LAST UPDATED: 10/26/2005
use of linkLINE network services constitutes Customer’s acceptance of all
Terms and Conditions of linkLINE Communications, Inc. Customer is hereby
defined as any person or entity utilizing any service on the linkLINE
is the sole responsibility of the customer to determine if the provided
linkLINE access telephone number(s) will be a local telephone call. Customer
is responsible for all phone charges incurred in connecting to linkLINE.
These include local messages units that may be applied to certain measured
residential and business telephone lines.
rights and benefits thereof are non-transferable. Use of linkLINE network is
expressly limited to Customer. Non-Dedicated Dial-up Connection (Standard
linkLINE Dial-up Account) Defined as a client based single-user attended
access account. Attended access is defined as interactive use of an
established Internet connection by the account holder. Interactive use
requires the physical presence of the account holder; in other words,
attended access. Pings, bots, and auto-checkers used to keep connections
running for unattended use are prohibited. Single-user is defined as one
concurrent login per access account holder. Multiple concurrent logins for a
single-user account will be considered a request for an additional Internet
access account and will be billed accordingly. Use of a non-dedicated
dial-up connection for the purpose of running any type of Internet server
(Web, Chat, FTP, etc.) or connection of a multi-user local area network
(LAN) to the Internet is expressly prohibited. Dedicated Connection: (DSL,
Hi-Cap, Co-Location) Defined as client and/or server-based multi-user
attended or unattended access account. A dedicated Internet access account
connection may be utilized for the purpose of running Internet servers, such
as Web, Chat, FTP, etc.
These Terms and Conditions supersede all previous
representations, understandings, or agreements and shall prevail
notwithstanding any variance with Terms and Conditions of any order submitted.
Connection to and/or use of linkLINE constitutes acceptance of these Terms and
All individuals accessing linkLINE represent to linkLINE
that they are 18 years of age or older. If under 18 years of age, such
individual is not permitted to access linkLINE unless the express written
agreement of such individual's parent or legal guardian has been furnished to
linkLINE. Certain material available through linkLINE may not be suitable for
individuals under the age of 18.
For the most up to date version of our Terms of Service,
LIMITATION OF LIABILITY, WARRANTY, AND SUITABILITY
expressly authorized under terms of written contract, account sharing, for
any type of account offered by linkLINE Communications, Inc. is strictly
prohibited and shall be cause for immediate termination of service.
Discounts may be available for multiple accounts.
Communications, Inc. (“linkLINE”) exercises no control whatsoever over
the content of the information passing through linkLINE. linkLINE makes no
warranties of any kind, whether expressed or implied, for the service it is
providing. linkLINE also disclaims any warranty of merchantability or
fitness for a particular purpose. LinkLINE will not be responsible for any
damage you suffer from use of linkLINE. This includes loss of data resulting
from delays, non-deliveries, mis-deliveries, or service interruptions caused
by its own negligence or by negligence of its upstream providers or
communications suppliers, your errors or omissions, or due to inadvertent
release or disclosure of information sent by you. Use of any information
obtained via linkLINE is at your own risk. linkLINE specifically denies any
responsibility for the accuracy or quality of information obtained through
is linkLINE’s policy to make reasonable efforts to maintain customer
confidentiality, and as such, will not to provide, sell, or in any way
disclose customer information to any organization, advertiser, or third
party, except when legally ordered to by an officer of the court.
Notwithstanding, linkLINE disclaims any obligation or warranty to maintain
the confidentiality of customer information or identity, and shall not be
liable for any accidental disclosure by other services located on the
Internet, the customer, or any other individual or user of the Internet.
Customer shall assume all responsibility for taking precautions to avoid
being placed on mailing lists or receiving unsolicited email (“SPAM”). While
linkLINE provides the option to filter SPAM, linkLINE shall not be held liable
or be expected to provide remedy for any incoming unsolicited bulk mail
("SPAM") originating outside LinkLINE's network beyond the efforts
of linkLINE's spam filtering service. Sole remedy
shall be a no-charge onetime change in customers’ email address, and
customer agrees to pay reasonable setup fees for subsequent changes. linkLINE
also reserves the right to filter mail deemed abusive to the network in order
to provide reliable service for our customers.
