Individuals and/or businesses signing up for
LiteWire Internet Services, must read and agree to the following use policy
to activate services.
BY USING THE INTERNET ACCESS OFFERED BY LITEWIRE INTERNET SERVICES OR
INSTALLING THIS PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE
INTERNET ACCESS OFFERED BY LITEWIRE INTERNET SERVICES OR RETURN THE PRODUCT
TO THE PLACE OF PURCHASE FOR A FULL REFUND.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE WITH (1) INTERNET ACCESS
SERVICE INITIALLY OFFERED BY LITEWIRE INTERNET SERVICES IN CONJUNCTION WITH
THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (2) IN ACCORDANCE
WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE
SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS.
GRANT. LiteWire Internet Services ("LITEWIRE") hereby grants you a
non-exclusive, nontransferable, limited license to access the Internet
through LiteWire's network and to use its required connection components
("Software") and accompanying documentation on the following terms:
You may not: (I) use the Software or Documentation in conjunction with any
Internet access or other network service, other than LiteWire's Internet
Services; (ii) permit other individuals to use the Software except under the
terms above; (iii) modify, translate, reverse engineer decompile,
disassemble (except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software or
Documentation; (iv) copy the Software or Documentation; (v) rent, lease,
transfer or otherwise transfer rights to the Software or Documentation; or
(vi) remove any proprietary notices or labels on the Software or
Documentation.
TITLE. Title, ownership rights, and intellectual property rights in and to
the Software and Documentation shall remain in LiteWire and/or its
suppliers. The software is protected by the copyright laws of the United
States and international copyright treaties. Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software through LiteWire's Internet Services is the property of the
applicable content owner and may be protected by applicable copyright or
other law. This License gives you no rights to such content.
You retain any rights you may have in data posted by you to the Internet.
NO ASSIGNMENT. The benefits or rights conferred by this agreement are
nontransferable and nonassignable. The connectivity provided is expressly
limited to you. Resale or use of this connection by other person or persons
is prohibited.
BILLING FOR RESIDENTIAL ACCOUNTS. For accounts activated with the
Residential Internet Service Application, the following applies: First and
second months payment is required to open account either by cash, check, or
valid credit card. If LiteWire is unable to charge your credit card for the
amount due given that the card is either declined or invalid, then a $15.00
service fee will be assessed against the account at that time. When prepaid
fees are exhausted, you may opt to prepay for additional months again.
Payments are due on the 1st of each month. Accounts will be reactivated once
payment is made in full. All accounts with a 45 (forty-five) day balance
will be closed and sent to collections.
You agree to pay LiteWire all charges relating to use of your account(s)
according to rates and prices published online at the time of use. You are
responsible for charges at the time the service is used. You are solely
responsible for informing LiteWire of new expiration dates on your listed
credit card, and informing LiteWire when your listed credit card has no
remaining credit, and supplying LiteWire a new credit card number. You are
solely responsible for notifying LiteWire if you would like to cancel your
account in the form of email notification. Charges will continue to accrue
until agreement is terminated as described in these terms. You are
responsible for full service through the end of the cancellation month.
CHARGES. Charges for LiteWire's Internet Service shall be as stated on the
LiteWire Website, Service Application, or as otherwise agreed in writing by
the parties, and shall be payable by you commencing no later than one
business day after receipt of applications by LiteWire.
ADDITIONAL CHARGES. LiteWire will charge $25 for all returned checks. A
service charge of $10.00 or 5% of the total outstanding balance due,
whichever is greater, will be assessed on late payments. You are liable for
any and all attorney fees, court costs, and collection agency fees or
commissions if LiteWire has to resort to these methods in order to collect
debts owed to LiteWire. You agree to pay LiteWire its reasonable expenses,
including attorney fees, incurred in enforcing its rights under the
Agreement.
You agree to pay a fine of $500 for flagrant disregard of allowable use
policies including sending unsolicited commercial email, spam, or via
discussion groups whose charter does not explicitly allow advertisements. It
is at LiteWire's sole discretion what constitutes such flagrant disregard of
allowable use. Any changes in accounts may be subject to a change fee.
RELATED CHARGES. You are responsible for any local or long distance phone
charges accrued in connecting to LiteWire. You are responsible for
equipment, including computer hardware and software, used in connecting to
LiteWire.
LIMITED WARRANTY. LiteWire warrants that for the term of this contract from
the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation.
