General
- The benefits of or rights conferred are
non-transferable. Use of Lexcom Internet Service is expressly limited to Customer and
Customer's immediate family or direct employees. Account sharing is strictly prohibited
and shall be cause for immediate termination of service.
- Customer is responsible for all equipment and
software necessary to connect to Lexcom Internet Service.
- The company is not responsible for any personal
computer or network malfunctions and/or damage to the customer's hardware or software.
- Customer agrees to use the service in a manner
consistent with any and all applicable laws.
- Use of Lexcom Internet Service for unsolicited advertising is prohibited.
- Customer is responsible for all use of
account(s) and confidentiality of password(s). Lexcom Internet Service will suspend access or change access to Customer's
Account(s) immediately upon notification by Customer that a password has been lost, stolen
or otherwise compromised.
- Customer's use of
Lexcom Internet Service
constitutes Customer acceptance of Terms and Conditions.
Billing
- Customer is responsible for all local or
long-distance telephone charges for connecting directly to
Lexcom Internet Service or
indirectly via an intermediate access provider.
- Customer agrees to pay
Lexcom Internet Service all charges relating to use of Customer's Account(s). Customer recognizes that there is a
30-day minimum subscription period.
- Sales and use taxes, and all other applicable
taxes and levies which are applicable to the provision of services shall be borne by
Customer, regardless of whom the taxes and levies are or were imposed upon.
- Lexcom Internet Service
reserves the right to
change prices on 30 days' notice.
- All invoices are due upon receipt and payable
within thirty (30) days unless other arrangements have been made in advance.
Lexcom
Internet Service reserves the right to suspend access to service for Customer's Account(s)
upon an indication of credit problems including delinquent payments. A reconnection charge
will apply after payment of any outstanding balance.
Ownership / Copyright
- Information available on
Lexcom Internet
Service is the property of Lexcom Internet Service, its
Information Providers, or other
Customers. Customer shall not redistribute, reproduce, or commercially exploit such
information without express written permission of its owner.
- Information Providers shall have the right to
assert and enforce such copyright provisions directly on their own behalf.
- Customer submitting information owned by
Customer for publication on Lexcom Internet Service grants
Lexcom Internet Service non-exclusive permission to distribute the information product worldwide. Customer retains
all rights he or she may have to such information.
Warranty Disclaimer -
Lexcom Internet Service services are provided on an "as is, as
available" basis.
Lexcom Internet Service disclaims any and all warranties with
regard to the services (whether
express or implied), including without
limitation:
- Any implied warranties of merchantability,
fitness for a particular purpose, infringement or title;
- Any warranty of quality, functionality,
operability, use or performance of the services;
- Any warranty of the accuracy, completeness or
validity of the data or information communicated through the services;
- Any warranty of the continuous availability of
the services, or that the services will be uninterrupted or error-free.
Limitations of
Liability - Under no circumstances and under no legal theory (whether tort, contract
or otherwise) shall
Lexcom Internet Service
be liable for any indirect, special,
incidental or consequential damages whatsoever (including, without limitation, damages for
business interruption, computer failure or malfunction, loss of profits, goodwill or
information, or any other pecuniary loss or damage) arising out of or relating to
Lexcom
Internet Service services (including, without limitation, use or inability to use the
services), even if
Lexcom Internet Service has
been advised of the possibility of such damages.
Under no circumstances shall
Lexcom Internet Service’s cumulative liability to customer exceed the service charges
paid by customer to
Lexcom Internet Service for the services during the six (6) months
immediately preceding the event for which liability is claimed.
- Neither
Lexcom Internet Service nor its
Information Providers are responsible for any damages or injuries arising from Customer's
use of Lexcom Internet Service services or inability to use
Lexcom Internet Service services.
- Lexcom Internet Service
is not responsible for
undelivered e-mail. There is no guarantee of message receipt or delivery. Return receipts
may be requested, but there is no guarantee that the recipient's e-mail system will honor
such requests.
- Lexcom Internet Service
is not obligated to
store the contents of Customer's e-mail messages and is not obligated to produce copies of
e-mail messages to Customer.
- Lexcom Internet Service
is not responsible for
Customer's personal files residing on Lexcom Internet Service‘s system.
