Terms
and Conditions
The
user/account holder (hereinafter referred to as "you") must
completely read these terms and conditions for
GO Concepts, Inc.
(hereinafter referred to as "GO"). These terms completely
and unconditionally govern the use of GO. GO reserves the
right to modify or change any and/or all parts of these
terms with no notice to you. Any modification is effective
immediately upon any or all of the following: posting on
the GO service, electronic mail, or conventional mail. If
you do not understand any part of this document you must
halt using the service and contact GO immediately. Do not
use the service until all of your questions/concerns have
been answered. If there is any part of these terms that
you find unacceptable YOU MUST AND ARE REQUIRED TO TERMINATE
YOUR MEMBERSHIP. Your initial and continued use shall be
conclusively deemed as an acceptance to all of these terms
as well as any modifications that you have been notified
of.
GO
Concepts, Inc.
("GO"), is a computer, interactive information, communication
and transaction service allowing access to the Internet,
bulletin boards, private networks and other communications
outlets. The GO service is only available to authorized
members with GO authorized accounts. It is accessible through
personal computers, or other access devices and a communications
connection of any kind.
- GO, exercises no control whatsoever
over the content of the information passing through it
and you are warned that some information you receive may
be offensive or, on occasion, obscene. If you are offended
by certain language or expression of certain ideas, then
by using this service you acknowledge that you have read
this warning and will not hold GO responsible for any
language, thoughts, graphics, or discussion which may
be part of information viewed by you on the Internet system.
As GO does not desire to degrade the exchange of legitimate
information contained on the Internet, any information
originated by you must comply with these terms and conditions
and not be patently offensive or obscene.
- GO grants to you a non-exclusive,
non-transferable right to access, use and display the
GO service on any machine(s) of which you are the primary
user. The GO service is provided on an "as is," "as available"
basis without warranties of any kind neither expressed
nor implied warranties of merchantability or fitness for
particular purpose. No oral advice or written information
given by GO, its employees, licensers or the like, shall
create a warranty; nor shall you rely on any such information
or advice.
- These Terms and
Conditions supersede all previous representations, understandings
or agreements and shall supersede any other terms and
conditions of any order submitted or prior price quoted.
- Under no circumstances, including
negligence, shall GO, or anyone else involved in creating,
producing or distributing the GO service be liable for
any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use
the GO service including but not limited to reliance on
any information obtained on the GO service; or that result
from mistakes, omissions, interruptions, deletion of files
or e-mail, errors, defects, viruses, delays in operation,
or transmission, or any failure or performance, whether
or not limited to acts of God, communications failure,
theft, destruction or unauthorized access to GO’s records,
programs or services. You hereby acknowledge that this
provision shall apply whether or not GO is given notice
of the possibility of such damages and that this provision
shall apply to all content, merchandise or services available
through the GO service.
- You understand that except for information
products or services clearly identified as being supplied
by GO, neither GO, nor any of its affiliates, operates
or controls any information, products or services accessible
through the GO service in any way and that, except for
such GO identified information, services or products,
all merchandise, information and services offered or made
available or accessible through the service are offered
or made available or accessible by third parties who are
not affiliated with GO or its affiliates. You expressly
agree that use of the GO service is at your sole risk
and you agree that any information, service or product
accessible through the service is without warranties of
any kind by GO and its affiliates, either express or implied,
including, but not limited to, warranties of title or
implied warranties of merchantability or fitness for a
particular purpose.
- You may order
and purchase merchandise or services from other you and
users of other communications outlets including the Internet.
You acknowledge that all transactions concerning third
party ("Seller") merchandise or services, including but
not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between
Seller and you. GO shall not be a party to a transaction
between you and Seller, or be liable for any cost or damage
arising either directly or indirectly from any action
or inaction of Seller or you.
- GO
reserves the right to change the rates by notifying
you 30 days in advance of the effective date of change.
If you do not request your service be terminated, service
will continue at the new rate.
- Viruses: It is
recognized that the Internet may contain viruses which
may, if not eliminated, destroy parts or all of the data
contained within your computer. GO has no control over
these viruses. Neither does GO provide any filtering or
checking of data to eliminate these viruses. You agree
to provide your own mechanism for checking your computer
system for viruses and to hold GO harmless from any damage
caused by viruses obtained through GO services. Further,
you agree not introduce any virus onto the Internet system
or GO’s system. If you do so, then service will be terminated
immediately. Further, you agree to hold GO harmless from,
and to indemnify GO for, any damages or claims for damages
resulting from any viruses introduced by you into the
Internet system or the GO computers.
