| The following Terms of Service (“TOS”)
between you (sometimes referred to as “Subscriber”)
and Alliance Link, LLC (“Alliance Link”) constitutes
a binding agreement and sets forth your rights and obligations pertaining
to your use of the internet services provided by Alliance Link (“Services”).
Please review these TOS and click “I AGREE” if you
agree to be bound by the terms and conditions set forth in this
document. If you do not agree, click “I DISAGREE” and
do not use the Services. Use of the Services is governed by these
TOS.
You cannot become a Subscriber without accepting these TOS. You
must be an adult of at least 18 years of age to become a Subscriber.
By accepting these TOS, you confirm that you are at least 18 years
of age.
The Internet is not the property of any one company or individual,
but is shared with millions of other users. Therefore, some basic
operating rules are necessary so as to enable all to best use this
Service, however, this document talks only about your rights and
responsibilities as an Alliance Link Subscriber.
The Internet is increasingly used for business. If you decide
to engage in business over the Internet, be aware that any agreements
you reach are with the other party, and not with Alliance Link,
and that Alliance Link disclaims all responsibility and liability
arising out of or relating to any such business transaction.
1. Privacy
We will not release any of your personal information to other
people, except as required by law, unless we receive a verifiable
consent from you.
2. Username and Data
I. You can choose any username for your account on Alliance Link
as long as it will not create a duplicate name in our user list
and it is not considered obscene or unlawful. Alliance Link at its
absolute discretion may refuse to register, or upon 24 hours notice
given by e-mail, may remove and rename a desired username without
giving any explanation. For technical reasons, usernames are restricted
to a maximum of 8 characters. The username will always appear in
your news group postings and when you forward electronic mail. Attempts
to block this are prohibited. The username is your login authorization.
All current usernames are listed in the system utility program.
Although you may want to use a made-up username for your Alliance
Link account, your full legal or entity (company) name must be provided
when you sign up with Alliance Link.
II. All information that you provide to Alliance Link must be
accurate, include your name, address, credit or charge card numbers
and expiration dates and any other Service payment data. You are
responsible for keeping all account and billing information up-to-date
and must promptly provide changes to Alliance Link. Furnishing false
data on the application or in any other manner to Alliance Link,
including fraudulent use of credit card numbers, is grounds for
immediate termination, and possible civil or criminal liability.
3. Account Suspension and Cancellation
I. Alliance Link users have the right to cancel their accounts.
Cancellations, unless made in the first full month of service, take
effect at the end of the month following the month in which you
cancel. If you wish to cancel your Alliance Link account, you must
send notice to Alliance Link, in writing, to 40 South Linden Avenue,
Alliance, Ohio 44601, via e-mail to, or by phone 877-688-1409.
II. Alliance Link reserves the right to suspend or cancel your
account due to non-payment.
4. File Transfer Restrictions
I. By law, you may not upload any commercial software or any other
kind of material unless you have the specific legal right to share
such software or material with other people. Likewise, you may not
download any software or material, unless you have the specific
legal right or license to download such software or material. You
may not upload or download anything that will violate local, state
or federal law. If, upon reasonable suspicion and after reasonable
investigation, Alliance Link finds a violation of this provision,
Alliance Link may notify appropriate state, federal or other authorities
and take any other action Alliance Link deems appropriate, including,
without limitation, termination of your account and providing to
the owners of the wrongfully uploaded or downloaded software or
material (or their representative) information regarding your activities
with respect to the same.
II. Your Alliance Link account entitles you to e-mail and personal,
non-commercial Web storage space up to 5 megabytes. If additional
storage space is utilized, Alliance Link will charge for additional
usage according to then-current Alliance Link pricing.
5. Change of Terms, Conditions and Services
Alliance Link reserves the right to alter the pricing, offerings,
terms and conditions of Service at any time. An up-to-date, online,
copy of this document is always displayed at www.alliancelink.com/termsofservice.
It is your responsibility to check for updates, and your continued
use of Alliance Link services constitutes your agreement to these
terms as modified from time to time.
6. System Use Policies
In order to provide good, consistent Service to all Subscribers,
Alliance Link requires that you observe the following guidelines
in the usage of your Alliance Link account:
I. Do not maintain a dial-in connection to your account when you
are not actively using the service, and be sure to log out of the
system when you are ready to end a session. Active use of the account
constitutes use, which requires your personal presence and activity
at the computer. Excessive non-interactive use, as determined by
Alliance Link, will be grounds for manual disconnection from the
system. Alliance Link disconnects after a set period of inactivity,
and any intentional attempts to defeat this, including but not restricted
to the use of keep alive programs, is expressly prohibited.
