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Purity
Link, Inc.
("Purity
Link," or "PLI") agrees to provide and User agrees to
receive access to
Purity Link
Internet Access Service (analog dial-up, ISDN, ADSL, dedicated, or otherwise)
or Web Hosting Services (Web Site Hosting, Web Design,
Internet E-mail, Web Application Programming) according to the following terms and
conditions:
1. All
provisions of Purity
Link’s Service Agreement
("Agreement") apply to the User’s Principal
Account and Associate Accounts billed to the Principal
Account.
2. The
benefits of or rights conferred by this Agreement are
nontransferable. Use of Purity
Link accounts is
expressly limited to the individual or business whose
name appears on the account and dependents of the
account holder living at the same address.
3. User
agrees to use the service in manner consistent with any
and all applicable laws.
4. User
agrees to follow the Acceptable Use Policy of any
network User connects to, including Purity
Link’s
system.
5. If
User is less than 18 years of age, Agreement must be
signed by a parent or legal guardian, who is responsible
for all charges related to use of User’s account(s).
6. Use of
Purity
Link for advertising or promotion of a
commercial product or service without the express,
written consent of Purity Link, Inc. is prohibited.
7.
Purity
Link
offers filtered Internet access. Purity
Link
maintains the right to block access to any Web sites it
deems offensive. Web sites to be filtered out are at the
sole discretion of Purity
Link. User
understands, agrees to accept as part of service, and
retains no right to hold Purity Link, Inc. accountable
for the fact that Purity
Link cannot
guarantee it can block out every objectionable web site.
8.
Unlimited usage of services is defined as no maximum for
attended usage. The User must be actively using his/her
account in person while they are connected to services.
Unattended use is strictly prohibited, and user accounts
will time-out after approximately 15 minutes of
inactivity.
9. User
is responsible for all use of User’s account(s) and
confidentiality of password(s). Purity
Link
will suspend access or change access to User’s
account(s) within a reasonable time upon written
notification by User that his/her password has been
lost, stolen or otherwise compromised.
10. User
is responsible for all local or long-distant telephone
charges for connecting to Purity
Link.
11. User
agrees to pay Purity
Link all charges
relating to the use of User’s account(s) according to
rates and prices published on-line at the time the
service is used. On-line rates and prices are
incorporated into this Agreement by reference. User is
also responsible for monthly storage charges as
described on-line. Prices may be found on the Purity
Link
web site. Use of the system shall be conclusive
acceptance and agreement of the rates, prices and
storage charges published on-line whether or not User
may take steps to verify such prices prior to use.
12.
Purity
Link
reserves the right to change prices without notice.
13.
Purity
Link
reserves the right, in its sole discretion to suspend
access to service for User’s account(s) upon
indication of credit problems including delinquent
payments or rejection of any credit card charges.
14. THE
PURITY LINK SERVICE IS PROVIDED ON AN "AS-IS, AS
AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
MADE WITH RESPECT TO PURITY LINK OR ANY
INFORMATION OR SOFTWARE THEREIN. THIS NO WARRANTY
EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF
INCOME DUE TO DISRUPTION OF SERVICE BY PURITY LINK OR ITS PROVIDERS.
15.
Neither Purity
Link nor its Information
Providers are responsible for any damages arising from
User’s use of Purity
Link or by User’s
inability to Purity
Link service.
16.
Purity
Link
reserves the right to change without notice the Purity
Link
service, including, but not limited to, access
procedures, menu structures, commands, documentation,
vendors and services offered.
17.
Purity
Link
is not responsible for User’s personal files residing
on Purity
Link. User is responsible for
independent backup of data stored on Purity
Link.
18.
Purity
Link
reserves the right, in its sole discretion, to delete
User’s personal files after one or both parties
terminates Agreement.
19.
Purity
Link
reserves the right in its sole discretion to delete any
information entered into Purity
Link by User. Purity
Link and its authorized
representatives shall have the right, but shall not be
obliged, to edit publicly viewable information.
20. USER
HEREBY AGREES THAT ANY MATERIAL, SUBMITTED FOR
PUBLICATION ON PURITY LINK THROUGH USER’S
ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT,
TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY
RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR
LIBELOUS.
21.
