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The user/account
holder (hereinafter referred to as "you") must completely
read these terms and conditions for GO Concepts, Inc. (hereinafter
referred to as "GO"). These terms completely and
unconditionally govern the use of GO. GO reserves the right
to modify or change any and/or all parts of these terms with
no notice to you. Any modification is effective immediately
upon any or all of the following: posting on the GO service,
electronic mail, or conventional mail. If you do not understand
any part of this document you must halt using the service
and contact GO immediately. Do not use the service until all
of your questions/concerns have been answered. If there is
any part of these terms that you find unacceptable YOU MUST
AND ARE REQUIRED TO TERMINATE YOUR MEMBERSHIP. Your initial
and continued use shall be conclusively deemed as an acceptance
to all of these terms as well as any modifications that you
have been notified of.
GO Concepts, Inc. ("GO"), is a computer,
interactive information, communication and transaction service
allowing access to the Internet, bulletin boards, private
networks and other communications outlets. The GO service
is only available to authorized members with GO authorized
accounts. It is accessible through personal computers, or
other access devices and a communications connection of any
kind.
- GO, exercises no control whatsoever over
the content of the information passing through it and you
are warned that some information you receive may be offensive
or, on occasion, obscene. If you are offended by certain
language or expression of certain ideas, then by using this
service you acknowledge that you have read this warning
and will not hold GO responsible for any language, thoughts,
graphics, or discussion which may be part of information
viewed by you on the Internet system. As GO does not desire
to degrade the exchange of legitimate information contained
on the Internet, any information originated by you must
comply with these terms and conditions and not be patently
offensive or obscene.
- GO grants to you a non-exclusive, non-transferable
right to access, use and display the GO service on any machine(s)
of which you are the primary user. The GO service is provided
on an "as is," "as available" basis
without warranties of any kind neither expressed nor implied
warranties of merchantability or fitness for particular
purpose. No oral advice or written information given by
GO, its employees, licensers or the like, shall create a
warranty; nor shall you rely on any such information or
advice.
- These Terms and Conditions supersede all
previous representations, understandings or agreements and
shall supersede any other terms and conditions of any order
submitted or prior price quoted.
- Under no circumstances, including negligence,
shall GO, or anyone else involved in creating, producing
or distributing the GO service be liable for any direct,
indirect, incidental, special or consequential damages that
result from the use of or inability to use the GO service
including but not limited to reliance on any information
obtained on the GO service; or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, errors,
defects, viruses, delays in operation, or transmission,
or any failure or performance, whether or not limited to
acts of God, communications failure, theft, destruction
or unauthorized access to GOs records, programs or
services. You hereby acknowledge that this provision shall
apply whether or not GO is given notice of the possibility
of such damages and that this provision shall apply to all
content, merchandise or services available through the GO
service.
- You understand that except for information
products or services clearly identified as being supplied
by GO, neither GO, nor any of its affiliates, operates or
controls any information, products or services accessible
through the GO service in any way and that, except for such
GO identified information, services or products, all merchandise,
information and services offered or made available or accessible
through the service are offered or made available or accessible
by third parties who are not affiliated with GO or its affiliates.
You expressly agree that use of the GO service is at your
sole risk and you agree that any information, service or
product accessible through the service is without warranties
of any kind by GO and its affiliates, either express or
implied, including, but not limited to, warranties of title
or implied warranties of merchantability or fitness for
a particular purpose.
- You may order and purchase merchandise or
services from other you and users of other communications
outlets including the Internet. You acknowledge that all
transactions concerning third party ("Seller")
merchandise or services, including but not limited to purchase
terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between Seller and you. GO shall
not be a party to a transaction between you and Seller,
or be liable for any cost or damage arising either directly
or indirectly from any action or inaction of Seller or you.
- GO reserves the right to change the rates
by notifying you 30 days in advance of the effective date
of change. If you do not request your service be terminated,
service will continue at the new rate.
- Viruses: It is recognized that the Internet
may contain viruses which may, if not eliminated, destroy
parts or all of the data contained within your computer.
GO has no control over these viruses. Neither does GO provide
any filtering or checking of data to eliminate these viruses.
You agree to provide your own mechanism for checking your
computer system for viruses and to hold GO harmless from
any damage caused by viruses obtained through GO services.
Further, you agree not introduce any virus onto the Internet
system or GOs system. If you do so, then service will
be terminated immediately. Further, you agree to hold GO
harmless from, and to indemnify GO for, any damages or claims
for damages resulting from any viruses introduced by you
into the Internet system or the GO computers.
- Standard PPP (Point to Point Protocol) restrictions:
Idle time GO reserves the right to terminate a connection
after 10 minutes of "idle" activity.
- E-mail storage
Each user should make every effort to retrieve mail
from POP3 mail server as often as possible. If you have
important information on file, dont leave it on the
GO system - download it to your own disk.
