Legal Information
Terms of Service - Updated on May 1st, 2007
Note: All users are bound by these Terms of Service.
Great Lakes Internet Service ("GLIS") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
GLIS exercises no control whatsoever over the content of the information passing through GLIS's system. Use of any information obtained via GLIS is at User's risk. Neither GLIS nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does GLIS make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NO INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY GLIS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER GLIS NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS 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, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GLIS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT GLIS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, GLIS'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of GLIS in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Indemnification
Not withstanding anything to the contrary herein contained, User agrees to indemnify and hold GLIS, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by GLIS, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify GLIS in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and GLIS shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to GLIS that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. GLIS has no control over and accepts no responsibility whatsoever for such materials.
Port 25 Restrictions
User understands that port 25 is restricted for all outgoing mail servers. User must send mail through a GLIS mail server when connected to the network.
Access Numbers
Determination of which calls are local may or may not be based on standard residential service for your area. Access numbers may be listed by the towns serviced by that number or the town in which it originates. Website listings and dialer phone-book should only be used as a guide. You MUST contact your phone company to confirm charges on all calls to GLIS access numbers. GLIS is not responsible for phone charges, if any, attributed to the use of our service.
GLIS will provide an access number lookup tool for the user to find local numbers in their calling area. Access numbers will be displayed with State, City, Area Code, and Phone number.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any 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 law, including without limitation the U.S. export control laws and regulations;
post on web space provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
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 right holder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
allow users to run Mail list, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
GLIS has no obligation to monitor the Service. However, User agrees that GLIS has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. GLIS will not intentionally monitor or disclose any private E-mail message unless required by law. GLIS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. GLIS reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of GLIS following payment of a reconnection charge, to be determined by GLIS in its sole and absolute discretion.
Messaging
User agrees to limit their use of the GLIS service, specifically regarding the use of GLIS's electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the GLIS service.
Transmission of unsolicited email or promotional material.
Users of GLIS's services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a ten dollar penalty for each email address for which the unsolicited or promotional material was sent. All costs associated with the collection of this fee will be the responsibility of the violator. In addition, GLIS reserves the right to prosecute the user for breach of this contract and the violating user acknowledges they have purposefully and intentionally damaged GLIS's brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by GLIS associated with each violation.
Network Abuse
In order to provide the highest quality experience for all customers, GLIS will suspend any account which it determines is abusing its network. Accounts which demonstrate a usage pattern of accessing GLIS's network for more than 18 hours per day will have their service suspended by GLIS at its sole discretion without prior notice. Accounts suspended for violation of this section will be liable for the full access fee for the billing period in which the service was suspended and will be not be eligible for any refund.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. GLIS RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF GLIS SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR GLIS SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, GLIS RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF GLIS SERVICES FOR VIOLATION OF ANY OF THESE TERMS
Limitation of Digital Subscriber Line ("DSL") Services
Port Filtering
User understands that GLIS reserves the right to filter and/or drop packets destined for well-known TCP and UDP ports in an effort to prevent abuse of the GLIS network. A list of currently filtered/dropped ports can be obtained by emailing dslsupport@glis.cc with a subject of "DSL PORT REJECTION LIST". GLIS also reserves the right to use port filtering to restrict the user to GLIS's outgoing email servers in an attempt to prevent the possible sending of spam messages.
Quality of Service ("QoS")
User understands that GLIS reserves the right to utilize QoS algoritms to maximize network performance for all subscribers. User understands that QoS may hinder the performance of some internet applications such as, but not limited to: peer to peer applications, file sharing applications, online games.
No Server Applications
User understands that the use of "servers" running applications that serve content via, but not limited to: HTTP, FTP, SMTP, POP3, Game Servers, and VPN are strictly prohibited. User understands that GLIS reserves the right to periodically scan User's connection for the presence of such "servers". GLIS reserves the right to filter and/or block ports that GLIS finds to be in violation of this policy.
Data Rates
User understands that GLIS DSL is a unspecified bit-rate ("UBR") service up to the advertised speed and that actual speeds may vary due to multiple conditions including, but not limited to: loop length, line quality, network congestion, and QoS services. GLIS reserves the right to cancel the User's service in the event that User utilizes the service as if it were constant bit-rate ("CBR") service. Use of the service by the User in such a way that it is considered CBR is considered abuse. In the event that GLIS cancels User's services for this reason any and all termination fees are the responsibility of the User.
Contract Term
User understands that after any contract terms (typically one year) expire that service will be converted to month to month service automatically. GLIS reserves the right to automatically switch the User's access plan to match their current service offerings (as determined by plan pricing) when the service is converted to month to month service. User understands that this switch may increase or descrease the access speed, number of email accounts, or any other included benefits of the service plan. User understands that GLIS will not switch the User to an access plan with a higher cost than the User's access plan before the contract completion. User understands that they must notify GLIS if they wish to change their access plan after the contract completion date. User also understands that written confirmation of service termination is still required once the service contract has completed.
Pricing Changes
User understands that GLIS reserves the right to change month to month pricing structures for any reason, including, but not limited to: increased telecommunication charges and increased loop charges. GLIS will provide the User with a notification of planned price changes no less than 30 days before the new pricing takes effect. Upon notification of a planned price change User reserves the right to cancel their service at the end of their current billing period.
