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Logan Telephone
Cooperative's Internet Disclaimer
Logan Telephone Cooperative provides Internet
Access, hereafter referenced as "the service",
subject to agreement and compliance with the terms
and conditions below, hereafter referenced as "the
agreement". Please read this agreement carefully
before using the service. If you do not agree to
these terms and conditions, and do not wish to be
bound by them, you may not access or use our
service.
I. REGISTRATION
A. In order to register for the service you must
be at least 18 years of age, and you hereby
represent and certify to Logan Telephone Cooperative
that you are at least 18 years of age. If you are a
parent or legal guardian, you may authorize a minor
under your control to use your account under
supervision. You promise to adequately supervise the
minor and are responsible for the minor's use of the
service. You further promise to indemnify and hold
harmless Logan Telephone Cooperative for the minor's
use of the service. You agree that you are fully
responsible for such minor's conduct while using the
service, and for any consequences brought about by
the minor's misuse of the service.
B. You further represent and certify to Logan
Telephone Cooperative that all information provided
by you to Logan Telephone Cooperative in connection
with your registration, whether on-line or
otherwise, is accurate, complete and current. You
further agree to timely notify Logan Telephone
Cooperative of any changes to such information.
C. You agree that you may not, and shall not,
transfer your account to another person without the
prior written approval of Logan Telephone
Cooperative.
D. You agree to pay Logan Telephone Cooperative's
current charges in effect for all Internet access
through your account, including but not limited to
monthly fees, connect time charges, minimum charges,
and other charges incurred by you or anyone using
your password or account (excluding notification
pursuant to section I.E.) at the rates in effect for
the billing period in which those charges are
incurred. You agree to pay all applicable taxes
related to use of the service. You agree that Logan
Telephone Cooperative has reserved the right to
change all rates or institute new rates in which you
will be given notice of at least 14 days before any
increase in rates goes into effect. You further
agree that you will be liable for all attorney's
fees and collection fees arising from efforts to
collect any unpaid balance on your account(s).
Billing will be on a monthly basis, beginning
00:00:00 of the 23rd and ending at 11:59:59p.m of
the 22nd. You agree that Logan Telephone
Cooperative, in its sole discretion, may change or
modify the billing period in which you will be given
notice before the new billing cycle begins and given
full credit for any adjustments which should be made
to your account.
E. You agree that you are responsible for
maintaining the confident- iality of all passwords
issued to you by Logan Telephone Cooperative to
access the Internet. You are responsible for all
charges resulting from the use of your password(s)
and account in connection with the service. If your
account or password is accessed or used by someone
without your permission, you agree that you remain
responsible for all such activities and charges
until you notify Logan Telephone Cooperative of
unauthorized use of your password and account by
calling (270)542-4121, (270)728-2004, or
(270)934-4500.
II. USE OF THE INTERNET
A. You understand that Logan Telephone
Cooperative does not operate nor control the
contents of the Internet in any way, and that all
merchandise, information, and services offered or
made available or accessible on the Internet are
generally offered or made available or accessible by
third parties who are not affiliated with Logan
Telephone Cooperative. You agree that you are
totally responsible and assume the risk for your use
of the service and the Internet. Logan Telephone
Cooperative and its affiliates make no 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 any merchandise,
information or service provided through any Logan
Telephone Cooperative service or on the Internet in
general. You agree that Logan Telephone Cooperative
shall not be liable for any cost or damage arising
either directly or indirectly from any such
transaction. You further agree that it is your sole
responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions,
advice, services and other information, and the
quality and merchantability of all merchandise,
provided to the service or the Internet in general.
B. You understand and further assume the risk
that the Internet contains unedited materials, some
of which may be offensive to you. You agree that
access to such materials is at your own risk. Logan
Telephone Cooperative has no control over and
accepts no responsibility whatsoever for such
materials.
C. You agree that it is your responsibility to
provide all telephone, computer, and other equipment
and services necessary to access the service.
