pages.
Libcom will handle potentially inappropriate web pages on a case-by-case basis.
Examples of inappropriate information include downloadable virus code and obscenity.
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Automated dial-up account use |
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Dial-up accounts are for personal, interactive
use only. They may not be kept connected with a keep-alive of any sort, such as
setting an e-mail program to check mail periodically unattended. |
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Limitation of Liability
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USE OF LIBCOM'S SERVICES AND SYSTEM AND THE INTERNET
IN GENERAL IS AT USER'S SOLE RISK. LIBCOM DOES NOT WARRANT THAT ITS SERVICES AND
SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR
THAT LIBCOM'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY; NOR DOES LIBCOM MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION
OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. LIBCOM'S
SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY,
SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER
NO CIRCUMSTANCES SHALL LIBCOM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT
LIMITING THE FOREGOING, LIBCOM WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE
USE OR INABILITY TO USE ALL OR ANY PART OF LIBCOM'S SYSTEM OR SERVICES, RELIANCE
BY ANY PERSON ON INFORMATION OBTAINED THROUGH LIBCOM'S SERVICE OR THE INTERNET,
DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE,
OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF LIBCOM TO
ANY SUBSCRIBER OR USE FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY
KIND, INCLUDING DUE TO LIBCOM'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID
BY THE SUBSCRIBER OR USE TO LIBCOM DURING THE THREE MONTH PERIOD PRECEDING THE
CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED
OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY
SUBSCRIBER.
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Indemnity |
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The subscriber agrees to indemnify and hold harmless
Libcom, its directors, officers, agents, employees and its other subscribers from
any and all claims, liabilities, damages, or expenses, including attorney fees,
arising out of or resulting from any and all use of subscriber's account or the
subscriber's Web site whether or not authorized. |
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Non-Transferability |
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Subscriber's account and right to use Libcom's
services and system is not transferable without Libcom's consent. Subscriber agrees
to protect their password and account and to keep them secure from unauthorized
users and use. |
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Interpretation |
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These Terms of Service supersede all other written
and oral communications or agreements with regard to the subject matter. A waiver
or modification of these Terms of Service shall only be effecting if in a writing
signed by an authorized officer of Libcom. These Terms of Service shall be governed
by and construed in accordance with the laws of the Commonwealth of Pennsylvania
without regard to choice or conflict of law principles. Any legal action or proceeding
arising under or relating to the Agreement shall be brought in the federal or
state courts of The Commonwealth of Pennsylvania and the parties hereby consent
to personal jurisdiction and venue therein. If any provision of these terms and
conditions is found to be unenforceable or invalid, the remaining provisions shall
be enforceable and valid to the greatest extent permitted by law. |
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