II. Running servers or server processes (such as Web servers,
FTP servers, IRC bots, etc.) is expressly prohibited on individual
accounts. Accounts that allow for servers are available from Alliance
Link at a different rate structure.
III. Materials that violate federal, state or local law, and materials
and content that threaten the security or utility of the Alliance
Link network are strictly forbidden.
IV. Alliance Link reserves the right to remove from public view,
personal web pages or public bulletin boards, any illegal or offensive
material or content without prior notice to the Subscriber.
V. The Services you purchase from Alliance Link and the rights
granted herein are not transferable and cannot be transferred, sold
or used by in any manner any third party. Any such action constitutes
non-personal use of your account. The Subscriber on any system account
can use only one login session at any time. If the Subscriber has
multiple accounts, the Subscriber is limited to one login session
per system account at any time. Any account that has been transferred
to any third party or shows activity in violation of this paragraph
is subject to immediate cancellation.
7. Information Policy
Alliance Link will not filter information that is received or
available from the Internet and will not restrict access to any
web sites, this does exclude email. We will not discontinue a particular
newsgroup due to someone’s believe that said newsgroup is
“offensive” or “wrong.” Some Website content
and/or newsgroup material may be offensive to some people. You are
free to subscribe to any mailing lists or newsgroups, but some information
may seem offensive to you. Please follow proper procedures for subscribing
to any such groups, if you do not like what you are receiving, please
change or unsubscribe from that list or newsgroup.
8. User responsibility
I. You are responsible for keeping confidential the password and
username issued to you, and you are solely responsible for any liability
or damages resulting from your failure to maintain that confidentiality.
You are also solely and fully responsible and liable for all activities
that occur under your password and username. You agree to immediately
notify Alliance Link if you suspect a breach of security, such as
loss, theft, or unauthorized disclosure of your username and password
or other information by calling 330-821-2222 or e-mailing business@alliancelink.com.
II. You agree to pay all fees associated with the Services. If
any checks are returned, Alliance Link will levy an additional fee
of $15 to cover costs and administration. Except for the first month
of Service and any specific equipment charges, all monthly fees
are billed in advance of Service. If any portion of payment is received
after the late payment date, a late charge may be charged to you,
which will be the lower of 15% or the highest amount allowed by
law. Your account will be billed on a calendar month and due by
the 20th of each month.
III. If a Subscriber’s account is terminated for any reason,
and reconnection is agreed, a $10 reconnect fee will be assessed.
Alliance Link may require additional pre-payment for the account.
The previous account balance must be paid before re-connection will
be made.
IV. Alliance Link considers the complaints and comments from other
Subscribers on the Alliance Link system, as well as those of system
administrators from other network service providers. Comments may
be e-mailed to abuse@alliancelink.com. We may take immediate action
against any Alliance Link Subscriber who abuses any of our facilities
or services. Abuse of our system(s) carries a further penalty of
the greater of $1,000 or $500, per staff-hour required to restore
our system(s) to its previous operational order. Among other things,
the following is a non-exhaustive list of conduct that is prohibited
while using your Alliance Link account:
· Posting commercial/marketing/advertising/sales materials
in non-commercial areas is prohibited (for example, in a newsgroup
dedicated to the discussion of the two-party system of government,
you should not post a message that you have a watch for sale)
.
· No “spamming” or sending unwanted/unsolicited
commercial e-mail. Simply posting a clause at the end of any bulk
e-mail requesting that the user respond in the event that they want
to be removed from a bulk e-mail DOES NOT make your bulk e-mail
solicited, nor does any claim that the list is "targeted"
to a select group of people. A thorough explanation of why spamming
is a problem can be found at http://spam.abuse.net.
· Posting "chain letters", including “make
money fast” or “get rich quick” messages is illegal
under federal and state law. Even if it says it is legal, you may
not post any chain letters through our Service.
· Gaining unauthorized access to any network, either by
use of an access account that is not yours, or by engaging in otherwise
illegal methods is prohibited.
· Acting in any way that may harm minors.
· Impersonating any person or entity or misrepresenting
your affiliation with any person or entity.
· Forging or manipulating in any way headers or other identifiers
in order to disguise the origin of any content transmitted through
the Service.
· Uploading or otherwise posting, emailing, or transmitting
any content that infringes on the intellectual property or proprietary
rights of any third party.
· Uploading or otherwise posting, emailing, or transmitting
any content that contains viruses or other devices intended to destroy
or limit the functionality of any hardware of software.
· Stalking or otherwise “harassing” any person.