D. Unless you receive the prior written approval
of Logan Telephone Cooperative, you agree that you
may not, and will not, reproduce, redistribute,
retransmit, publish, commercially exploit, or
otherwise transfer any information, software or
other content which you receive through the service.
III. NO SERVICE WARRANTIES
A. You understand that the service is provided on
an "AS-IS" and "AS-AVAILABLE" basis without
warranties of any kind, either expressed or implied,
including but not limited to warranties of title,
non-infringement, or implied warranties of
merchantability or fitness for a particular purpose.
No advice or information given by Logan Telephone
Cooperative, its affiliates or contractors or their
respective employees shall create a warranty.
Neither Logan Telephone Cooperative nor its
affiliates warrant that the service will be
uninterrupted or error-free or that any information,
software, or other material accessible on the
service is free of viruses or other harmful
components.
B. Under no circumstances shall Logan Telephone
Cooperative, its affiliates or its contractors be
liable for any direct, indirect, incidental,
special, punitive, or consequential damages that
result in any way from your use of or your inability
to use the service or to access the Internet or any
part thereof, or your reliance on or use of
information, services or merchandise provided on or
through the service. Likewise we shall not be liable
for any damages that are a result from mistakes,
omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any
failure of performance.
IV. PROPERTY RIGHTS AND COPYWRITED MATERIAL
A. You agree that all content accessed through
the service is the property of the applicable
content owner and may be protected by applicable
copyright law. This agreement gives you no rights to
such content.
B. You agree to not copy any software, purchased
from Logan Telephone Cooperative to access the
Internet, in whole or in part, or modify, reverse
compile, reverse assemble, or create derivative
works of any portion of this software, nor rent,
lease, distribute, market or transfer this software
to third parties.
C. You agree to abide by the copyright law and
all other applicable laws of the United States,
including, but not limited to, export control laws.
D. The service and documentation are provided
with restricted rights. Use, duplication or
disclosure by the Government is subject to
restrictions as set forth in subparagraph c (1) (ii)
of the Rights to Technical Data and Computer
Software clause of DFARS 252.227-7013 or
subparagraphs c (1) and (2) of the Commercial
Computer Software -Restricted rights at 48 CFR
252.227-7013, as applicable. The manufacturer of our
Emissary software is Bluegrass Network LLC, 115
Williams Street, Elizabethtown, KY 42701.
Subcontractor of the Emissary software to access the
service is The Wollongong Group, INC. , 1129 San
Antonio Road, Palo Alto, CA 94303-4374.
E. You agree that copyrighted material must not
be placed on the service without the permission of
the owner(s) or person(s) they specifically
authorize. Only the owner(s) or other such
authorized person(s) may upload copyrighted material
to the service.
F. In compliance with the Digital Millenium
Copyright Act of 1998, Logan Telephone has
designated an agent to receive notification of
claimed copyright infringement. If you have a claim
of infringement, please forward such claim to:
Chad Campbell
c/o Logan Telephone Cooperative
P.O. Box 97
10725 Bowling Green Road
Auburn KY 42206
webmaster@logantele.com
Phone: (270) 542-4121
Fax: (270) 542-4800
G. You may download copyrighted material for your
own use while adhering to the license agreement of
the owner. Any copying, redistribution, or
publication of copyrighted material, any changes to
or deletion of author, attribution, or copyright
notice are prohibited.
V. YOUR CONDUCT
A. While using the Internet through the service,
you represent, warrant and promise that you will
not:
1. Restrict or inhibit any other user from using
and/or enjoying the Internet.
2. Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene,
pornographic, profane, or otherwise objection- able
information of any kind, including but not limited
to transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local,
state, national or international ordinance,
regulation of law, including but not limited to the
United States export control laws and regulations.
3. Post or transmit any information or software
which contains a virus, cancelbot, trojan horse,
worm or other harmful component.
4. Post, publish, transmit, reproduce, distribute
or in any way exploit any information, software, or
other material obtained through the Service for
commercial purposes, except for that which is
expressly permitted by the provider of such
information, software or other material.
