CONTINUED USE OF OUR SERVICE CONSTITUTES THAT YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE
TERMS OF SERVICE:
Welcome to US Logon Internet Services. By using US Logon Internet Services' products, software, services or web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.uslogon.com/terms.html
We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
US Logon Internet Services, its subsidiaries and affiliated companies, offer our services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of our services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify US Logon Internet Services of any unauthorized use of your password or account or any other breach of security. US Logon Internet Services cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
Warranty Disclaimer:
No warranty’s are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
Responsibility of Use:
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
If you have any doubts if a number is local for you and to ensure you have no restrictions on your phone service, please call your local phone company. Under no circumstance will US Logon Internet Services be responsible for charges incurred by the end user.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. US Logon Internet Services reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via US Logon Internet Services. You understand that by using US Logon Internet Services you may be exposed to Content that is offensive, indecent or objectionable, and that you use US Logon Internet Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using US Logon Internet Services and for any consequences thereof. You agree to use US Logon Internet Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts US Logon Internet Services or servers or networks connected to US Logon Internet Services.
Limitation of Liability:
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
Age Limit:
User represents to us 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. We have no control over and accept no responsibility whatsoever for such materials.
Restrictions of Use:
User understands that the following restrictions are applied to the service:
User May NOT:
• Send SPAM, or bulk email when dialed into the network.
• Post offensive, threatening, or SPAM, when using the newsgroups.
• Post or transmit viruses or any harmful component to others.
• Transmit anything that is protected by copyright without permission.
• Attempt to violate the security of any computer network.
• Engage in any illegal activity.
Any violation of our Terms of Service entitles us to discontinue our association with you and refuse to provide you service.
Please review the Google TOS also, as we have partnered with them for our email: http://www.google.com/a/help/intl/en/users/terms.html
Dialup Restrictions:
User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.
User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.
User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.
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.
If you need an "always on" dedicated connection, we do have dedicated service starting at $75.00 per month.
Before you use any dial-up number for any Internet Service (not just ours), we recommend that you contact your local telephone company to verify that the number in question would be a local call and in accordance with your contract with your phone company. It only takes a few moments, and it could save you a lot of money. It is the customer's sole responsibility to verify this information. US Logon Internet Services is not responsible for any charges you may incur.
Email Restrictions:
• User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
• User may not send from an email address that is not their own.
• User may not send an email that is over 10 MB in size.
• User may not forge message headers to hide the origin of their email.
• Provider may block certain attachment types used in transmitting viruses.
• Provider may run a virus scanner on all mail and drop mail containing viruses.
Please review the Google TOS also, as we have partnered with them for our email: http://www.google.com/a/help/intl/en/users/terms.html
Right to Cancel:
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will assess the account and refund the user on a pro-rated basis for prepaid service at our discretion. Otherwise, no refunds will be made. In the event that we deem you are due a refund, they will be pro-rated and processed within 120 days.
Since most end-users sign up for
dial-up service over the phone or on-line and pay via credit card, we bill
according to the account anniversary date. Therefore, you can assume that we
will debit your credit card once a month for service every 30 days from the
initial date that service was established (herein referred to as your
BILLING DATE). The normal service appears on your credit card as "Mango Bay
Communications, Inc." The initial charges may include a setup fee.
If you have not signed up with us as part of a
promotion, you can cancel your dial-up service by notifying us before your
billing date. (This does not in any way absolve you of any contractual
obligations that you specifically have entered with us) If you do not cancel
your dial-up service via email or phone 24 hours PRIOR to your BILLING DATE,
your credit card will be charged the normal monthly, quarterly or annual
fee. If you cancel service in the middle of the service period, you will
have access to your account for the remainder of the period. Refunds will
not be issued for any reason. At that point, you may elect to keep the
service active for the time period for which you have paid or cancel as of
that date.
If you have signed up at part of a promotion, see the
individual promotion's information page for specific billing details. Again,
this policy is in effect for dial-up accounts only. Other services have
other policies that will be enforced accordingly. If your credit card is
declined, we will attempt to contact you. You have the option of making the
payment in person at our location or providing an alternate credit card.
Please note that once your card has been declined, we will suspend service
and apply a $25 late fee. If your account is not current within thirty (30)
days, the account will be closed and we will begin collection attempts.
Mango Bay has and will take all account holders that are 60 days over due to
the Parma Municipal Court, Small Claims Division, in Parma, Ohio.