Termination Liability
The Termination Liability shall be the lesser of:
1) $150 per DSL connection; or
2) the aggregate of the remaining monthly rates until the expiration of the one (1) year minimum term commitment for each DSL connection.
Termination Liability applies under the following conditions:
the User terminates the DSL connection but User retains the associated local exchange service loop (local loop) prior to the expiration of the one (1) year minimum term commitment; or,
prior to the expiration of the one (1) year mimimum term commitment, the User moves to a Company area equipped to provide DSL and does not have DSL connected at the new address.
the User transfers their local exchange service loop to a telephone carrier other than AT&T.
the User fails to pay their account for 30 days.
Termination Liability will not apply if:
the user moves to a Company address not equipped to provide DSL;
the user moves to a company area equipped to provide DSL and the customer continues the existing DSL connection at the new address; or,
the user terminates a DSL connection and the disconnection request is within seven (7) calendar days after the customer signs the DSL contract.
In the event that the customer opts to switch to a lower rated speed package the user may be responsible for termination charges at the time of the switch and the contract period for the customer will restart. In the event that the customer opts to switch to a higher rated speed package no termination charges will apply; however, the contract period for the customer will restart.
In the event that the contract is terminated early, for any reason (other than those stated above), the User is responsible for loop disconnection charges, waived installation fees, the monteary difference between normal and promotional hardware pricing, and the monetary difference between normal and promotional plan pricing for the length of the contract duration. All of the above charges are in addition to the termination fees outlined above numbered 1) and 2). All equipment provided to the customer by GLIS under any promotional hardware programs must be returned to GLIS upon contract termination or the normal purchase price, at the time of inception, of the hardware will be charged to the customer.
Limitation of Dial-Up Services
Accelerated Access
User understands that the speed at which accelerated access services operate will vary from user to user, computer to computer. The maximum performance increase is rated at five (5) times faster than normal dialup access. User's actual performance increase may vary depending on system specifications, phone lines, content accessed, and other conditions that would normally hinder connection performance. User also understands that accelerated access does not accelerate downloads of music, video, and other binary files.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.
Maximum Single Session
User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the GLIS's system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
Inactivity
GLIS maintains the right to terminate any user's connection following an extended period of inactivity as determined by GLIS.
General Service Terms
Right to Cancel
GLIS reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. GLIS will not refund any shipping or handling fees.
No Confidentiality
Information transmitted through GLIS and through the Internet in general is not confidential. GLIS can not and shall not guarantee privacy or protection of any User. GLIS reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of GLIS.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.
Payments/Billing
All plans are prepaid plans. GLIS reserves the right to suspend and/or cancel services for lack of payment by the renewal date. GLIS offers the customer a ten (10) day suspension period where the customer may reactivate their account without incurring other charges. After the ten (10) day suspension period has lapsed the customer is responsible for a five-dollar ($5.00) reconnetion fee.
All accounts paid by credit card automatically renew at the same rate unless customer cancels the service on or before the expiration date of the account. GLIS may suspsend services upon reciept of a declined credit card and will make an attempt to contact the customer concerning the declined card.
Paper bills can be mailed via the United States Postal Service upon request. There is a two-dollar ($2.00) charge per postal mailing to all non-commercial customers. GLIS will email payment reminders to all customers who do not opt for the postal mailing method or automatic credit card renewal.
Check Payments: Accounts paid by check may, at the discrection of our staff, be held inactive until customer's check is processed and funds are received by GLIS. Accounts paid by check are non-refundable until fourteen (14) days after receipt. A check processing fee may be applied.
Policies/Procedures
Customer agrees to abide by policies and procedures published on GLIS's website. GLIS reserves the right to change these policies and procedures at anytime.
No System Backup
GLIS does not and will not perform system backups on any User's E-mail account(s). GLIS shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, GLIS will not provide historical data, to any party for any reason, regarding any system or Internet activity unless ordered by a court of law.
GLIS does not and will not perform system backups on any web sites. GLIS shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, GLIS will not provide historical data, to any party for any reason, regarding any system or Internet activity unless ordered by a court of law.
GLIS reserves the right to limit the amount of time that email messages may remain in the user's mailbox stored on GLIS' mail system. The time limit will be no less than 15 days and no more than 60 as determined by GLIS. GLIS also reserves the right to limit the total size of the user's mailbox on GLIS' mail system. The mailbox size will be no less than 10 megabytes and no more than 25 megabytes and as determined by GLIS. GLIS reserves the right to automatically clear, or otherwise erase, any and all "deleted items" folders stored on its mail server at any time. These operations have been deemed necessary to continue providing the best possible service for all customers.
Failure to Comply With Terms and Conditions
GLIS may deny User access to all or part of the Service without notice if User engages in any conduct or activities that GLIS in its sole discretion believes violates any of the terms and conditions in this Agreement. If GLIS denies User access to the Service because of such a violation, User shall not have the right (1) to access through GLIS any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through GLIS, and GLIS shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to GLIS's system for periods exceeding (5) five hours, in any single continuous session. User authorizes GLIS to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify GLIS if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to GLIS.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
GLIS's failure to insist upon or enforce strict performance of any provisions 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.
GLIS may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the of State of Ohio without regard to its conflicts of law provisions. Any cause of action User 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.
GLIS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of GLIS.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming GLIS as the defendant, shall be proper only in a venue determined by GLIS.
In any action between GLIS and User to enforce any of the terms of this Agreement, GLIS shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and GLIS with respect to the Service.