5. Upload, post, publish, transmit, reproduce or
distribute in any way, information, software or
other material obtained through the service which is
protected by copyright, or other proprietary right,
or derivative works with respect thereto, without
obtaining permission of the copyright owner or
rightholder.
6. Upload, post, publish, transmit, reproduce or
distribute in any way any component of the service
itself or derivative works with respect thereto, as
the service is copyrighted as a collective work
under United States copyright laws.
7. Provide any public information services over
this connection.
8. Use any automatic method to avoid inactivity
disconnect, and to keep the connection active only
when you are actively using it.
9. Try to establish more than one concurrent
session.
B. You agree and understand that Logan Telephone
Cooperative has no obligation to monitor the service
in any way. You further agree that Logan Telephone
Cooperative has a right to monitor the service
electronically from time to time and to disclose any
information as necessary to satisfy any law,
regulation, ordinance or other governmental request
to operate the service properly, or to protect
itself or its subscribers. Logan Telephone
Cooperative shall not intentionally monitor or
disclose any private electronic mail message unless
required by law. Logan Telephone Cooperative
reserves the right to refuse to post or to remove
any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable,
undesirable, a violation of this agreement, or
detrimental to the service as a whole. Furthermore
you agree that information transmitted through or
posted on the service by you is your sole
responsibility and Logan Telephone Cooperative is
only a distributor of such information and in no way
will Logan Telephone Cooperative accept editorial
responsibilities.
VI. BREACH OF THE AGREEMENT
Logan Telephone Cooperative may deny you access
to all or part of the service without notice if you
engage in any conduct or activities that Logan
Telephone Cooperative, in its sole discretion,
believes violates any of the terms and conditions in
the agreement. If Logan Telephone Cooperative denies
you access to the service because of such a
violation, you agree that you have no right (1) to
access through Logan Telephone Cooperative any
material stored on the Internet and (2) to access
third party services, merchandise, or information on
the Internet through Logan Telephone Cooperative.
You agree that Logan Telephone Cooperative shall
have no responsibility to notify any third party
providers of services, merchandise, or information
and that Logan Telephone Cooperative shall not be
responsible for any consequences resulting from lack
of notification.
VII. INDEMNIFICATION
You agree to defend, indemnify and hold Logan
Telephone Cooperative and its affiliates harmless
from any and all liabilities, costs and expenses,
including reasonable attorney's fees, related to any
violation of this agreement by you or authorized
users of your account, or in connection with the use
of the service or the Internet or the placement or
transmission of any message, information, software
or other materials on the Internet by you or
authorized users of your account.
VIII. MISCELLANEOUS
A. You agree that in the event that any portion
of this agreement is held to be unenforceable, the
unenforceable portion shall be construed in
accordance with the applicable law as nearly as
possible to reflect the original intention of the
parties and the remainder of the provisions shall
remain in full force and effect.
B. Logan Telephone Cooperative's failure to
insist upon or enforce strict performance of any
provision of this agreement shall not be construed
as a waiver of any provision or right. Neither the
course of conduct between parties nor trade practice
shall act to modify any provision of this agreement.
C. You agree that this agreement shall be
governed by and construed in accordance with the
laws of the Commonwealth of Kentucky, without regard
to its conflicts of law provisions. Any cause of
action you may have with respect to the service must
be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of
action is barred.
D. You agree that this agreement is personal to
you and you shall not assign your right herein.
E. You agree that upon notice published over the
service, Logan Telephone Cooperative may modify this
agreement, including but not limited to its prices
and charges for the service, and may discontinue or
revise any or all other aspects of the service at
its sole discretion and without prior notice.
F. You understand that the billing date is the
8th of each month. You agree that the terms for
payment are the 18th of each month in the currency
in which you are billed. If any payment due
hereunder is not made by you by the 18th of said
month you agree to pay a late charge of two dollars
($2). Furthermore if payment is not made by you by
the 28th of said month you understand that the
service will be discontinued. After such an event
the service may be reinstated at a charge of $14.95 |
