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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Blacksburg.Net reserves the right to charge a service reconnection fee to reinstate suspended accounts.
  9. There is a $25.00 service charge for each returned check.
  10. 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.
  11. Blacksburg.Net's Address: P.O. Box 480, Blacksburg, Va. 24063: (540) 961-4445.
  12. 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
  13. 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.
  14. Blacksburg.Net may terminate any account, without cause or notification to the Subscriber, at any time.
  15. Blacksburg.Net may terminate sessions at any time, with or without notification to the subscriber, at Blacksburg.Net sole discretion.
  16. 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.
  17. 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.
  18. 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.
  19. "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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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 ________________

 
 
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