- GO may only be used for lawful purposes.
Transmissions of any material in violation of any US, state
or local laws or regulations is prohibited. This includes,
but is not limited to: copyrighted material, material legally
judged to be threatening or obscene, or material protected
by trade secret. You agree to indemnify and hold harmless
GO from any claims resulting from your use of the service,
which damages you or another party.
- Any access to other networks through GO must
comply with the rules appropriate for that other network.
- All postings to USENET must comply with the
etiquette guidelines posted in news.announce.newusers, and
also with the posted charter of the newsgroup(s) to which
you are posting. Non-compliance with these rules will result
in the termination of your account without prior notification.
- All use of GO must be within the restrictions
associated with your account and as set forth herein. GO
reserves the right to terminate service to accounts that
exceed their restrictions.
- You are responsible for the protection of
your account and data. You are advised that the Internet
is not a secure system. Data can be, and often is, viewed
by third parties. Information or a private or confidential
nature should not be placed on the system. GO specifically
denies any responsibility for the security of your account
and the data stored in GOs facilities.
- Use of information obtained via the GO communications
service is at your own risk. GO specifically denies any
responsibility for the accuracy or quality of information
obtained through its services.
- You are responsible for all charges (e.g.,
telephone) associated with connecting to the GO service
through an available access number. You are responsible
for obtaining or providing all telephone access lines, telephone
and computer equipment (including modem), or other access
device, necessary to access to the GO service.
- You certify to GO that you are not a minor.
A minors parent or legal guardian may authorize a
minor to use their account(s) under supervision by the parent
or guardian. A parent or guardian may register the minor
up for a separate e-mail, but the parent or guardian assumes
all responsibilities for any effects the e-mail account
has on said minor, including but not limited to: psychological
or mental effects. For purposes of identification, billing
and marketing, you agree to provide GO with accurate, complete,
and updated information required by the registration to
the GO service, including but not limited to, your legal
name, address, telephone number(s), and applicable payment
data (e.g., credit card number and expiration date). You
agree to notify GO within 15 days of any changes in registration
data. Failure to comply fully with this provision may result
in immediate suspension or termination of your right to
use the GO service.
- You understand that information available
to you through the GO service may include materials that
are unedited, sexually explicit or offensive to you and
that your access to such materials is at your own risk.
GO has no responsibility for or control over such materials.
- This agreement shall be governed by the laws
of the State of Ohio. You agree that any controversy or
claim against GO or its directors or officers, including
any claim of misrepresentation, arising out of relating
to this Agreement or the GO service, shall be filled in
the courts of the county of Warren, state of Ohio. Any such
claim must be commenced within one (1) year after the claim
arises or the claim is time barred.
- Upon request of GO, you agree to defend,
indemnify and hold harmless GO, its officers, directors,
employees, agents and licensees, from any claims and expenses,
including reasonable attorneys fees, arising out of
or relating to your use of the GO service.
- This agreement constitutes the entire agreement
between you and GO and supersedes all prior agreements between
you and GO. GOs failure to enforce any provision of
this Agreement shall not be construed as a waiver of any
provision or right. In the event that a portion of this
Agreement is held unenforceable, the unenforceable portion
shall be construed as closely in accordance with applicable
laws as possible to reflect the original intentions of the
parties and the remainder of the provisions shall remain
in full force and effect.
- You acknowledge that the transmission of
a single, unsolicited e-mail message to a large number of
recipients, or the posting of a single message to a large
number of USENETs or newsgroups, whether the message is
commercial in nature or otherwise, imposes a tremendous
burden on the service because of its excessive use of disk
space and bandwidth. A message is unsolicited if it is posted
in violation of a USENET or newsgroup charter and/or if
it is sent to a recipient who has not requested the message
and with whom you have had no prior contact. You agree not
to engage in such transmissions. If GO learns that you have
in a single day, sent the same or similar unsolicited message
to 50 or more recipients or 15 or more USENETs or Newsgroups,
GO will warn you against such transmissions in the future.
You acknowledge that subsequent to such warning, any transmission
by you of an unsolicited message to 50 or more recipients
or 15 or more USENETs or newsgroups on a single day will
result in the immediate termination of your account. In
such cases, you agree to pay GO damages of $75 to compensate
GO for the costs of enforcing this provision.
- Payment is due in advance, on the first day
of each month. Accounts are in default if payment is not
received within 10 days after the due date. A default account
may be suspended or terminated without notice. On the 11th
day if payment is not received, we will use the deposit
on file, if any, to pay for that months access. If you have
a Credit Card on file then we will charge the Credit Card
for that months access, GO reserves the right to charge
valid Credit Cards on file for any unpaid balance due on
an account. If we have already taken your deposit the month
before or your Credit Card was Declined, then your account
will be terminated. Unpaid accounts are subject to collections
where additional fees may apply.
