Dial Up Terms & Conditions
2. LigTel makes no warranties of any kind, whether expressed or implied, for any service provided by LigTel. LigTel also disclaims any warranty of merchantability or fitness for a particular purpose. LigTel accepts no responsibility for the accuracy, quality or suitability of information obtained through its services.
3. Nearly all of the information found here originates on systems other that those under direct LigTel control. LigTel cannot confirm the proper classification of information presented in any area of the system. By giving the command(s) to view or transfer any information or file on any LigTel system, or any system reached through a LigTel system, you are consenting to the display or transfer of the information presented, and waive all rights and claims toward LigTel and its parent, affiliated, or subsidiary companies.
4. LigTel prohibits attempts to bypass its pricing structure by any means without the prior written consent of LigTel.
5. LigTel reserves the right to change the rates charged for any of its service components by notifying you 30 days in advance of the effective date of change. LigTel also reserves the right to change these Terms and Conditions by revising them to include said changes and posting a link to the updated Terms, Conditions and statement of Liability on its Home Page.
6. LigTel may discontinue any or all levels of service at its discretion. Should this occur, accounts will be refunded on a prorated basis.
7. When providing the services, LigTel relays on the services and systems of other entities not under LigTel’s direct control. As a consequence of difficulties in those services or systems, are during periods of exceptionally heavy usage, access to LigTel services may be delayed or interrupted. User hereby releases LigTel from any and all liability arising either directly or indirectly out of or related to such interruptions or delays of service.
8. You agree to indemnify and hold harmless LigTel, its parents, subsidiaries, affiliates, officers employees and agents from all claims, which are a result of your usage, without limitation, and including reasonable attorneys’ fees and court costs incurred by or on behalf of LigTel. You agree to comply with all local, state, national and international laws and regulations, and you agree to be responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the services offered through LigTel. Included within this, but not as a limitation, you agree not to:
A. Use the Service in connection with any commercial activities such as surveys, contest, chain letters, spamming, or duplicated or unsolicited messages, or junk e-mail.
B. Stalk, threaten, defame, abuse, harass, or otherwise violate the legal rights of others, or utilize services offered through LigTel for any fraudulent or criminal activities.
C. Disseminate, distribute, or publish any defamatory, profane, inappropriate, infringing, indecent, obscene, or unlawful material and/or information.
D. Collect information about others including e-mail addresses without their consent.
E. Create a false identity intended to mask the identity of the sender or the origin of a message.
F. Upload or transmit any material that contains worms, time bombs, viruses, trojan horses, cancelbots, or any other harmful or deleterious programs.
G. Upload or transmit any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
H. Interfere with or disrupt networks connected to the Service, or violate the regulations, policies or procedures of such networks. (WARNING THIS MAY CONSTITUTE A VIOLATION OF CRIMINAL LAW PUNISHABLE BY FINES AND/OR JAIL.)
I. Seek unauthorized access to LigTel, other accounts of LigTel Computer Systems or networks or customers connected to LigTel through password mining or any other means.
J. Violate any applicable laws or regulations including, without limitations, laws regarding the transmission of technical data or software exported from the United States through the service.
K. Interfere with another member’s use and enjoyment of LigTel’s service or another individual’s or entity’s use and enjoyment of similar services.
LigTel has no obligation to monitor its internet service or any user’s use thereof or retain the content of any user’s session. However, LigTel reserves the right at all times to so monitor, review, retain and/or disclose any information as necessary to satisfy any legal, regulatory, or legal process or governmental request, for any other reason which, in the sole opinion of LigTel, its parents, subsidiaries, officers, employees, or attorneys, is necessary or advisable.
9. You agree that the security of your account, including password, is your responsibility and that all use which is initiated from your account will be considered to be undertaken by you.
10. You agree to keep LigTel informed of your current legal mailing address. LigTel will not disclose this information to any third party except upon the presentation of a valid warrant or court order, or, if necessary, in furtherance of other court proceedings initiated by LigTel against you for violation of any agreement or contract between you and LigTel, including but not limited to the violation of these Terms of Conditions and Statement of Liability.
11. These Terms may be altered or superseded periodically as provided above, and your continued use of any LigTel service constitutes an acceptance of these alterations.
YOU SHOULD PERIODICALLY CHECK LIGTEL’S TERMS OF CONDITIIONS AND STATEMENT OF LIABILITY PAGE FOR REVISIONS TO THE TERMS AND CONDITIONS OF YOUR AGREEMENT WITH LIGTEL AT WWW2.LIGTEL.COM/TERMS.HTML
12. WARRENTIES AND DISCLAIMER:
LigTel intends the information contained in LigTel web site to be accurate and reliable. However, errors may occasionally occur. Therefore, all information and materials are provided “AS IS.” In no event will LigTel, its subsidiaries or parent company, be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of the information contained on the LigTel web site.
13. FEEDBACK & RESPONSES:
Any comments or materials sent to LigTel web site including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. LigTel shall have no obligation of any kind with respect to such response, and LigTel shall be free to use, reproduce, distribute and publicly display such response without limitations. LigTel shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever.
14. THIRD PARTY COMPANIES & PRODUCTS:
Mention of third party companies and products on the LigTel Online web site is for informational purposes only and constitutes neither an endorsement nor a recommendation.
15. LINKS TO OTHER WEB SITES:
LigTel web site makes no representations whatsoever about any other web sites which you may access from LigTel web site. When you access a non-LigTel web site, please understand that it is independent from LigTel web site and that LigTel has no control over the content on that web site. A link to a non-LigTel web site does not mean that LigTel encorses or accepts any responsibility for the content or use of such web site.
16. TERMINATION:
LigTel may terminate your access to any part or all of the service at any time with or without cause, with or without notice, effective immediately, for any reasons whatsoever. Furthermore, LigTel will immediately terminate any customer, which it believes in its sole discretion is transmitting or otherwise connected with any spam or other unsolicited bulk e-mail. Because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay LigTel liquidated damages of $5.00 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay LigTel’s actual damages, including court costs and attorneys’ fees to the extent that actual damages can be reasonably calculated.
17. DISCONNECTION
To Disconnect from our service you must contact a LigTel representative at 260-894-7200 or 800-714-6353.
All contracts remain in force until a disconnection is so made.
Last Revised 7-9-2005