CUSTOMER SERVICE AGREEMENT
Goldlink.Net and First Internet Alliance of Middle Georgia (FIAMG) refered to as "Goldlink.Net" refers to its employees, officers, franchisees, contractors, joint venture partners, investor and designees . "User" means the individual user whose name appears on the account and his or her spouse, dependent children, relatives, guests, and invitees who use the principal account and/or associate account at the user's address and all businesses (whether a proprietorship, partnership, association, trust, corporation, limited liability company, or other legal entity) which use the principal account and/or associate account at the user's address. All provisions of Goldlink.Net's Customer Service Agreement ("Agreement") apply to the user's principal account and associate accounts billed to the principal account. The benefits of or rights conferred by this agreement are nontransferable. Use of Goldlink.Net 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.
2. Acceptability of this agreement.
By utilizing Goldlink.Net's services including dial-up TCP/IP connections to the Internet and web services including free personal web sites you have agreed to be legally bound by the terms and conditions of this agreement and you acknowledge that you have carefully read this agreement and you understand its terms.
3. Services to be Provided.
Goldlink.Net agrees to provide you, directly or through our subcontractors and affiliates, with certain electronic communications services, including dial-up TCP/IP connection to the Internet and a personal web site. Goldlink.Net reserves to right to change without notice the Goldlink.Net's service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. Goldlink.Net reserves the right to terminate or change priority of any process started by said user.
Goldlink.Net will allocate system resources to provide all accountholders with the best service possible. As part of resource allocation, Goldlink.Net may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions. Additionally, Goldlink.Net may institute services and fees for account holders who are interested in accessing system resources above and beyond acceptable usage.
User agrees to pay Goldlink.Net all charges relating to the use of User's account(s) according to rates and prices stated and disclosed at point of sale at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE if applicable. User is responsible for charges at the time the service is used and Goldlink.Net may apply the amount due to User's credit card or Electronic Debit account at any time. Goldlink.Net may, from time to time, offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact Goldlink.Net to cancel during the trial period and receive verification that cancellation has occurred.
Goldlink.Net will charge your credit card or debit your checking account with an electronic funds transfer in advance for your monthly subscription connection fee as set forth in the On-line Registration located at our website or explained during the telephone order taking process. Goldlink.Net may modify our rate schedule without any prior notice with any rate changes to take effect upon next billing cycle.
Goldlink.Net reserves the right to delete user's personal files after one or both parties terminates agreement. Goldlink.Net reserves the right in its sole discretion to delete any information entered into Goldlink.Net by User. Goldlink.Net and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.
Goldlink.Net may terminate your account and connection: (a) if the monthly automated credit card charged for your subscription connection fee is declined (b) the electronic funds transfer debiting your checking account for your subscription connection fee is declined due to insufficient funds; (c) if you violate our Acceptable Use Policy; (d) if you breach any term of this agreement; or (e) for any reason, in our sole discretion.
You may terminate your account at any time upon written notice to us. You are liable for all fees you incur prior to termination of your account.
In the event your account is terminated due to non-payment, you will be required to bring the account current including any additional fees which were incurred prior to termination of your account. When paying by check, user expressly authorizes Goldlink.Net to debit user's checking account for the amount of a check returned unpaid by user's bank, plus up to a $25 returned check fee.
5. System Resources.
Goldlink.Net may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in section "D. Billing/Terms/Termination" above.
System abuse is defined as any use of Goldlink.Net resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of Goldlink.Net servers.
Users may not run programs which provide network services from their accounts. Examples of prohibited programs include, but are not limited to, "e-mail", "http","https" and "IRC" servers and multi-user interactive forums.
User may only make use of Goldlink.Net system resources while logged in. The sole exceptions to this policy are email filters, which process and sort mail as it arrives. Unless otherwise authorized through a Goldlink.Net approved program, no user may have more then one concurrent logon session. Idle time-outs may not be defeated by auto-generation of data to mimic user activity. Goldlink.Net systems are for interactive use only.There shall not be any refunds for prepaid accounts.
6. User Responsibilities.
The user is responsible for all acts initiated from his/her account. The user should not share his/her password. 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).
User is responsible for all use of User's account(s) and confidentiality of password(s). Goldlink.Net will suspend access or change access to User's account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. Goldlink.Net is not liable for any usage and or charges prior to Goldlink.Net making the necessary account alteration.
6.2 Telephone Charges:
User is responsible for all telephone charges for connecting to Goldlink.Net. This includes local, long distance, service or equipment charges billed to Customer. Users whose accounts are terminated for any breach of this agreement are also responsible for the cost of labor to cleanup and respond to complaints incurred by Goldlink.Net.
Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this contract.
7. No Warranties.
Goldlink.Net MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Goldlink.Net, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. Goldlink.Net EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. Goldlink.Net shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data from delays, non-delivery, miss-delivery, or service interruptions, regardless of cause or fault. Goldlink.Net are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause Goldlink.Net is held liable to you, your damages shall be limited to a refund of your sign-up fee and for the fees charged to you in the month or months the alleged loss occurred. Goldlink.Net SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USER's USE OF Goldlink.Net SERVICES EVEN IF Goldlink.Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Acceptable Use Policy ("AUP")
8.1 Connection Time:
You agree not to leave your dial-up connection logged in for unreasonable long periods of time , i.e. running IRC Bot's 24 hours a day, leaving your account connected without activity for an unreasonable period of time. We reserve the right to disconnect users who violate the "Acceptable Use Policy" without warning.
8.2 Community Standards:
You agree to use our system in a manner that is ethical and in conformity with community standards
You agree to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized, in writing, to do so by that user)
8.4 Copyright Laws:
You agree to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. Use of text or images created by others without their permission is copyright infringement and is prohibited.