Purity
Link,
at its sole business judgment, may terminate this
membership Agreement immediately or suspend User’s
access to the service upon any breach of this membership
Agreement by User, including, but not limited to,
refusal or failure to pay for services provided or by
sole judgment of Purity
Link that User may
be
performing activities harmful to Purity
Link
or its Users, employees, vendors, business
relationships, or any other users of the Internet. Upon
termination, no further charges will be made to User’s
account. User may reapply for membership, although Purity
Link
reserves the right in its sole discretion to accept or
deny such application.
22. Due
to the public nature of the Internet, all e-mail is
considered publicly accessible and important information
should be treated carefully. Purity
Link is
not liable for protection or privacy of electronic mail
and information transferred through the Internet.
23.
Purity
Link
reserves the right to terminate access to service for
any User account which has been inactive for 2 months.
24. Purity Link
prohibits the misuse of it's Internet e-mail system:
· Purity
Link does not authorize the use of the Purity Link
Network (Purity Link’s proprietary data network, server
systems, and services) to accept, transmit, or
distribute unsolicited bulk e-mail (“spam”) sent to or
by any of its customers.
· Unsolicited
bulk e-mail sent, or caused to be sent, to or through
the Purity Link Network that makes use of, or that
contains invalid or forged headers, invalid or
non-existent domain names, or other means of deceptive
presentation, will be regarded as invalid and is
strictly prohibited.
·
Any e-mail
message relayed from a third party e-mail server without
the permission of that third party, or any message
traffic which employs techniques to hide or obscure the
source of the e-mail, is prohibited on the Purity Link
Network.
·
Purity Link,
Inc. does not authorize any individual, organization, or
device to send e-mail or cause e-mail to be sent to the
Purity Link Network that violates the Purity Link’s
Terms of Service.
· Purity
Link, Inc. prohibits the gathering of customer usernames
from its services for the purpose of sending unsolicited
bulk e-mail.
· Use
of distribution lists via electronic mail or other mass
electronic mailings is subject to approval by Purity
Link.
25. This
Agreement shall be governed by the laws of the State of
Florida.
26. In
the event it is necessary to refer any dispute to an
attorney or resolve it in a court of law, the prevailing
party will be entitled to an award of attorneys' fees
and all costs associated with any legal action, whether
or not a suit shall actually be filed.
27.
Purity
Link
may modify these terms and conditions upon notice
published On-line via Purity
Link. User's use
of Purity
Link's services after such notice
shall constitute User's acceptance of the modifications
to this Agreement.
28.
Non-enforcement of any section of this Agreement does
not constitute consent and Purity
Link
reserves the right to enforce this Agreement at its sole
discretion.
29. If
any one or more paragraphs in this Agreement is found to
be unenforceable or invalid, User's and Purity
Link's
agreement on all other paragraphs shall remain valid.
30.
Purity
Link
maintains control and any ownership of all IP addresses
and reserves in its sole discretion the right to change
or remove any and all IP addresses.
31.
Purity
Link
reserves the right to charge for incoming and/or
outgoing electronic mail if the volume for a single user
exceeds one thousand (1000) messages per month.
32.
Purity Link provides filtering service to the user with
the implied understanding of both Purity Link, Inc. and
the user that the service will remain filtered at all
times, and that the service will, as a result,
automatically restrict access to the majority of
Internet content deemed to be "objectionable"
in nature. "Objectionable" is herein
defined as content violating, at the sole discretion of
Purity Link, the standards published in the most current
revision of the Purity Link corporate document entitled
"About Our Filtering" available online at
http://www.puritylink.net.
33.
The filtering component of the filtered Internet access
service is provided "AS IS" and as a courtesy
offering to the user without warranties of any kind,
either express or implied. Although the service is
believed by the provider to accurately restrict access
to the majority of the content on the Internet
classified as "objectionable" according to
Purity Link's sole discretion, Purity Link disclaims any
and all warranties, express or implied, that the
filtered Internet access service will restrict access to
any or all content violating the terms of that document.
Furthermore, Purity Link disclaims any and all
warranties that content not violating the terms of that
document will at all times be allowed through the use of
the filtered Internet access service. Under
no circumstance will Purity Link, Inc, its owners,
officers, employees, affiliates, contractors, or
freelancers be responsible for the ability, or
inability, to access through the Purity Link filtered
Internet access service, any type of content, whether
deemed by the user as "objectionable" or NOT.
(rev.
1.02, 10/12/2005)
Purity
Link, Inc.
5800 Beach Blvd., Suite 335
Jacksonville, Florida 32207
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