ADSL Terms & Conditions
This agreement is between the Customer (hereinafter referred to as “Customer”) and between LigTel Communications, its parent company Ligonier Telephone, Inc., its subsidiaries, and affiliates (all of which are hereinafter collectively referred to as “LigTel”). Customer should read these Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions”) carefully before accepting them by use of Digital Subscriber Line (hereinafter “DSL”) or other Broadband Services (hereinafter referred to as “Service”) provided by LigTel. If you do not agree with the terms and conditions in this agreement DO NOT register for or use the service. By completing the registration and by subsequently using the service you are indicating your acceptance of the Terms and Conditions. In the event that you DO NOT agree to all of the terms of conditions contained herein please indicate this to LigTel by your immediate cancellation of the service.
Customer should also be aware that LigTel reserves the right, at its discretion, to update or revise these terms and conditions from time to time at its sole discretion. Please check the Terms and Conditions page located at www.ligteldsl.com/terms.html periodically for changes. Customer agrees that Customer’s continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. In the case of violation of these Terms and Conditions, LigTel reserves the right to avail itself of any remedy available to it by law or in equity for such violations.
Customer should also periodically check the rates and changes page found at www.ligteldsl.com/rates.html , which, like the Terms and Conditions page LigTel reserves the right to change from time to time at its sole discretion. Customer is advised that Customer’s continued use of the service following the posting of any changes to the Rates and Charges page constitutes the acceptance of those changes.
2. THE SERVICE:
A. Customer acknowledges that Customer’s use of the Internet may link Customer to sites on the Internet, which contain information or material that some people may find inappropriate or offensive. Customer further acknowledges that these sites are not under the control of LigTel, and Customer acknowledges that LigTel is not responsible for the accuracy, legality, decency, copyright compliance, or any other aspect of the content of such sites. Customer further acknowledges and understands that hardware used to service third party sites may directly affect the speed with which a Customer is able to retrieve or send data to that site. In addition, Customer acknowledges that temporary interruptions of the service may occur as normal events in LigTel’s provision of the service as a result of maintenance being preformed to the service. Finally Customer acknowledges that LigTel has no control over delays and disruptions involving network facilities or transmissions over the internet, or services of third parties.<
B. LigTel will provide the Customer access to the Internet through the DSL plan selected by Customer. Furthermore, at Customer’s election, the Customer may lease a DSL modem and cables from LigTel in order to utilize the service. Provision of the level of service selected, and lease of the DSL modem are subject to the rates and charges of LigTel found at www.ligteldsl.com/rates.html, which, together with any changes thereto, are incorporated herein by reference.
C. Customer will be billed monthly for the level of service selected by Customer as indicated on the Rates and Charges page. The Customer will provide to LigTel at the time of application for service the information requested on the application, including the mailing address, and if different, the actual address of the Customer. Customer will continue to provide updates to this information on or before ten days from the date of any change thereof.
D. In the event that the Customer makes payment after the due date of the payment, then in that event LigTel may charge to Customer a late charge as provided on the Rates and Charges page.
In the event that the Customer is delinquent in payment, LigTel may, at its election, discontinue service. In the event that service is discontinued and Customer owes charges, the Customer shall pay to LigTel all past due charges, including late fees, and disconnection fees, as well as all costs of collection, including attorney’s fees and court costs. In the event of a disconnection of the service by LigTel, prior to any reconnection the Customer will pay the applicable reconnect fee found on the Rates and Charges page, together with a security deposit and all past due charges including attorney’s fees and court costs.
E. Customer acknowledges that the rates and charges charged by LigTel are only for the provision of the service. Any additional charges or expenses incurred through Customer’s use of the Internet, as for example, taxes, charges for online services, membership fees to online services, telecommunication charges, and charges to providers of goods shall remain the Customer’s sole and separate responsibility.
F. Customer agrees that Customer is not entitled to any right, title, interest or license in any user I.D., e-mail address, universal resource locator (“URL”), domain name, or modem if released from LigTel) that a Customer uses in connection with the service.
3. RULES OF USER’S CONDUCT:
Customer hereby specifically acknowledges that as a condition of Customer’s use of the service a Customer will not:
A. Use the equipment, or the service for any illegal purpose or solicit or engage in any illegal act.
B. Use the service to transmit any unlawful, threatening, abusive, libelous, defamatory, hateful information of any kind, including images and language.
C. Use the service to forward or propagate chain letters of any type including charity requests or petitions for signatures). Or use the service to send unsolicited e-mail, to advertise messages to network users, or flood/Spam newsgroups or individual accounts with commercial or noncommercial postings.
D. Engage in “mailbombing” (i.e. flooding a user or site with large number of messages).
E. Customer may not forge header information.
F. Use the service to transmit information, software, or other materials which violates or infringes upon the rights of others including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the other owner or rightful holder.
G. Use the service in ways designed to circumvent security in order to access services that the Customer is not paying for. This clause includes, but is not limited to, the scanning of the network or other networks with the intent to breech and/or evaluate or evade security.
H. Utilize the service to transmit any information, software or other material, which contains a virus or other harmful component.
I. Utilize the service in a manner, which encumbers disc space, processes or other system resources beyond those allowed by the Customer’s specific type of account. Customer may not make a deliberate attempt to interfere with the service, overload the service, or attempt to disable any aspect of the service.
J. Use the service for the transmission of any harassing messages, information, or material.
K. Utilize the service in any way to exploit any information, software or other material for commercial purposes, or which contains advertising, promotion or marketing.