You agree to respect the integrity of computing systems (for example, you shall not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system)
You agree to refrain from creating routing patterns that are inconsistent with the effective and shared use of the network
You agree not to post unsolicited advertising except to those mailing lists or news groups that explicitly allow advertising.
8.8 Illegal Activity:
Use of Goldlink.Net for illegal activities of kind, including unauthorized use (or attempted unauthorized use) of Goldlink.Net's machines or other machines on the Internet, forging header information or user identification information, software piracy, and copyright or intellectual property infringements is prohibited. User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Goldlink.Net reserves the right to cooperate with all or any law enforcement agencies.
9.World Wide Web
Use of web pages for advertising purposes is prohibited on personal web sites. Resumes are permitted on personal web sites.
Unauthorized reselling web space is prohibited.. Selling advertising on a personal web site, or taking credit card orders requires a Goldlink.Net business web site account.
9.3 Adult Content:
Pages containing adult content, including but not limited to, pornography, nude images, profanity and sexual content may not be stored on Goldlink.Net's servers or be linked to servers associated with Goldlink.Net.
9.4 Disk Usage:
You agree not to exceed 2MB of disk usage as measured on Goldlink.Net drives; exceeding 25MB of traffic in a one month period; regularly sending similar or unsolicited e-mail messages to more than 20 Goldlink.Net members and/or Internet users in a "listserver" type fashion; reselling of Goldlink.Net disk space to clients, customers, associates or others not directly purchasing services from Goldlink.Net; hosting of web sites on Goldlink.Net servers for clients, customers, associates or others not directly purchasing services from Goldlink.Net, or soliciting of and/or displaying of and/or accepting compensation for the display of banner and/or text based advertisement or other references to organizations, individuals or services other than Goldlink.Net.
Any personal web site engaging in any misuse of our AUP will be suspended without further notice to USER.
10. Usenet Newsgroups
Goldlink.Net places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion. Posting more than 20 copies of the same article or continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy). Posting articles with forged header information (e.g., a falsified "From:" field) is prohibited. Use of anonymous remailers is acceptable use, so long as the use is not otherwise illegal or contrary to this agreement.
Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. Using an account from Goldlink.Net as a mail drop for responses originating from mass e-mailing or excessive newsgroup postings is prohibited. Any email box exceeding 5MB may have incoming mail bounced until the user removes a sufficient number of messages as to return to compliance with this Policy.
There is a 50MB per day per account limit on FTP transfers from Goldlink.Net servers. Users whose accounts are generating transfers which surpass the limit or which consume an excessive percentage of Goldlink.Net's FTP resources may receive a warning from Goldlink.Net . Continued excessive use of Goldlink.Nets's FTP resources may result in suspension or termination of the account.
13. Internet Relay Chat.
Use of IRC bots or storing them on Goldlink.Net's servers is prohibited. Impersonating other users by forging one's email address is prohibited.
If Goldlink.Net learns of a violation or likely violation of our AUP, Goldlink.Net will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the AUP, Goldlink.Net reserves the right to terminate your connection immediately. Every effort will be made to inform you prior to disconnection, and to re-establish your connection upon receiving such representations from you as Goldlink.Net deems appropriate in the circumstances.
You agree to indemnify and hold us harmless from any claim resulting from your use of this service which damages any person.
TCP/IP dial-up connections cannot be used as a dedicated line including an unlimited access account unless the dial-up account is specifically denoted as a "dedicated" account.
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account name and password, you shall remain liable to us for any fees due under this agreement.
Goldlink.Net may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
15. Information Release.
You agree to permit us to list your participation in our service in such directories or postings as Goldlink.Net deems necessary or appropriate to the conduct of our service. These listings will contain only your name and user ID. Goldlink.Net will not publish your phone number or address without permission.
16. Installation of Software.
Goldlink.Net will provide you with telephone support to assist you in connecting to our service. Due to the complexity of modern telecommunications, Goldlink.Net cannot assure that you will be successful in securing a reliable connection. If you are unable to secure such a connection, on return of your setup materials, Goldlink.Net will refund your subscription fee, and this agreement shall terminate upon such refund.
17. Access to Other Networks.
Use of other networks may require approval of the their network authorities. Your use of such networks will be subject to any acceptable usage policies they establish.
18. Change of Terms and Conditions.
Goldlink.Net reserves the
right to change the terms and conditions of this agreement by giving you notice
at least 30 days in advance of the effective date of the change. Use of our
connection by you after the effective date constitutes acceptance of those new
terms and conditions. If you does not agree to the new terms and conditions,
you may terminate this agreement in accordance with Section D.
19. Notification of Account Changes.
You agree to provide us with such other information relating to your use of this service as Goldlink.Net deems necessary or desirable. You agree to notify us if your address or billing information changes.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with confirmed receipt; if sent by fax; or on the third day after mailing by first class mail, provided the notices are sent to the addresses set forth in the first paragraph of this agreement.
21. General Provisions.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section L, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing below represents that he or she is duly authorized to enter into this agreement on behalf of that organization. This agreement shall be construed in accordance with, and shall be governed by, the law of the State of California, unless Internet service is being provided by an independently licensed and operated franchise of FIFC in which case this agreement shall be construed in accordance with, and shall be governed by, the law of the State in which such franchise headquarters is located in. Venue for any dispute arising under this agreement shall be in Orange County, California, unless Internet service is being provided by a independently licensed and operated franchise of FIFC in which case venue for any dispute arising under this agreement shall be in the County in which such franchise headquarters is located in. In the event of a dispute, the parties agree to submit the matter to the American Arbitration Association ("AAA") before instituting litigation.
22. Effective Date.
This Agreement shall be effective as of the date of User's first use of Goldlink.Net's services. This Agreement shall be effective without execution by User.