LiteWire does not warrant, however, that your use of the Software will be
uninterrupted or that the operation of the Software will be error-free or
secure and hereby disclaims any and all liability on account thereof. In
addition, the security mechanism implemented by the Software has inherent
limitations, and you must determine that the Software sufficiently meets
your requirements. LiteWire also warrants that the media containing the
Software, if provided by LiteWire, is free from defects in material and
workmanship and will so remain so for the term of this contract. LiteWire's
sole liability for any breach of this warranty shall be, in LiteWire's sole
discretion: (I) to replace your defective media; or (II) to advise you how
to achieve substantially the same functionality with the Software as
described in the Documentation through a procedure different from that set
forth in the Documentation. Repaired, corrected, or replaced Software and
Documentation shall be covered by this limited warranty for the period
remaining under the warranty that covered the original Software, or if
longer, for thirty (30) days after the date (a) of shipment to you of the
repaired or replaced Software, or (b) LiteWire advised you how to operate
the Software so as to achieve the functionality described in the
Documentation. Only if you inform LiteWire of your problem with the Software
during the applicable warranty period and provide evidence of the date you
acquired the Software will LiteWire be obligated to honor this warranty.
LiteWire will use reasonable commercial efforts to repair, replace, advise
or refund pursuant to the foregoing warranty with 30 days of being so
notified.
This is a limited warranty and it is the only warranty or condition made by
LiteWire. LiteWire makes no other express warranty or condition and there is
no warranty or condition of non-infringement of third parties' rights. The
duration of implied warranties or conditions, including without limitation,
warranties or conditions of merchantability and of fitness for a particular
purpose, is limited to the above warranty period; some states do not allow
limitations on how long an implied warranty lasts, so limitations my not
apply to you. No dealer, agent, or employee of LiteWire is authorized to
make any modifications, extensions, or additions to this warranty. No
warranty is made by or on behalf of any supplier of LiteWire. If any
modifications are made to the Software by you during the warranty period; if
the media is subjected to accident, abuse or improper use; or if you violate
the terms of the Agreement, then this warranty shall be immediately
terminated. This warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified version of
hardware and Software with which the Software was designed to be used as
described in the Documentation.
This warranty gives you specific legal rights, and you may have other legal
rights which vary from state to state or by jurisdiction.
LIMITATION OF LIABILITY. LiteWire exercises no control whatsoever over the
content of the information accessed through LiteWire's Internet Services.
LiteWire's Internet Services are provided on an "as-is, as-available" basis,
without warranty of any kind, expressed or implied, including, but not
limited to, the warranties of performance, merchantability and fitness for a
particular purpose. LiteWire and/or contributors shall have no liability
whatsoever to you for any claim(s) relating in any way to (I) your inability
or failure to perform research or related work or to work properly or
completely, or (ii) any lost profits or consequential, exemplary,
incidental, indirect or special damages relating whole or in part to your
rights hereunder or use of, or inability to use, LiteWire Internet Services.
LiteWire will not be responsible for any damage suffered by you, including,
but not limited to, loss of data resulting from delays, non-deliveries,
mis-deliveries, or service interruptions caused by its own negligence or
your errors or omissions. Use of any information obtained via LiteWire
Internet Services is at your sole risk. LiteWire specifically disclaims any
responsibility for the accuracy or quality of information obtained through
LiteWire's Internet Services.
Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall LiteWire or its suppliers or reseller be liable to you or
any other person for any indirect, special, incidental, or consequential
damages of any character including, without limitation, damages for loss of
goodwill, work-stoppage, computer failure or malfunction, or any and all
other commercial damages or losses, or for any damages in excess of
LiteWire's list price for a license to the Software and Documentation, even
if LiteWire shall have been informed of the possibility of such damages, or
for any claim by any other party. This limitation of liability shall not
apply to liability for death or personal injury to the extend applicable law
prohibits such limitation. Furthermore, some states do not allow the
exclusion or limitation of incidental or consequential damages, so this
limitation and exclusion may not apply to you.
ALLOWABLE USE. LiteWire's Internet Services may only be used for lawful
purposes. Transmission of any material in violation of any federal or state
statute or regulation 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 LiteWire from any claims resulting from your use of LiteWire
service.
Commercial advertising is an accepted and welcome use of the Internet.