ACCEPTABLE USE AND RESPONSIBILITY OF CUSTOMER
may only be used for lawful purposes and with reasonable compliance to the
Acceptable Use Policy. Transmission of any material in violation any U.S. or
state regulation 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 linkLINE from any claims resulting from your use of the service,
which damages you or another party. Notwithstanding the above, you agree
that should we be found liable in a court of law for any action related to
the use of linkLINE service that our liability shall be limited to the
unused balance of your monthly payment, pro-rated to reflect your current
month. You will further agree that we reserve the right to terminate further
service to your organization upon notice that you have, or intend to,
initiate legal proceedings against linkLINE of any kind.
linkLINE subscribers agree to use and use only the email address as
confirmed at time of signup for their “Return” and/or “Reply-To”
Internet email address for all communication with linkLINE such as Customer
Support requests and billing inquiries. The use of a “fake” email
address, email address belonging to another Internet user, or no email
address as a “Return” and/or “Reply-To” Internet email address is
prohibited and such use shall be cause for immediate account termination.
of linkLINE network for bulk and/or unsolicited email (“SPAM”),
commercial or otherwise, is prohibited and shall be cause for immediate
account termination. Use of linkLINE’s NNTP news server for cross-posting
messages to more than 10 news groups, the posting of off-topic messages to
newsgroups, and/or as an advertising medium is prohibited and shall be cause
for immediate account termination. The use of forged headers is prohibited.
The use of the linkLINE network to gain access and transmit unsolicited bulk
email (“SPAM”), through a non-linkLINE server is prohibited. Termination
of service based upon the criteria provided herein, a full excelleration of the agreement may be imposed whenever the
linkLINE network is utilized, in whole or in part, for transmission of
unsolicited bulk email. Customer shall be held liable for any and all costs
incurred by linkLINE as a result of customer violation of these terms and
conditions; including but not limited to attorney fees and costs resulting
from Postmaster responses to complaints, and cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings and/or news server
violations. linkLINE’s current hourly rate for Postmaster responses to
complaints and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations is US $150 per
hour, with a minimum one (1) hour charge.
or email abuses originating from a non linkLINE account will be treated as
if they originated from the customer’s linkLINE account when the article
or email message in question contains any references whatsoever to a
linkLINE hosted web site, FTP site, email address, etc.
use of linkLINE to transmit certain kinds of information (including without
limitation, computer software and other technical data) may violate export
control laws and regulations of the United States, whether that information
is received abroad or by foreign nationals within the United States. Since
linkLINE exercises no control whatsoever over the content of information
passing through linkLINE, the entire burden of complying with such laws and
regulations rests with its customers. You agree to comply with such laws and
regulations and to indemnify and hold linkLINE harmless from any damages it
may suffer resulting from any violation of the export control laws of the
access to other networks connected to linkLINE must comply with the rules
appropriate for that other network. Use of linkLINE itself may be for any
lawful purpose. Use of linkLINE for commercial purposes is permitted, with
the exception of sending unsolicited commercial bulk email (“SPAM”),
which is expressly prohibited.
Web Page space is offered at no additional monthly charge for Personal
Internet Access Account Subscribers. This “no monthly charge storage
space” is for Personal Use Accounts only and any such offers shall not
apply to Business Accounts of any type. The URL for this type of page shall
include the word “personal” in the path, and no exceptions shall be
made. Personal Web Page traffic is limited to 100 MB per month, total of all
protocols. Accounts exceeding this traffic level are considered to be
“other than personal use” and will be required to obtain a Web Hosting
account to continue Web Hosting service.
for Personal web pages are limited to email, and will be answered by the
Webmaster during business hours only. Free live technical support via
telephone is not available for free Personal Web Pages.
Use Accounts receiving storage space for a Personal Web Page are subject to
certain use restrictions for said personal page. A Personal page may be used
for personal Internet distribution of subscriber’s personal information
such as: bio, resume, privately owned items for sale, hyperlinks to favorite
Web locations, experimentation with HTML programming, and information to let
the world know who you are and what you think. Use of a Personal Page for
commercial purposes, other than for personal recommendations is discouraged.
Personal Pages may NOT be used for posting information for other individuals
or businesses, software FTP site, any illegal activity, and any other
activities prohibited by the linkLINE Terms and Conditions.
may provide IP (Internet Protocol) addresses for certain types of service.
These addresses are not transferable if you go to another Internet Service
Provider. linkLINE reserves the right to renumber its servers or clients at
any time without prior notice. This is essential to the efficient operation
of the Internet, and is in no way a business function of linkLINE that can
be avoided due to the nature of the Internet.
When clients are deactivated for the first time due to a virus infection, they
will be required to perform all necessary repairs to their system, such as
downloading patches and updates. Upon completion of said repairs, clients will
then be reactivated. No fees will be applied to client accounts at this time.