- Standard PPP (Point
to Point Protocol) restrictions: Idle time – GO reserves
the right to terminate a connection after 10 minutes of
"idle" activity E-mail storage – Each user should make
every effort to retrieve mail from POP3 mail server as
often as possible. If you have important information on
file, don’t leave it on the GO system - download it to
your own disk.
- GO may only be used for lawful purposes.
Transmissions of any material in violation of any US,
state or local laws or regulations is prohibited. This
includes, but is not limited to: copyrighted material,
material legally judged to be threatening or obscene,
or material protected by trade secret. You agree to indemnify
and hold harmless GO from any claims resulting from your
use of the service, which damages you or another party.
- Any access to
other networks through GO must comply with the rules appropriate
for that other network.
- All postings
to USENET must comply with the etiquette guidelines posted
in news.announce.newusers, and also with the posted charter
of the newsgroup(s) to which you are posting. Non-compliance
with these rules will result in the termination of your
account without prior notification.
- All use of GO
must be within the restrictions associated with your account
and as set forth herein. GO reserves the right to terminate
service to accounts that exceed their restrictions.
- You are responsible
for the protection of your account and data. You are advised
that the Internet is not a secure system. Data can be,
and often is, viewed by third parties. Information or
a private or confidential nature should not be placed
on the system. GO specifically denies any responsibility
for the security of your account and the data stored in
GO’s facilities.
- Use of information
obtained via the GO communications service is at your
own risk. GO specifically denies any responsibility for
the accuracy or quality of information obtained through
its services.
- You
are responsible for all charges (e.g., telephone)
associated with connecting to the GO service through an
available access number. You are responsible for obtaining
or providing all telephone access lines, telephone and
computer equipment (including modem), or other access
device, necessary to access to the GO service.
- You certify to
GO that you are not a minor. A minor’s parent or legal
guardian may authorize a minor to use their account(s)
under supervision by the parent or guardian. A parent
or guardian may register the minor up for a separate e-mail,
but the parent or guardian assumes all responsibilities
for any effects the e-mail account has on said minor,
including but not limited to: psychological or mental
effects. For purposes of identification, billing and marketing,
you agree to provide GO with accurate, complete, and updated
information required by the registration to the GO service,
including but not limited to, your legal name, address,
telephone number(s), and applicable payment data (e.g.,
credit card number and expiration date). You agree to
notify GO within 15 days of any changes in registration
data. Failure to comply fully with this provision may
result in immediate suspension or termination of your
right to use the GO service.
- You understand
that information available to you through the GO service
may include materials that are unedited, sexually explicit
or offensive to you and that your access to such materials
is at your own risk. GO has no responsibility for or control
over such materials.
- This agreement
shall be governed by the laws of the State of Ohio. You
agree that any controversy or claim against GO or its
directors or officers, including any claim of misrepresentation,
arising out of relating to this Agreement or the GO service,
shall be filled in the courts of the county of Warren,
state of Ohio. Any such claim must be commenced within
one (1) year after the claim arises or the claim is time
barred.
- Upon request of
GO, you agree to defend, indemnify and hold harmless GO,
its officers, directors, employees, agents and licensees,
from any claims and expenses, including reasonable attorney’s
fees, arising out of or relating to your use of the GO
service.
- This agreement
constitutes the entire agreement between you and GO and
supersedes all prior agreements between you and GO. GO’s
failure to enforce any provision of this Agreement shall
not be construed as a waiver of any provision or right.
In the event that a portion of this Agreement is held
unenforceable, the unenforceable portion shall be construed
as closely in accordance with applicable laws as possible
to reflect the original intentions of the parties and
the remainder of the provisions shall remain in full force
and effect.
- You acknowledge
that the transmission of a single, unsolicited e-mail
message to a large number of recipients, or the posting
of a single message to a large number of USENETs or newsgroups,
whether the message is commercial in nature or otherwise,
imposes a tremendous burden on the service because of
its excessive use of disk space and bandwidth. A message
is unsolicited if it is posted in violation of a USENET
or newsgroup charter and/or if it is sent to a recipient
who has not requested the message and with whom you have
had no prior contact. You agree not to engage in such
transmissions. If GO learns that you have in a single
day, sent the same or similar unsolicited message to 50
or more recipients or 15 or more USENETs or Newsgroups,
GO will warn you against such transmissions in the future.