L. Utilize the service for soliciting or engaging in gambling or any gambling activity.
M. Customer shall not tamper with other accounts or commit unauthorized intrusion into any part of LigTel’s system, or use of any of LigTel’s machines, files, accounts, or networks to intrude without authorization into any other system or to interfere with LigTel’s provision of service to any other customer.
N. Customer will not use or attempt to use the service or engage in unauthorized use of Internet services or systems without the owner’s authorization. This includes but is not limited to attempts at password cracking, defrauding others into releasing their passwords, denial of service attacks (sending packets with an illegal packet size, UDP flooding, ping flooding, half opened TCP connection flooding, etc.). In additionally, Customer may not use programs, scripts, commands, or send messages with the intent to interfere with any other individual’s use or access to the Internet.
O. Customer warrants that any materials published, transmitted or distributed through the service by or on behalf of Customer complies with the provisions of this agreement, and authorizes LigTel to reproduce, publish or distribute these said items worldwide.
P. In the event that Customer uses the service in an abusive or illegal manner or in violation of this agreement, then LigTel may immediately terminate or suspend the Customer’s user ID, e-mail, URL, or domain name used in connection with the service, or terminate the Customer’s service itself. This remedy shall extend to Customer’s use of the service in any way inconsistent with this agreement, or in any way, which tends to damage the name or reputation of LigTel.
4. LIMITATIONS OF LIABILITY:
Customer understands and agrees that LigTel’s service is provided “AS- IS”. LigTel assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalized settings, mistakes, omissions, interruptions, errors, defects, delays in operations, mistransmission or any failure of performance of the equipment or service. In particular, but not by way of limitation, LigTel may delete e-mail accounts or the information therein if the account is inactive for greater than thirty days.
CUSTOMER UNDERSTANDS AND EXPRESSLY AGREES THAT USE OF LIGTEL’S SERVICE IS AT CUSTOMER’S SOLE RISK, THAT ANY MATERIAL AND/OR DATA, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS DIRECTLY OR INDIRECTLY FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE REGARDING DSL SERVICE, LIGTEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND LIGTEL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, INCLUDING THE DSL MODEM, THE SOFTWARE, AND THE HARDWARE, ALL OF WHICH ARE BEING PURCHASED “AS-IS”, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
CUSTOMER HEREBY EXPRESSLY RELEASES LIGTEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL CLAIMS, INCLUDING THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, COURT AND RELATED COSTS) WHICH MAY IN ANY WAY ARISE OUT OF OR RESULT FROM OR IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICE, SOFTWARE, OR THE HARDWARE, CUSTOMER’S VIOLATION OF THE TERMS AND CONDITIONS OF SERVICE OR CUSTOMER’S INFRINGEMENT, OR THE INFRINGEMENT BY ANY OTHER USER OF CUSTOMER’S ACCOUNT OF ANY INTELLECTUAL PROPERTY OR RIGHT OF ANY PERSON OR ENTITY.
THE TERMS AND CONDITIONS OF USE OF THE SERVICE WILL INURE TO THE BENEFIT OF LIGTEL’S SUCCESSORS, ASSIGNS, AND LICENSEES. LIGTEL DOES NOT WARRANT (A) THE UNINTERRUPTED USE OF THE SERVICE, SOFTWARE, AND HARDWARE (B) THAT ANY DATA OR FILES THAT A CUSTOMER SENDS WILL BE TRANSMITTED IN UNCORRUPTED FORM OR IN A REASONABLE TIME, (C) RELIABILITY OF ACCURACY OF ANY INFORMATION OBTAINED THROUGH THIS SERVICE OR (D) ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE.
IN ORDER TO INSURE COMPLIANCE WITH THIS SECTION, THE CUSTOMER HEREBY GRANTS PERMISSION TO LIGTEL TO MONITOR THE CONTENT ON THE SERVICE AND CUSTOMER’S USE OF THE SERVICE, AND TO DISCLOSE ANY INFORMATION REQUIRED TO COMPLY WITH ANY LAW, REGULATION OR GOVERNMENTAL ORDER TO PROTECT LIGTEL OR OTHER CUSTOMERS.
5. TERMINATION:
Either party of this agreement may terminate this agreement as a whole at any time by providing to the other party with at least twenty-four hours notification of termination. The parties hereto do hereby specifically agree that e-mail notice may constitute written notice under this provision.
6. AGREEMENT:
Customer acknowledges that LigTel, at LigTel’s sole discretion, may change, modify, add or delete portions of this agreement at any time. Customer furthermore hereby specifically acknowledges and agrees that posting any changes to this agreement on LigTel’s website, or sending the customer notice via e-mail or postal mail together with Customer’s continued use will be deemed to indicate Customer’s acceptance of said changes.
Customer represents that Customer will be the only user of Customer’s account, ID and password and that Customer will not transfer or disclose either of Customer’s account, ID or password to any other person (except that Customer may at Customer’s own risk and on Customer’s own responsibility permit other members of Customer’s family to access the service using Customer’s account ID and password) and that the Customer will be responsible for all usage of the service and any of the services accessed through the service on Customer’s account, whether or not authorized by Customer. Customer further agrees to supervise usage of the service by any minors whom Customer permits to use the service.
Customer agrees and acknowledges that Customer is over the age of eighteen years and is competent to enter into this agreement.
7. This agreement shall be governed by Indiana law and constitutes the entire agreement of the parties regarding the subject matter and supercedes all prior written and oral agreements.
9. A waiver by LigTel of an event of default or breech of this agreement shall not constitute or be construed to be a waiver of any other or further provision or default.