· Collecting or storing personal information about other
users.
V. Subscribers that access the Internet through Alliance Link Services
must conform to the Acceptable Use Policies of Terms of Use of the
Network Service Providers whose networks they access.
VI. Alliance Link will review all complaints or instances of inappropriate
use brought to our attention and will decide what action to take,
which may include termination of your Alliance Link account.
VII. If you have any complaints about another Subscriber's use
of Alliance Link facilities, or if you are subjected to any inappropriate
use of Alliance Link facilities, contact our office immediately.
You may send e-mail to abuse@alliancelink.com.
9. General
I. The Services provided to you by Alliance Link may only be used
in accordance with any and all applicable laws, regulations and
rules, and solely for lawful purposes. Transmission, promulgation,
theft, procurement, communication, alteration, publication or storage
of any information, protected material or property, data or other
material in violation of any law of the United States, any sovereign
nation, any International law, or of any state or local law, regulation
or rule is strictly prohibited. This includes, but is not limited
to, any material, data, matter, software, source or object code,
trademark, other intellectual property rights, privacy rights, property
rights, or any trade secrets. Further, it is unlawful and a violation
of these TOS to communicate, transmit, or promulgate in any manner,
means or medium, any threatening, harassing or obscene material,
matter, or communicate in any manner, or to otherwise use Alliance
Link Services for any illegal or unlawful purposes.
II. You agree that you will indemnify and hold harmless Alliance
Link, its owners, officers, shareholders, agents, employees, and
its other Subscribers from any and all claims, costs, expenses,
judgments, causes of action, attorney fees, litigation and court
costs resulting from use of Alliance Link Services using your identification
in any manner, whether directly or indirectly, or by any act or
omission.
III. Alliance Link has the right to delete all e-mail, data files,
or other information that is stored in your account if either you
or Alliance Link terminates your Alliance Link account, for any
reason.
IV. Alliance Link has the right to suspend or cancel your account
at any time, for reasonable cause, without notice. "Cause"
includes, but is not limited to, nonpayment for services, violation
of this document, and use of your account to engage in violation
of any federal, state or local law.
V. NO WARRANTY IS MADE BY ALLIANCE LINK REGARDING ANY INFORMATION,
SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED
ON THE COMPUTER SYSTEMS OF ALLIANCE LINK OR ANY OTHER SERVICES PROVIDED
BY ALLIANCE LINK, AND ALLIANCE LINK HEREBY EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES
AS TO THE AVAILABILITY OF ALLIANCE LINK PRODUCTS OR SERVICES, THE
ACCURACY OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
VI. Alliance Link shall have no liability for damages caused or
allegedly caused by any failure of performance, error, omission,
interruption, electrical surge or damage or interference, deletion,
defect, delay in operation or transmission, communication line failure,
theft or destruction of or unauthorized access to, alteration of,
or use of records whether for breach of contract, tortuous behavior,
negligence. ALLIANCE LINK WILL NOT BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
REGARDLESS IF ADVISED OF THE POSSIBILITY THEREOF. ALLIANCE LINK’S
LIABILITY TO SUBSCRIBER SHALL BE LIMITED TO THE AMOUNT PAID BY YOU
OR ON YOUR BEHALF TO ALLIANCE LINK FOR THE CURRENT MONTH.
VII. No agent, employee or representative of Alliance Link has
any authority to bind Alliance Link to any affirmation, representation,
or warranty concerning the Services provided by Alliance Link. This
document represents the entire understanding between you and Alliance
Link with respect to the subject matter hereof and supersedes any
prior or contemporaneous promises or agreements, whether written
or oral.
VIII. You are responsible for all telephone charges, including
any long distance charges, incurred by connecting to our service.
IX. Alliance Link is concerned about the safety and privacy of
all of its users, particularly, minors and children. For this reason,
children under the age of 13 will not be permitted to access the
Services without parental or legal guardian consent. By giving your
child permission to access the Services through your account we
assume that you have given parental or guardian consent. Furthermore,
by giving your child access to the Services you are giving your
child access to all services accessible through the Service, including
without limitation e-mail, message boards, clubs, chat rooms, and
instant messages. Please remember that the Service is designed to
appeal to a broad audience. Accordingly, as parent or legal guardian,
it is your responsibility to censor and regulate the access to data
available to your children, and it is not the responsibility of
Alliance Link, its owners, or employees. You are also responsible
for the activities of your children on the Internet and may be held
liable for any illegal or damaging activity conducted by them on-line.
Copyright © 2000 Alliance Link, LLC. All rights reserved.
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