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Terms of Service - Updated on 12/10/05
LanZing.Net
agrees to provide you with those services
set forth at the time of signup and you agree to abide
by the restrictions made below. In the event of any
violation of the below terms and conditions of using our
service,
LanZing.Net
reserves the right to suspend or terminate your account
immediately, without notice. If you do not wish to be
bound by the below terms and conditions of using our
service, then you may not access the service.
Warranty Disclaimer
No warranty's are made regarding the service.
LanZing.Net
does not
guarantee that the service will be uninterrupted or
error free.
LanZing.Net
exercises no control whatsoever over the content of
information that is passed through our system. The
service is provided on an "as is" basis.
Responsibility of Use
User shall assume all responsibility for all content
distributed, accessed, or viewed while connected to our
service. Under no circumstance shall
LanZing.Net
be held
liable for your actions while you are using the service.
In the event of a court order,
LanZing.Net
may
provide any and all information that they request of us
to them. User is responsible for making sure the access
number they dial is a local toll-free call. Under no
circumstance will
LanZing.Net
be responsible for long distance
charges incurred to the enduser by using the service. If
you have any doubts if a number is local, please call
your local operator by dialing 0.
Limitation of Liability
Under no circumstances shall
LanZing.Net, our
agents, our providers, or employees be liable for any
damages, which result in any way from user's use or
inability to use the service or any part thereof. This
includes all direct and indirect damages, special,
punitive or consequential damages that may result from
busy signals, errors, delays in the service, deletion of
files, viruses, theft, or alteration of a user's
computer. In the event that
LanZing.Net
are found liable under any
circumstance under the terms of this agreement, our
liability shall be limited to the unused balance of
user's subscription payment pro-rated to reflect the
current term.
Age Limit
User represents to us that he or she is 18 years of
age or older. User understands that certain materials
available from Service provided under the terms of this
Agreement may not be suitable for individuals under the
age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited
materials some of which are sexually explicit or may be
offensive. User accesses such materials at his or her
own risk.
LanZing.Net
have no control over and accept no responsibility
whatsoever for such materials.
Restrictions of Use
User understands that the following restrictions are
applied to the service:
User May Not:
Send SPAM, or bulk email when dialed into the
network.
Post offensive, threatening, or SPAM, when using the
newsgroups.
Use their personal FTP site for business sites.
Post or transmit viruses or any harmful component to
others.
Transmit anything that is protected by copyright
without permission.
Attempt to violate the security of any computer
network
Engage in any illegal activity.
Share their account information with any other
person.
Dialup Restrictions
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 15 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 an unlimited 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.
Email Restrictions
User agrees that Port 25 (SMTP) is blocked for all
outgoing mail servers except our own.
User may not send to more than 25 recipients at a
time.
User may not send more than 100 emails per hour
period.
User may not send from an email address that is not
their own.
User may not send an email that is over 10 MB in
size.
User may not forge message headers to hide the
origin of their email.
Provider may block certain attachment types used in
transmitting viruses.
Provider may run a virus scanner on all mail and
drop mail containing viruses.
New Email is kept on the server for only 60 days.
Webmail (Inbox) is kept on the server for only 60
days.
Webmail (Sent folder) is kept on the server for only
30 days.
Webmail (Trash folder) is kept on the server for
only 7 days.Hosting
Restrictions
User may not run any daemons on the server.
User may not run any program that sends out bulk
email through the hosting server.
User may not run any formmail.pl program earlier
than version 1.92
Although
LanZing.Net
advertises unlimited bandwidth, we reserve the right to
inform you that you must transfer your website if an
excessive amount of bandwidth is being used. User may
not purchase more than 1 hosting package and link them
together in an attempt to get around our bandwidth or
website size restrictions.
LanZing.Net
currently does not allow websites
that exceed 15 GB of bandwidth per month to host on our
servers. If the request is not met within 5 days,
LanZing.Net
reserves
the right to remove the website from our system.
You agree not to post any of the following restricted
contents: Illegal, Abusive or Unethical Activities
include, but are not limited to, pornography, obscenity,
nudity, violations of privacy, hacking, computer virus,
gambling, or promotion of gambling, and any harassing or
harmful materials or uses, as determined by us. You
agree to indemnify and hold
LanZing.Net
harmless from any claim resulting
from your publications or use of Illegal, Abusive or
Unethical materials.
LanZing.Net
reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in
its sole and absolute discretion, are unacceptable,
undesirable, or in violation of this Agreement.
Right to Cancel
LanZing.Net
reserves the right to cancel Service for any reason
without prior notice. In the event that a user's service
is cancelled for a reason outside of this TOS,
LanZing.Net
will
refund the user the unused portion of that month's
service at the time of cancellation.
System Backups
LanZing.Net
does
not and will not perform system backups on any User's
E-mail account(s).
LanZing.Net
shall not be held responsible for any
lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data
loss or system causes. Except as otherwise set forth
herein,
LanZing.Net
will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
Although
LanZing.Net
does perform system backups on hosting content,
LanZing.Net
shall not
be held responsible for any lost web data, web files, or
any website contents, regardless of the reasoning for
data loss or system causes. User should always keep
their own backup of their website. Except as otherwise
set forth herein,
LanZing.Net
will not provide historical data, to
any party for any reason, regarding any system or
Internet activity.
LanZing.Net
does
not perform backups on the mysql databases.
LanZing.Net
shall not
be held responsible for any lost data. User should
always keep their own backup of their database content.
No Confidentiality
Information transmitted through
LanZing.Net
and
through the Internet in general is not confidential.
LanZing.Net
can not
and shall not guarantee privacy or protection of any
User.
LanZing.Net
reserve the right to monitor any User's transmissions
when deemed necessary for providing proper service
and/or to protect the rights and property of our
company.
