Blacksburg.Net's Terms of Service
WARNING: PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE OPENING OR CONTINUING A DIAL-UP ACCOUNT WITH Blacksburg.Net.
PLEASE ALSO FAMILIARIZE YOURSELF WITH BLACKSBURG.NET'S ACCEPTABLE
USE GUIDELINES. These Terms and Conditions, in conjunction with
Acceptable Use Guidelines, represent the complete Agreement and understanding
between Interpla, Inc. doing business as Blacksburg.Net ("Blacksburg.Net")
and you, the Blacksburg.net subscriber ("Subscriber"), and supersede any
other written or oral agreement pertaining to your Blacksburg.Net services,
other than applicable software license agreements. By using Blacksburg.Net
services or Blacksburg.Net software, or both, you agree to be bound by
and to comply with this Agreement, just as if you had signed it. Violation
of any provision of this Agreement is grounds for immediate termination
of your Blacksburg.Net account.
IF YOU DO NOT AGREE TO BE BOUND BY BOTH PARTS OF THIS
AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF BLACKSBURG.NET SERVICES
AND BLACKSBURG.NET SOFTWARE, AND NOTIFY THE BLACKSBURG.NET SO THAT BLACKSBURG.NET
MAY INITIATE A CLOSURE OF YOUR ACCOUNT.
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A list of ways to contact Blacksburg.Net and the Blacksburg.Net
is available on the World Wide Web at http://www.Blacksburg.net.
Specific questions about this Agreement should be directed to billing@blacksburg.net.
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Upon notice published on-line via Blacksburg.Net services,
Blacksburg.Net may modify the Terms and Conditions or the Acceptable Use
Guidelines, amplify them, and/or modify the prices of its services, as
well as discontinue or change the services offered. Your continued use
of Blacksburg.Net's services following such notification will be deemed
acceptance of the modification.
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Subscriber acknowledges that Internet sites and use of the
Internet might consist of, include and/or provide access to images, sound,
messages, text and other content and material that may be unsuitable for
children and that may be objectionable to many adults. Subscriber acknowledges
that Blacksburg.net is not responsible for any such content or material
and agrees that access to same through use of the Service is at Subscriber's
sole risk. Subscriber acknowledges that, when using the Internet, Subscriber
generally is using a physical network and accessing content, information
and other services not owned, supported, monitored or controlled by Blacksburg.Net.
Subscriber acknowledges that safeguards relative to copyright, ownership,
decency, obscenity, reliability and integrity of content may be entirely
lacking with respect to the Internet and content accessible through it.
Subscriber assumes all risk and liability of its use of the Internet, including
continuous compliance with this Service Agreement. You understand further
that the Internet contains unedited materials some of which are sexually
explicit or may be offensive to you. You access such materials at your
own risk. Blacksburg.net has no control over and accepts no responsibility
whatsoever for such materials.
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Subscriber is responsible for and must provide all telephone
and other equipment and services necessary to use the Service. Subscriber
represents that he/she is at least 18 years of age and has the right and
ability to enter into this Service Agreement. Subscriber is responsible
for installing, establishing and setting up the account(s) and parameters
under which the Service will be used; these account functions may be performed
only by a person at least 18 years of age, without exception.
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Unless otherwise agreed, Subscriber's right to use the Service
or to designate users is not transferable and is subject to any limits
established by Blacksburg.Net, or by Subscriber's credit card company or
other billing institution, as applicable.
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You agree to provide Blacksburg.net with accurate and complete
billing information, including your legal name, address, and telephone
number, and to update this information within 30 days of any change to
it. Payment for a Blacksburg.net account or service by fraudulent means
will result in immediate and permanent termination of the account, and
possible criminal penalties.
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Your Blacksburg.net account will be considered delinquent
if your credit card company refuses for any reason to pay the amount billed
to it. Accounts that are delinquent may be suspended, archived, or purged
from the system. Suspended accounts continue to accrue charges until reinstated
or canceled, even if the account is not used by the Subscriber. You acknowledge
responsibility for any account you have opened until payment in full is
made.
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Blacksburg.Net reserves the right to charge a service reconnection
fee to reinstate suspended accounts.
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There is a $25.00 service charge for each returned check.
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If you believe Blacksburg.Net has billed you incorrectly,
you must contact Blacksburg.Net no later than 90 days after the closing
date on the first billing statement in which the error or problem appeared,
in order to receive an adjustment or credit. Inquiries should be directed
to Blacksburg.Net and should include all available information about the
suspected error.
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Blacksburg.Net's Address: P.O. Box 480, Blacksburg, Va. 24063:
(540) 961-4445.
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When your credit card expires, Blacksburg.Net, in its discretion,
may either assume that your card has been renewed for one year, or require
that you furnish updated credit card information, including the new expiration
date and any other information needed to process your account payments.