- Customer is responsible for independent backup
of all such data. If Customer exceeds the published space limitation for personal files
(Web space,
e-mail, FTP, etc.), Lexcom Internet Service will notify the Customer via
e-mail to reduce the file storage space. If Customer fails to reduce the storage space
within the specified time period, Lexcom Internet Service reserves the right to delete
files from the Customer's personal space without further notice. Customer is hereby warned
that some sites accessible via Lexcom Internet Service allow posting, viewing, retrieval,
and/or electronic mailing of materials that may be considered obscene, offensive,
inaccurate, incomplete, defamatory, harmful or objectionable.
Lexcom Internet Service is
not responsible for Customer's inadvertent or deliberate access to such material and
cannot prevent access of such materials.
- Regarding
Lexcom Internet Service DSL or Cable
Modem service, the company is not responsible for any external intrusion to the customer's
network equipment. The customer is responsible for providing firewall protection in an
effort to help prevent intrusions. Since this service is an
"Always-On"
connection, it is the company's recommendation that each customer has appropriate firewall
protection on their equipment when
using Lexcom Internet Service DSL or Cable Modem
service.
-
Based upon network availability,
Lexcom
Internet Service DSL or Cable Modem service is a "best efforts" service, which
can provide Up Stream and Down Stream speeds selected by the customer. The actual speed
experienced by customers may vary and depend on several factors not limited to but
including customer location, the destination on the Internet, traffic on the Internet,
interference with a high frequency spectrum on the customer's telephone line and other
devices that may be attached to the same cable pair.
Operation
- Lexcom Internet Service reserves the right to
change its services without notice including but not limited to access procedures, hours
of operation, menu structures, commands, documentation and services offered.
- Lexcom Internet Service reserves the right to
delete Customer's personal files which have not been accessed for more than one (1)
month.
- Customer understands that
Lexcom Internet
Service services may be interrupted for several reasons, including but not limited to
malfunctions, maintenance, improvement or as required to protect network resources in the
event of malfunctions or misuse. Customer understands that it may not receive advance
notification of any such interruption of service. Scheduled outages will be publicized
online.
- Lexcom Internet Service shall not be liable for
any delay in or failure to perform the services caused by circumstances entirely beyond
its control such as those occasioned by acts of God or other causes or which it could not
have reasonably foreseen or any other cause, which similarly impedes the provision of
service.
- Lexcom Internet Service
reserves the right in
its sole discretion to delete any information entered into
Lexcom Internet Service computer systems by Customer.
Lexcom Internet Service and its authorized representatives
shall have the right, but shall not be obligated, to edit publicly viewable
information.
- Customer hereby agrees that any material
submitted for publication on Lexcom Internet Service through Customer's Account(s) does
not violate or infringe upon any copyright, trademark, patent, statutory, common law or
proprietary rights of others, or contain anything obscene, objectionable or
libelous.
- Lexcom Internet Service, at its sole judgment,
may immediately suspend Customer's access to the service upon any breach of any of the
Terms and Conditions by Customer, including, but not limited to, refusal or failure to pay
for services provided or disruptive online behavior.
- Lexcom Internet Service
reserves the right to
terminate access to service for any Customer Account(s) which have been inactive for six
(6) months or longer.
- Lexcom Internet Service
offers roaming service
which allows users to access the Internet with their username when they are in other ISPs'
areas (restricted to Info Avenue servers only). This service is restricted to 1,000
minutes per month and is included in the regular monthly charges.
- Regarding
Lexcom Internet Service DSL and Cable
Modem service, the company is providing
DSL and Cable modem service on a retail basis to
the customer. The customer agrees to utilize the service exclusively and not to provide
access to third parties either through "sharing" or "Resale."
- Regarding Lexcom Internet Service DSL and Cable
Modem service, Web Page HOSTING and caching are services prohibited with a residential
DSL
or Cable Modem connection. Any evidence of the services prohibited would be a breach of
these Terms and Conditions, and termination of the
DSL or Cable Modem connection would
occur upon determination of these services being offered.
- Lexcom Internet Service
may modify these Terms
and Conditions upon notice published online. Customer's use of
Lexcom Internet Service after such notice shall constitute Customer acceptance of such modifications.
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