When clients are deactivated for the second time, they will again be required
to perform all necessary repairs, as well as pay a $20.00 reactivation fee per
infected IP address. After completing the necessary repairs and paying the
fee, clients will then be reactivated. For all subsequent virus-related
deactivations, clients will be charged a $60.00 reactivation fee, plus
possible additional fees for time and materials. Clients will be notified by
phone, upon deactivation of an IP address.
LIMITED CONNECTION GUARANTEE (Dial-Up)
provides a limited connection guarantee to new customers. Due to millions of
combinations of software and hardware that exist, a small percentage of
computer systems are unable to run TCP/IP networking software, or have
incompatible hardware, and can not connect to the internet. Customers must
contact customer support during linkLINE business hours within five days of
signing up, or receiving linkLINE software, whichever occurs later. If after
following all instructions, customer cannot connect to the Internet, the
account will be cancelled and a full refund including setup fee will be
made. Customer must cooperate fully with linkLINE Customer Support including
following all instructions. linkLINE reserves the right to inspect or
observe the problem prior to granting a refund. Guarantee is void if
customer uses software other than that provided or approved by linkLINE.
Connection shall be considered valid if customer can connect to the linkLINE
mail server and send and receive messages, and connect and “surf” on the
World Wide Web.
PAYMENT TERMS AND CONDITIONS
agrees to pay all charges incurred through access of customer account. The
right to use the service is not transferable. Payment for all services is to
be prepaid in advance. Payment is due upon receipt of invoice.
Accounts are in default if payment is not received within 15 days after date
of invoice. If your payment is returned to us unpaid you are immediately in
default and subject to a returned check charge of $25 from linkLINE in
addition to any fees charged by your bank. Accounts in default may have their
service interrupted. Such interruption does not relieve you from the
obligation to pay the monthly charge.
order to reduce administrative costs passed onto customers, linkLINE does
not mail paper invoices to individual and personal customers.
Customers shall receive invoices via Internet email. Customer agrees to pay
for service when they sign up for access either by phone, in person, or the
World Wide Web, and furthermore agrees to pay the amount with or without an
invoice. Customer is responsible for accessing their linkLINE email account
to obtain their invoice in a timely fashion. linkLINE shall not be
responsible for delivery to non-linkLINE email accounts Customer shall
retain cancelled check or credit card statement as their receipt. In the
event of a cash payment, a cash receipt will be issued.
is invoiced up to 30 days prior to the anniversary date (usually the same day of the
month that you signed up). linkLINE reserves the rights to “normalize”
your account’s anniversary date to the first of each month by charging a
one time pro-rated monthly amount plus one full month. linkLINE billing
department will notify you at least 21 days via email prior to this taking
acknowledges that there is a 30-day minimum subscription period, which means
no full or partial refund of the initial month’s service fee and
activation (setup) fee will be given if service is canceled within the
initial 30-day subscription period. Additionally, all cancellations become
effective at the end of the current billing period for monthly subscribers
or the end of the current billing month for quarterly subscribers. There are
no refunds issued for a partial period of service.
who sign up and commit for a minimum of six months or more and receive a
waiver of setup fee agree to pay a setup fee if cancellation is made prior
to the commitment term. Any refunded amount will be limited to the original
amount paid, less the prorated amount of used full months service and the
standard setup fee. Customer shall be responsible to determine if it is more
cost effective to cancel service or simply complete the minimum term.
may be canceled in writing with 30 days notice with no penalty. Customer
agrees to pay remaining balance if not cancelled within 10 days from the
date of the last bill. While linkLINE will accept cancellation via fax,
email, or writing, linkLINE assumes no responsibility for lost cancellation
notices not mailed in writing. Cancellation will be accepted only from the
person named on the account.
agrees that upon cancellation, customer will cease using the linkLINE
network. Use of the linkLINE network after effective date of cancellation
shall automatically void customer’s cancellation notice, and payment shall
Customers are responsible for contacting linkLINE’s technical support
department when DSL service is not working. DSL Customers must work with linkLINE’s technical
support department providing necessary information and assistance for
effective DSL troubleshooting. No
credit for downtime will be issued if the customer does not contact
linkLINE’s technical support department to report the technical
A late fee of 10% per month of the outstanding balance or
$5.00, whichever is greater will
be applied to accounts that are past due (not to exceed maximum rate permitted
by law). Accounts paid by credit card will be
placed on hold immediately if the card declines for any reason. All past due
accounts will be sent to collections if payment in full is not made within 30
days from due date. At the 30 day point a letter will be sent to the customer
prior to being sent to collections. If customer does not call or respond
within 10 days of the date on the collection letter then customer will be
obligated to pay not only past due amount but also collection, legal, and
court fees as applicable.
