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Fairfield Internet LLC Definition of Terms
Fairfield Internet LLC Terms and Conditions Fairfield Internet LLC provides Internet access ("Service")
subject to your 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. Use of Fairfield Internet LLC and the Internet You understand that you may access both Fairfield
Internet LLC and the Internet in general through the Service. You understand
further that, except for information, products or services clearly identified
as being supplied by Fairfield Internet LLC, neither Fairfield Internet LLC
nor any of its affiliates operates or controls any information, products or
services on the Internet in any way and that, except for such Fairfield
Internet LLC- identified information, products or services, all merchandise,
information and services offered or made available or accessible through
Fairfield Internet LLC or on the Internet generally are offered or made
available or accessible by third parties who are not affiliated with
Fairfield Internet LLC or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF Fairfield Internet LLC AND THE INTERNET. NEITHER
Fairfield Internet LLC NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY
MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Fairfield Internet LLC
OR ON THE INTERNET GENERALLY, AND THEY 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 AND OTHER INFORMATION, AND THE
QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH Fairfield
Internet LLC OR ON THE INTERNET GENERALLY. 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. Fairfield Internet LLC HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. Refunds Fairfield Internet LLC OFFERS A 14 DAY 100% REFUND
POLICY ON DIAL -UP SERVICE. AFTER THIS PERIOD THE SERVICE IS A
MONTH-TO-MONTH, NO CONTRACT, LIMITED OBLIGATION AGREEMENT. THEREFORE,
UPON CANCELLATION OF SERVICE THERE WILL BE NO PARTIAL REFUNDS ISSUED .
THIS INCLUDES PRE-PAID SERVICES AND SPECIAL PACKAGE OPTIONS. IF YOUR
SERVICE IS CANCELLED BY Fairfield Internet LLC DUE TO ABUSE OF Fairfield
Internet LLC’s SERVICES, TERMS OR CONDITIONS, Fairfield Internet LLC RESERVES
THE RIGHT TO ISSUE NO REFUNDS REGARDLESS OF AMOUNT. No Service Warranties THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION GIVEN BY Fairfield Internet LLC, ITS AFFILIATES OR
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
NEITHER Fairfield Internet LLC NOR ITS AFFILIATES 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, WORMS, TROJAN
HORSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL Fairfield Internet LLC, 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 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, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. If you are dissatisfied with the Service or with any
terms, conditions, rules, policies, guidelines, or practices of Fairfield
Internet LLC in operating the Service, your sole and exclusive remedy is to
discontinue using the Service. Making Purchases On the Service If you wish to make purchases on the Service, you may be
asked by the merchant or information or service provider from whom you are
making the purchase to supply certain information, including credit card or
other payment mechanism information. You agree that all information you
provide any merchant or information or service provider on the Service for
purposes of making purchases will 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. You agree to pay all charges
incurred by users of your account and credit card or other payment mechanism
at the prices in effect when such charges are incurred. You also will be
responsible for paying any applicable taxes relating to purchases on the
Service. User Conduct On the Service While using the Service, you may not: restrict or inhibit any other user from using and
enjoying the Internet; post or transmit any unlawful, threatening, abusive,
harassing, libelous, defamatory, hateful, 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 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 rightholder; or upload, post, publish, reproduce, transmit 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
U.S. copyright laws. Fairfield Internet LLC has no obligation to monitor the
Service. However, you agree that Fairfield Internet LLC has the right to
monitor the Service electronically from time to time and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or its
subscribers. Fairfield Internet LLC will not intentionally monitor or
disclose any private electronic-mail message unless required by law.
Fairfield Internet LLC 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, or in violation of this Agreement. Uunet and Qwest Access Restrictions User agrees that for all UUnet
locations, that they will be limited to 150 hours of access per month. If a
customer exceeds the 150 hour limit, there account will be temporarily
disabled until the first of the next month. User agrees that for all Qwest
locations, that they will be limited to 200 hours of access per month. If a
customer exceeds the 200 hour limit, there account will be temporarily
disabled until the first of the next month. The timezone used for
determination of hours will be EST time. Minimum
Re-Connect Limit
User understands they cannot log back onto the Fairfield
Internet LLC 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. Failure to Comply With Terms and Conditions Fairfield Internet LLC may deny you access to all or
part of the Service without notice if you engage in any conduct or activities
that Fairfield Internet LLC in its sole discretion believes violates any of
the terms and conditions in this Agreement. If Fairfield Internet LLC denies
you access to the Service because of such a violation, you shall have no
right (1) to access through Fairfield Internet LLC any materials stored on
the Internet, (2) to obtain any credit(s) otherwise due to you, and such
credit(s) will be forfeited, (3) to access third party services, merchandise
or information on the Internet through Fairfield Internet LLC, and Fairfield
Internet LLC 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. You agree to defend, indemnify and hold Fairfield
Internet LLC and its affiliates harmless from any and all liabilities, costs
and expenses, including reasonable attorneys' 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. Miscellaneous 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. Fairfield Internet LLC’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. Fairfield Internet LLC may modify this Agreement from
time to time by placing a notice of such modification in the "Policy"
area, and your continued use of the Service following notice of such
modification shall be deemed to be your acceptance of any such modification.
It is your responsibility to check the "Policy" area regularly to
determine whether this Agreement has been modified. If you do not agree to
any modification of this Agreement, you must immediately stop using the
Service. This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio, 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. This Agreement constitutes the entire agreement between
you and Fairfield Internet LLC with respect to the Service. |