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Terms of Service

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.

© 2008 Dix Communications