When a client’s DSL account is deactivated due to
non-payment, billing will not stop on that account, and monthly charges will
continue to accrue as normal until a formal, written request for cancellation
has been received from the client. Upon deactivation for non-payment, DSL
Customers will be notified in writing that unless payment has been remitted in
full within fifteen (15) calendar days from the date of deactivation, their
individual DSL accounts will be permanently canceled.
If a DSL account has been permanently canceled, new service
may not be established until any and all remaining charges have been paid on
the canceled account. In addition, any and all remaining contractual
obligations must be met on the canceled account before new DSL service may be
All paper checks received by linkLINE may be converted to
an electronic check and submitted to the banks through the ACH (Automated
Clearing House) network. The receipt of such checks is deemed as proper
authorization for the electronic conversion.
offers its customers one $15 credit for each paid subscription for referring
friends or family, with the following limitations and exclusions. Referred
customer must pay initial setup fee and one-month service, or six months or
more with no setup fee, at full price, before credit will be applied to
referring customer accounts. Upon receipt of payment, credit will be applied
to referring customer’s account thirty days after customer’s next
anniversary date. Credit is for future month’s service, and has no cash
value. Referrals may not be used to reduce existing balance or cure past due
accounts, and can not be used to restore service turned off for non-payment.
Referral credit is non-transferable. Only one credit for each paying
customer shall be issued. Pyramiding, “spiking” or other practices are
prohibited. In the event a referral is disputed among one or more customers,
linkLINE shall make sole determination of the disposition of the referral,
and reserves the right to withdraw referral credit for any account without
notice. Customer is responsible to notify linkLINE billing of referral for
proper credit, and while customers are asked if an existing customer
referred them, customer acknowledges linkLINE is not responsible for
omissions or wrong information provided at time of new signup. Request or
notification for referral must be made within 45 days of signup.
linkLINE PROVIDED SOFTWARE
may provide certain end-user software to facilitate your use of linkLINE.
Such software and any related documentation (“Licensed Program”) are
owned and copyrighted by linkLINE and/or third party such as Microsoft and
Netscape. You may not use, copy, modify, reverse engineer, sell, lease,
sublease, or otherwise transfer the Licensed Program, or any copy or
modification, in whole or in part, except as expressly provided hereunder.
Under the terms of this license, you are given a personal, non-exclusive
license to use the Licensed Program only in connection with your authorized
use of linkLINE pursuant to a valid agreement for services from linkLINE
(“Service Agreement”), which has not been terminated. You may transfer
copies of the Licensed Program to any potential user of linkLINE, provided
that such user agrees to be bound by the provisions hereof and only utilizes
the Licensed Program while such user has in effect a valid Service Agreement
with linkLINE. linkLINE shall provide you with free updates of the Licensed
Program, if any, as are generally provided by linkLINE to linkLINE customers
for so long as your Service Agreement remains in effect. Such updates shall
be provided via modem. You agree to allow linkLINE to provide such updates
to the Licensed Program via modem and at all times to use the most current
version of the licensed program as supplied to you by linkLINE.
THE LICENSED PROGRAM IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. linkLINE SHALL NOT BE
LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER
THIS AGREEMENT OR OTHERWISE, EVEN IF linkLINE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
license will automatically terminate if you fail to comply with any term or
condition of this agreement, or in the event of termination of your service
agreement with linkLINE. You agree upon such termination to return the
licensed program or destroy it, along with any backup or other copies in
Terms and Conditions supersede all previous representations, understandings,
or agreements and shall prevail notwithstanding any variance with Terms and
Conditions of any order submitted. Connection to and/or use of linkLINE
constitutes acceptance of these Terms and Conditions. linkLINE may modify
these Terms and Conditions upon 30 days prior written notice to you.
Continued use of linkLINE following such modifications constitutes
acceptance of these Terms and Conditions, as modified.
individuals accessing linkLINE represent to linkLINE that they are 18 years
of age or older. If under 18 years of age, such individual is not permitted
to access linkLINE unless the express written agreement of such
individual’s parent or legal guardian has been furnished to linkLINE.
Certain material available through linkLINE may not be suitable for
individuals under the age of 18.
End of Terms of Service