DSL User Agreement

The Terms of Service in this Agreement (the "Agreement") are entered into by and between the subscriber ("you," "your," “user” or "Subscriber") and LocalNet Corp. ("Company," "us" or "we"). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order/subscription; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under which you agree to use the Service.

  1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY THE COMPANY PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY THE COMPANY PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE COMPANY PARTIES, INCLUDING ALL ATTORNEY'S FEES AND COSTS, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE COMPANY'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
  2. You agree to protect and indemnify the Company against any and all liability, loss or expense arising from any breach by you of any agreement related to the services, claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by the Company.
  3. You agree that your usernames and passwords and changes to these items are your responsibility. You are responsible for maintaining the confidentiality of any and all passwords used by you or members of your household to access LocalNet services. You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with LocalNet services.
  4. In the case where a dial-up service is provided with a high-speed service, the value of the dial-up service shall be deemed zero. The Company does not guarantee it has a local dial-up number for you, and the dial-up service is provided solely as a convenience for you. No credits will be issued should the dial-up service be unusable for any reason or for any period of time.
  5. The modems utilized by the Company to provide Dial-up Services are engineered for speeds up to 56k flex connectivity. However, the Company cannot guarantee a 56k connection if telephone company facilities or your modem are unable to support this connection speed.
  6. The Company shall not be responsible for any long distance charges incurred while using its Internet Service. Each Subscriber is responsible for choosing a dial-up number that is designated as a local call. If a local number is not available, or if the Subscriber chooses an incorrect number that is not designated as a local call, the Company shall in no event be liable for any long distance charges billed to the Subscriber.
  7. The Company does not guarantee you will receive any specific connection speed with your DSL service. All services are sold as being up to a maximum possible speed. You understand that actual DSL speeds vary between households due to a variety of factors, including but not limited to the quality of the phone lines at your residence, business, or within your neighborhood, and the distance between your location and the phone company’s Central Office (CO). DSL technology is distance-sensitive, and performance and available speeds decrease significantly as you move further from the CO. Other factors affecting speed may include using unsupported or misconfigured routers and home networks, using an older computer that lacks sufficient RAM or CPU, or using a computer with spyware programs installed on it.
  8. The Company reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you thirty (30) days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the Subscriber, will have ten (10) days from the date of notification of the effective increase to either mail or fax the Company a written request to terminate services. Otherwise, the existing service will be billed at the new rate.
    Effective July 1st 2014: Telephone Technical Support is $3.00 per month.
  9. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these policies without prior notice at any time. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to policy violations. The Company reserves the right to refuse service to anyone at anytime for any reason.
  10. You understand that the services provided by the Company may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notification of any such interruption of service. The Company shall not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
  11. You agree that this service is governed by the Laws of the State of New York. You agree that Erie County in the State of New York shall be the forum for any legal action relating to the services provided.
  12. Any Internet activity, which references back to the Company or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Company or an account or services provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees incurred.
  13. With respect to dial-up accounts that accompany your DSL service, the Company's usernames are limited to one dial-in at a time. Multiple concurrent Internet connections using the same username are not permitted. Abuse and violation of the rules may result in termination without refund.
  14. You are not permitted to use your dial-up account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. The Company reserves the right to disconnect users who are idle or have been connected for an exorbitant amount of time, as deemed solely by the Company. The Company has implemented an abuse prevention program and has the discretion to apply network management techniques, idle timers, maximum concurrent connect timers, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating the Company's policies. These parameters may be changed at any time at the Company's discretion. If you require an additional dedicated connection, you should notify the Company, which may be able to offer an additional dedicated connection.
  15. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to 25 or more recipients where such e-mail has not been specifically requested by the recipient. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the Company. If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:
    • 15(a). First offense: $100.00
    • 15(b). Second offense: $500.00
    • 15(c). Third offense: $500.00 and automatic termination of your account.
  16. The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. The Company reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the Company. A violation of this policy will result in the immediate termination of your account.
  17. Impersonating another user or otherwise falsifying one's username in e-mail or any post to any newsgroup or mailing list is strictly prohibited.
  18. You are not permitted to resell or redistribute the Internet connection to other parties.
  19. The Company bills for DSL services in advance. All accounts and services renew automatically based on your service's billing cycle (i.e. monthly, quarterly, yearly). Your credit card will be charged for each billing period on or near the anniversary date of the account unless LocalNet has received notice of cancellation according to the terms of this Agreement.
  20. It is important to keep your billing information up to date. If our attempt to charge the credit card on file is unsuccessful, a service charge of $5.00 will be applied to your account. Once your account becomes five (5) days past due, we will again attempt to charge your account for all fees due. If this attempt is also unsuccessful, your DSL account will be temporarily suspended.
  21. If your account becomes ten (10) days past due, or if you violate our Acceptable Use Policy, we will cancel your services. Once your account is cancelled, it cannot be reinstated without making full payment for any past-due amounts. Reinstating a cancelled service may take 3-7 business days, similar to ordering new DSL services from The Company.
  22. All billing disputes should be directed to the LocalNet Billing Department. If you dispute a valid credit card charge levied by the Company with your financial institution, your account with the Company may be cancelled and you will be charged a $25.00 service fee per disputed transaction. To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid. If your account is referred to collection, you agree to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
  23. The Subscriber is responsible for the accuracy of the information provided and to ensure that there are sufficient funds to cover the amount charged by the Company. Under no circumstances will the Company be held liable for fees incurred by the Subscriber’s financial institution. A $25 return payment fee will be assessed on all returned payments (checks, echecks, or ACH) if ever accepted as a form of payment.
  24. Service will be suspended, and ultimately cancelled, if proper payment is not made. If your service is suspended at any time due to non-payment, or is suspended due to violations of the Acceptable Use Policy, charges for services will continue to accrue until the service is cancelled, regardless of whether or not it was usable during this period.
  25. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, you shall be held liable for any and all costs incurred by the Company as a result of your violation of any terms and conditions of this Agreement. This includes, but is not limited to, attorneys' fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. These rates are subject to change at any time without notification.
  26. In the event you want to cancel the Service, you must notify the Company at least ten (10) days prior to such cancellation. Cancellations will be effective on your service's next anniversary date. If cancellation is not received at least ten (10) days prior to your anniversary date, your service will be billed and active until the following anniversary date. You may request your DSL service be disconnected prior to your anniversary date. The company will attempt to honor this request, however, you will still be billed until your anniversary date.

    Cancellation notices must either be mailed, emailed or faxed to the Company, or otherwise delivered in accordance with the Company's policies. To cancel your subscription, please send your request via U.S. mail to: LocalNet, 8205 Main St., Suite 10, Williamsville, NY 14221. You may also fax your request to 1-800-220-0749 or email us at cancel@localnet.com. Please note your email cancellation must be sent from the LocalNet account you wish to close. All cancellation requests must include your full name, address, username, and the reason you are cancelling.
  27. All refunds are made in full month increments only. Refunds on specially priced offers, including those requiring a minimum service duration, which are cancelled prior to their commitment date will be refunded on a pro-rated monthly basis at the regular service rate.
  28. All setup, activation, and modem fees are non-refundable. You are responsible for all modem shipping fees. A minimum payment of one month will be assessed on all new accounts, and if a DSL modem is requested, a $35 charge for the modem will be assessed at the time of your order.
  29. As used in this DSL User Agreement, the term the "Company" refers to LocalNet® and LocalNet Corp. , a New York corporation. This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between you and the Company, related to high-speed DSL services, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
  30. You agree to abide by all terms of LocalNet’s Acceptable Use Policy.
  31. COPYRIGHT INFRINGEMENT
    We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.