NON-USE OF OUR SERVICES DOES NOT CONSTITUTE
CANCELLATION AND THE ACCOUNT HOLDER IS RESPONSIBLE FOR ALL CHARGES UNTIL A
CANCELLATION CONFIRMATION HAS BEEN ISSUED.
We never like to lose a customer. However, to cancel
your account, send an email, call, write or visit our office. Our
representative will give you a confirming cancellation code via email or
fax. If you do send email, do not assume that we have received it! Please
call our office to confirm. Also, to better service our customers, please
let us know why you chose to cancel.
System Backups:
We do not and will not perform system backups on any User's E-mail account(s). We 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, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Privacy Policy:
US Logon Internet Services will not use or sell your email address or personal data to any 3rd party, with the exception that if US Logon Internet Services sells the majority of its assets or business, it may provide this data to the purchaser of the business so that they can continue providing service to the US Logon Internet Services end users. Information transmitted through us and through the Internet in general is not confidential. We cannot and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.
By using US Logon Internet Services, you acknowledge and agree that US Logon Internet Services may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of US Logon Internet Services, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of US Logon Internet Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You also understand and agree that US Logon Internet Services may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.
Billing Policy:
Payment for services shall be the date of signup on a pro-rated basis and each following month of service will be due by the 28th day of the current month. All services are pre-paid. Customers requesting special payment arrangements, to pay their bill after the normal 28th due date, for example, on the 1st or 3rd of the month (for the same month's service), must make a non-refundable deposit of $10.00.
Changes to your username are basically the same as opening a new account, so be sure you pick your username carefully to avoid being charged additional fees.
If payment is not received by the due date, your account will be placed in a "Payment Pending" status and you will not be able to get online. Late fees of $0.25 per day will be added if your payment is not received by the due date. Your services will not be restored until payment is received, including any late fees incurred and reactivation fees when deemed owed.
If payment is not received by your due date and you do not contact US Logon Internet Services to make payment arrangements or close your account, US Logon Internet Services will close your account after 10 days. Then, if you re-activate your account, you will be charged a re-activation charge of $5.00 plus any late fees that have accrued. Customers requesting special payment arrangements will also be responsible for paying the $10.00 non-refundable deposit, even if they have already paid it when opening account.
US Logon Internet Services accepts credit and debit cards (Visa, MasterCard or Discover), which includes prepaid debit cards. We also accept checks or money orders mailed to our office. If for any reason a paper check returned for any reason a $25.00 returned check fee will apply and your service will not be restored until payment is received in full. If we process your credit or debit card and it is declined for insufficient funds, a $1.00 per submission will be added to your amount due and services will not be restored until payment in full is received.
We will enforce late fees on payments not received by the due date as explained below. Invoices/Bills are emailed out on the 18th of the month and are due by the 28th of the month for the upcoming month's service. Payments MUST be received in our office no later than your DUE DATE (see your invoice for this information). If payment is not received by the due date, your account will be placed in a "Payment Pending" status and you will not be able to get online. Late fees of $0.25 per day will be added if your payment is not received by the due date. Your service will not be restored until payment in full, including any late fees or reactivation fees, is received. If payment is not received by your due date and you do not contact US Logon to make payment arrangements or close your account, US Logon will close your account after 10 days. Then, if you re-activate your account, you will be charged a re-activation charge of $5.00 plus any late fees that have accrued.
Our credit and debit card processor requires that we have a signed form authorizing us to process your payment on your card. You may print, sign and mail in an authorization form at our website or request one to be mailed to you.
Our prices are subject to change without warning.
Cancellation Policy:
Please contact Mango Bay Internet for their Cancellation Policy at:
Mango Bay Internet
1277 E Schaaf Rd., Suite 4
Cleveland, Ohio 44131
Phone:
1-216-335-9255
Toll Free:
1-888-356-2646
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will assess the account and refund or credit, in the event of a sale to another provider, the user on a pro-rated basis for prepaid service at our discretion. Otherwise, no refunds will be made. In the event that we deem you are due a refund, they will be pro-rated and processed within 120 days. If you cancel your service and have had usage during that calendar month, no refunds will be made for that month.
Failure to Comply with Terms/Conditions:
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us 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 us, and we 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:
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.
Our 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.
We 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 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.
We 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 our reasonable control. 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 us as the defendant, shall be proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.
Your continued use of our service constitutes that you agree to all terms.
If you have any questions, please contact Mango Bay Internet.
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