Privacy Policy
LanZing.Net
will
not use or sell your email address or personal data to
any 3rd party, with the exception that if
LanZing.Net
sells the
majority of its assets or business, it may provide this
data to the purchaser of the business so that they can
continue providing service to our endusers.
Billing Policies
Upon signup, the enduser will be billed for the
prorated portion of the month. In the event that the
enduser signs up for service after the 25th, they will
be billed for the prorated portion for the days
remaining plus the next month service fees.
All recurring transactions take place on the 26th of
the month. If the billing is declined,
LanZing.Net
will
attempt a rebill between the 28th to the 30th and may
continue to do so every few days for service. It is the
End Users responsibility to make sure that
LanZing.Net
always
has the most up to date contact and billing information
for their account. Under no circumstances will
LanZing.Net
be liable
for bank fees incurred by the User for
LanZing.Net
attempting to charge for service. If the billing
continues to be declined after 15 days the account may
be subject to cancellation for non-payment.
If you do not want your account charged on the 26th,
you may request an alternate billing date, you must
email or call our billing department to request it.
Please give us at least 5 days for processing . Please
call us if you need it changed immediately. If you send
an email, You will receive an email reply once it has
been changed, if you do not receive a reply, the change
has not been made. If you send an email it is your
responsibility to make sure that you get the reply that
its been done.
LanZing.Net
will not be liable for any bank fees due to non
processed requests.
LanZing.Net
accepts checks & money orders but only for semi annual
or annual payments. Month to month is not available for
any methods besides credit cards or electronic check.
Refunds for a check or money order subscription are
available by the following calculation: Amount Paid
minus number of months since service began * 19.95. A 30
day holdback is placed on all check payments before
issuing a refund to ensure that the check has time to
clear the bank. No exceptions are provided.
Refunds will be only given upon request in the first
seven (7) days of service if the user states that they
were not happy with the service provided and provides a
reason for cancellation. Refunds are only available for
credit card transactions. Online check transactions are
not eligible for the seven (7) day satisfaction
guarantee.
Any billing disputes done through the bank will
result in immediate cancellation of our
LanZing.Net
account. Please direct all billing disputes to our
billing department. For any accidental disputes, if you
wish to get your service reinstated you will have a
$15.00 per dispute reinstatement fee.
If a electronic check or a check payment is returned
for any reason a $5.00 returned check fee will apply.
Refer-A-Friend Program
A free month of service is issued to a customer's
account after the referred account has been active for
60 days. Credits are only available to accounts in good
standing. A valid
LanZing.Net
username must be provided at
signup for a referral to be applied. Signups that
include a promotional code or are referred though a
reseller are not eligible for referral credit. Free
service is not exchangeable, transmissible, or
refundable. All credit will be applied to the end of the
current paid period.
Cancellation Policy
You can cancel your service one of three ways.
By mail to:
LANZING INTERNET
222 W. Howe Ave.
Lansing, MI 48906
By Phone to: 1-800-961-ZING
By fax to: 1-800-961-9464
Please include your name, address, return phone
number, dial-up username, and email address as well as a
request to cancel service and the date you want the
cancellation to occur.
Accounts are invoiced and billed on the 26th day of
each month. Cancellations are processed at the end of
each billing cycle. (ie. if you cancel on January 26th,
your cancellation date would be the end of February).
LanZing.Net
does not
offer prorated refunds for service beyond the initial 7
day guarantee.
If you have an alternate billing day, you must still
call us to cancel prior to the 26th to avoid a charge on
the next billing day. Our policies do not change because
of the billing day,
LanZing.Net
is just doing you the courtesy of
changing it so it is more in line with when you get
paid, however the billing is still for the same service
period as our standard billing dates.
Failure to Comply With Terms
and Conditions
LanZing.Net
may
deny User access to all or part of the Service without
notice if User engages in any conduct or activities that
LanZing.Net
in our
sole discretion believes violates any of the terms and
conditions in this Agreement. If
LanZing.Net
denys
User access to the Service because of such a violation,
User shall not have the right (1) to access through us
any materials stored on the Internet, (2) to obtain any
credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services,
merchandise or information on the Internet through us,
and
LanZing.Net
shall
have no responsibility to notify any third-party
providers of services, merchandise or information nor
any responsibility for any consequences resulting from
lack of notification.
Miscellaneous
In the event that any portion of this Agreement is
held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of
the parties and the remainder of the provisions shall
remain in full force and effect.
Our failure to insist upon or enforce strict
performance of any provisions of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between parties nor trade
practice shall act to modify any provision of this
Agreement.
LanZing.Net
may
modify this Agreement from time to time by placing a
notice of such modification on our website, and User's
continued use of the Service following notice of such
modification shall be deemed to be User's acceptance of
any such modification. It is User's responsibility to
check this online area regularly to determine whether
this Agreement has been modified. If User does not agree
to any modification of this Agreement, User must
immediately stop using the Service.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Michigan
without regard to its conflicts of law provisions. Any
cause of action User may have with respect to the
Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause
of action is barred.
LanZing.Net
shall
not be liable or deemed to be in default for any delay
or failure in performance under this Agreement or
interruption of service resulting directly or indirectly
from acts of God, civil or military authority, acts of
public enemy, war, riots, civil disturbances,
insurrections, accidents, dire, explosions, earthquakes,
floods, the elements, strikes, labor disputes, shortages
of suitable parts, materials, labor or transportation or
any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or
claim arising out of, in connection with, or in relation
to this Agreement, or the breach thereof, naming us as
the defendant, shall be proper only in a venue
determined by
LanZing.Net.
In any action between
LanZing.Net
and User to enforce any of the terms
of this Agreement,
LanZing.Net
shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement
between User and
LanZing.Net
with respect to the Service. |