You acknowledge that subsequent to such warning, any transmission
by you of an unsolicited message to 50 or more recipients
or 15 or more USENETs or newsgroups on a single day will
result in the immediate termination of your account. In
such cases, you agree to pay GO damages of $75 to compensate
GO for the costs of enforcing this provision.
- Payment is due
in advance, on the first day of each month. Accounts are
in default if payment is not received within 10 days after
the due date. A default account may be suspended or terminated
without notice. On the 11th day if payment is not received,
we will use the deposit on file, if any, to pay for that
months access. If you have a Credit Card on file then
we will charge the Credit Card for that months access.
If we have already taken your deposit the month before
or your Credit Card was Declined, then your account will
be terminated.
- Only a written
request, via e-mail and/or US Mail will terminate your
service, and relieve you of your obligation to pay the
full monthly account charge. An act of default accelerates
payments to be due immediately, as credit is no longer
being extended.
- If you default
in the payment of any amounts owed hereunder, you agree
to pay GO its actual expenses, including attorney and
collection agency fees, plus interest and fees allowable
by law incurred in enforcing its rights under these terms
and conditions.
- This service may
be canceled by either party, in writing, at any time with
no penalty. If you elect to terminate your service in
this manner, charges will cease upon receipt by GO of
your written request. The account will be prorated to
this date and any credit will be applied to account only;
no cash refunds will be made. In cases of advanced payment
in which a discount was received no refunds or credits
will be given.
- You are authorized
only for a single log-on on the system. Multiple log-ons
and background processing are prohibited.
- The web space/personal
home page included with Residential accounts MAY NOT be
used for Commercial/Business/Organization purposes.
- You may for no
reason disclose your password to the system. Any unauthorized
use must be immediately disclosed to GO, so that proper
security can be re-established.
- You understand
and agree that unauthorized access of any computer network
is illegal and may be punishable by fines or imprisonment
or both under Ohio and federal laws.
- If you have a
returned check you will be assessed a $20.00 penalty.
We will attempt to bill your alternate payment method
immediately. If collection cannot be made, your account
will be suspended until payment is made and verified as
not in default.
- GO does not provide
dedicated service to our normal customers unless requested
and a nominal charge is in place. Unlimited access means
our users can call in as many times as they wish, but
may not stay online for more than four (4) continuous
hours. Normal users will be disconnected if they are on
for more than four (4) continuous hours. Unlimited access
does not mean dedicated service.
The following items address, in particular,
Cable Internet Access, but also pertain to any and all other
services we provide.
- GO Concepts, Inc.
strongly advises you not to enable ‘file sharing’, as
this may be a potential security risk to your computer.
GO Concepts, Inc. accepts no liability for ANY security
violations that involve your computer.
- The following
high bandwidth services are strictly prohibited without
written consent from GO Concepts, Inc. for an account
that permits them, these include but are not limited to:
hosting web sites, reselling of bandwidth, running of
FTP sites, running IRC servers, running Game servers,
or any other high bandwidth activity. GO Concepts, Inc.
reserves the right to cancel your account at any time
for any reason.
- Proxying of Cable
Internet Access is not supported or recommended by GO
Concepts, Inc.. Support for proxied networks must be obtained
via third party, internally by user, or by separate consulting
agreement with GO Concepts, Inc..
- If required,
I authorize GO Concepts, Inc. and/or Ferris Electronics
to install an Ethernet (NIC) Card in my computer. I understand
this involves opening my computer’s case and may involve
configuration changes to the computer.
- I have COMPLETELY
backed up my computer before GO Concepts, Inc. and/or
Ferris Electronics has come into contact with it. I understand
that GO Concepts, Inc. and/or Ferris Electronics are not
responsible for my data and agree to hold GO Concepts,
Inc. and/or Ferris Electronics harmless in the event of
ANY lost data due to any and all work/service they provide.
- I understand
that GO Concepts, Inc. and/or Ferris Electronics reserves
the right not to work on any computer. This is primarily
in cases where the computer has or may have a virus or
is experiencing ‘general protection faults’ and/or ‘illegal
operations’ of any type, as well as has any type of hardware
failure or misconfiguration.
- GO Concepts, Inc.
and/or Ferris Electronics will not knowingly install software
in violation of the software license/copyright laws.
- I understand
I am responsible for all interior wiring at my location.
- I authorize GO
Concepts, Inc. to provide the City of Lebanon with any
and all of my information with regards to Cable Internet
Access. I further understand that billing for Cable Internet
Access will be done by the City of Lebanon.
These terms and conditions are subject
to change without notice.
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