- Only a written request, via e-mail and/or
US Mail will terminate your service, and relieve you of
your obligation to pay the full monthly account charge.
An act of default accelerates payments to be due immediately,
as credit is no longer being extended.
- If you default in the payment of any amounts
owed hereunder, you agree to pay GO its actual expenses,
including attorney and collection agency fees, plus interest
and fees allowable by law incurred in enforcing its rights
under these terms and conditions.
- This service may be canceled by either party,
in writing, at any time with no penalty. If you elect to
terminate your service in this manner, charges will cease
upon receipt by GO of your written request. The account
will be prorated to this date and any credit will be applied
to account only; no cash refunds will be made. In cases
of advanced payment in which a discount was received no
refunds or credits will be given.
- You are authorized only for a single log-on
on the system. Multiple log-ons and background processing
are prohibited.
- The web space/personal home page included
with Residential accounts MAY NOT be used for Commercial/Business/Organization
purposes.
- You may for no reason disclose your password
to the system. Any unauthorized use must be immediately
disclosed to GO, so that proper security can be re-established.
- You understand and agree that unauthorized
access of any computer network is illegal and may be punishable
by fines or imprisonment or both under Ohio and federal
laws.
- If you have a returned check you will be
assessed a $25.00 penalty. We will attempt to bill your
alternate payment method immediately. If collection cannot
be made, your account will be suspended until payment is
made and verified as not in default.
- Unlimited access does not mean dedicated
service. User agrees to allow provider to force a 10 minute
idle timeout and 5 hour maximum session on their dial-up
account. Attempts to defeat the idle timer using a ping
bot or system tool, or the use of a redialer to automatically
reconnect once disconnected is prohibited. Inactivity
is defined as less than 500 bytes of data transferred
between User's modem and the service. User understands
that unlimited service does not mean dedicated service.
Dedicated service shall be defined as an average of more
than 10 channel hours a day, based on a 30 day calendar
month usage report. User may be blocked and forced to
upgrade to continue service if their unlimited account
is used as a dedicated connection. User understands that
some services may be offered as limited. Once the user
has reached their limit, they shall not have access to
the internet until the 1st of the next month. User will
not be given and may not purchase more than one limited
account in an attempt to get unlimited access on a limited
service. If user wants unlimited, they must purchase a
dedicated access account. The right to use the Service
is not transferable. Accounts are for User's use only.
User shall be responsible for the confidentiality of User's
password. Loaning User's account to others, connecting
a system used by multiple persons, group use of user log-ins,
and consuming more than one modem line are explicitly
prohibited. If User has multiple accounts, then User shall
be limited to one log-in session per system account at
any time.
The following items address, in particular, Cable Internet
Access, but also pertain to any and all other services we
provide.
- GO Concepts, Inc. strongly advises you not
to enable file sharing, as this may be a potential
security risk to your computer. GO Concepts, Inc. accepts
no liability for ANY security violations that involve your
computer.
- The following high bandwidth services are
strictly prohibited without written consent from GO Concepts,
Inc. for an account that permits them, these include but
are not limited to: hosting web sites, reselling of bandwidth,
running of FTP sites, running IRC servers, running Game
servers, or any other high bandwidth activity. GO Concepts,
Inc. reserves the right to cancel your account at any time
for any reason.
- Proxying of Cable Internet Access is not
supported or recommended by GO Concepts, Inc.. Support for
proxied networks must be obtained via third party, internally
by user, or by separate consulting agreement with GO Concepts,
Inc..
- If required, I authorize GO Concepts, Inc.
and/or Ferris Electronics to install an Ethernet (NIC) Card
in my computer. I understand this involves opening my computers
case and may involve configuration changes to the computer.
- I have COMPLETELY backed up my computer before
GO Concepts, Inc. and/or Ferris Electronics has come into
contact with it. I understand that GO Concepts, Inc. and/or
Ferris Electronics are not responsible for my data and agree
to hold GO Concepts, Inc. and/or Ferris Electronics harmless
in the event of ANY lost data due to any and all work/service
they provide.
- I understand that GO Concepts, Inc. and/or
Ferris Electronics reserves the right not to work on any
computer. This is primarily in cases where the computer
has or may have a virus or is experiencing general
protection faults and/or illegal operations
of any type, as well as has any type of hardware failure
or misconfiguration.
- GO Concepts, Inc. and/or Ferris Electronics
will not knowingly install software in violation of the
software license/copyright laws.
- I understand I am responsible for all interior
wiring at my location.
- I authorize GO Concepts, Inc. to provide
the City of Lebanon with any and all of my information with
regards to Cable Internet Access. I further understand that
billing for Cable Internet Access will be done by the City
of Lebanon.
These terms and conditions
are subject to change without notice.
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