If Blacksburg.net is unable to obtain payment from your credit card bank
because you have not renewed your card, because your credit card information
has become outdated, or because you have not provided new information to
Blacksburg.net when requested, Blacksburg.Net may consider your account
to be delinquent by more than one account cycle and suspend, archive or
purge your account
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To cancel your account, you must contact Blacksburg.Net via
e-mail, fax, or postal mail. Cancellation requests must include the
account's login name, and your name, address and phone number and other
identifying information as they appear in Blacksburg.Net's billing records.
If the information provided to Blacksburg.Net for an account does not match
the account's records, cancellation may be delayed or prevented.
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Blacksburg.Net may terminate any account, without cause or
notification to the Subscriber, at any time.
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Blacksburg.Net may terminate sessions at any time, with or
without notification to the subscriber, at Blacksburg.Net sole discretion.
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All cancellation requests must be received by 5:00 PM Eastern
time on the 20th of the current month in order to be processed before the
beginning of the next accounting cycle.
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All Blacksburg.net charges must be paid in full before a
cancellation will be considered complete. Service charges will extend to
the end of the month in which the account is canceled.
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If a Blacksburg.Net account is canceled, suspended or terminated,
Blacksburg.net may maintain the account for 30 days. You may contact Blacksburg.Net
within that time to inquire about reopening a suspended account, or forwarding
mail or files to another address. Blacksburg.Net reserves the right to
refuse to forward the mail and/or files of any account terminated for violation
of any provision of the Terms and Conditions or Blacksburg.Net's Acceptable
Use Guidelines. If you do not contact Blacksburg.net within 30 days, your
account and associated files will be deleted from Blacksburg.Net's servers,
and Blacksburg.net will not be able to reopen it or restore files. Blacksburg.Net
is not responsible for maintaining material that it deletes from its servers
as a result of a determination that the material violates any provision
of its Terms and Conditions, or Blacksburg.Net's Acceptable Use Guidelines.
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"As Is" Services. You acknowledge that Blacksburg.Net services
are provided "as is". Blacksburg.net, its employees, agents, suppliers,
vendors and distributors make no warranty of any kind, either expressed
or implied, regarding the quality, accuracy, or validity of the data and/or
information available on its systems, or residing on or passing through
its interconnecting networks, or that Blacksburg.Net services will be uninterrupted
or error free. Blacksburg.Net expressly excludes any implied warranty of
merchantability or fitness for a particular purpose to the fullest extent
possible by law.
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You also understand that Blacksburg.Net cannot and does not
guarantee or warrant that files available for downloading through the Service
will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Service for the reconstruction of any
lost data. You assume total responsibility and risk for your use of
the service and the Internet. Blacksburg.Net does not make any express
or implied warranties, representations or endorsements whatsoever (including
without limitation warranties of title or non-infringement, or the implied
warranties of merchantability or fitness for a particular purpose) with
regard to the service, any merchandise, information or service provided
through the service or on the Internet generally, and Blacksburg.Net shall
not be liable for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility to evaluate
the accuracy, completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the service or on the
Internet generally. Blacksburg.Net does not warrant that the service will
be uninterrupted or error-free or that defects in the service will be corrected.
The service and any software are provided on an "as is, as available" basis.
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Pursuant to the Electronic Communications Privacy Act of
1986, Title 18, United Stated Code, Section 2510 and following, notice
is hereby given that Blacksburg.net does not provide by its system for
sending and receiving private or confidential messages. The system operator
and anyone so designated by the system operator can and may read messages
transmitted to or from any account holder.
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Account holder agrees that Blacksburg.Net has the right to
monitor Blacksburg.Net's services electronically and to disclose any information
as necessary to satisfy any law, regulation, or other governmental request.
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You agree to waive and hold Blacksburg.Net harmless from
any claims relating to any action taken by Blacksburg.Net as part of its
investigation of a suspected violation of this Agreement or as result of
its conclusion that a violation of this Agreement has occurred. This means
that you cannot sue or recover any damages whatsoever from Blacksburg.Net
as a result of Blacksburg.Net's decision to remove material from its servers,
cancel a newsgroup posting, warn you, suspend or terminate your account,
or take any other action during the investigation of a suspected violation
or as a result of Blacksburg.Net's conclusion that a violation has occurred.
This waiver applies to all violations described in the Terms and Conditions
and in the Acceptable Use Guidelines.
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IN NO EVENT SHALL BLACKSBURG.NET BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT
OR THE SUBSCRIBER'S USE OF OR INABILITY TO USE BLACKSBURG.NET'S SERVICES.
BLACKSBURG.NET'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT
BLACKSBURG.NET'S OPTION. EITHER RETURN OF THE SERVICE FEES PAID FOR THE
CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION
SERVICES OR PRODUCTS. In any case, Blacksburg.Net's entire liability under
or arising out of this Agreement shall be limited to the amount you paid
for the service in the twelve (12) months prior to the act or injury that
gave rise to the liability. However, some jurisdictions may not allow a
limitation on liability for negligence that causes death or personal injury,
and Blacksburg.net limits its liability in such jurisdiction only to the
degree allowed by the applicable laws.
SIGNED ___________________________________________ PRINTED NAME ______________________________________________ DATE ________________