However, there are appropriate and inappropriate places for Internet
advertising. Unsolicited commercial advertisements are not allowed in email,
and will result in account suspension or cancellation and fines as stated in
Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups and
on most email mailing lists. Inappropriate posting may result in account
suspension or cancellation. See the newsgroup or mailing list's charter for
whether advertising is allowed or not. "Spamming", of sending a message to
many different off-topic newsgroups, is particularly unacceptable and will
be treated as such. Sending a message, specially an advertisement, to more
than five or six recipients, is by itself Spamming unless the individuals
have specifically requested to be added to a mailing list on that topic.
Email is a person to person medium, not a broadcast medium.
You agree to abide by LiteWire's policies concerning use of LiteWire's
Internet Services. Unsolicited advertisements via email, or via discussion
groups whose charter does not explicitly allow advertisements, is
specifically not an allowable use. LiteWire reserves the right to suspend
access to service for your account(s) upon an indication of disallowed use
or credit problems including delinquent payments or rejection of credit card
charges. Residential and Business accounts are for individual use only.
Simultaneous logins on one account are not allowed. Any account with
simultaneous logins may be suspended and subject to a suspension fee as
outlined in the Agreement. If an account is suspended twice, it will be
closed permanently.
UNLIMITED ACCESS. Unlimited dial-up accounts have no hourly charges when the
account holder is wholly and exclusively engaged in personal, interactive
Internet access. Personal, interactive use is approximated by LiteWire at
320 hours per month. Accounts may not be used for automated unsupervised use
of the Internet or simultaneous connections by multiple people. Accounts may
not be kept connected with a keep-alive of any sort, such as setting an
email program to check mail periodically unattended. LiteWire may disconnect
dial-up connections after extended periods of inactivity or unauthorized
use.
RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of your
account(s) and confidentiality of password(s). LiteWire will suspend or
change access upon notification that your password has been stolen, lost or
otherwise possibly compromised. LiteWire is not responsible for your
personal files residing online on LiteWire owned and controlled computers.
You shall be responsible for independent backup of your data stored online.
You shall be responsible for all access to and use of LiteWire Internet
Services by your personnel or by means of your equipment, whether or not you
have knowledge of or authorize such access or use.
If subscriber is less than 18 years of age, the application must be signed
and these terms agreed to by a parent or legal guardian, who is responsible
for all charges related to the use of subscriber's account(s).
UNAUTHORIZED USE OF ACCOUNT. LiteWire will strongly react to any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "social engineering" (tricking other
people into releasing their passwords), password cracking, security hole
scanning, denial-of-service attacks (ping flooding, sending packets with an
illegal packet size, UDP flooding, half-open TCP connection flooding, etc.)
and the like.
Harassment or abusive use of email and other Internet services is a rare but
serious misuse of Internet resources, LiteWire will handle incidents of
harassment on a case-by-case basis, consulting with all parties involved.
Any unauthorized use of accounts or computers by a LiteWire customer,
whether or not the attacked account or computer belongs to LiteWire, will
result in action against the attacker, Possible actions include warnings,
account suspension or cancellation, and legal action, according to the
seriousness of the attack.
LIMITATIONS ON RESOURCE USAGE. LiteWire reserves the right to impose limits
on the total amount of disk space and other resources available for your use
on LiteWire operated computers. Accounts are subject to a limit of 5 MB of
disk space for their email accounts and 15 MB of disk space for personal Web
space. Web space only applies to Unlimited Access accounts. LiteWire
reserves the right to remove files that exceed these limits. LiteWire
reserves the right to delete without notice personal files that have not
been accessed for more than one month. LiteWire reserves the right to
restrict access to certain TCP/UDP ports as deemed necessary.
DATA PRIVACY. Electronic data passes through multiple servers on the
Internet as it passes from source to destination. One can never be
guaranteed privacy from every possible server; therefore, someone seeking
total privacy should use some encryption scheme to render their data
unreadable by eavesdroppers. With regards to LiteWire's servers, LiteWire
places a high value on privacy, and will only examine users' data when
absolutely required, for troubleshooting purposes or presented with a search
warrant for information.
ILLEGAL MATERIAL. LiteWire bears certain legal liabilities for the use of
its computer network and equipment. As such LiteWire must require that its
customers do not use LiteWire network for illegal purposes. When presented
with a search warrant, LiteWire is obligated to release any information
named therein, and will cooperate with the authorities in any criminal
investigation of inappropriate Internet usage.
However, LiteWire recognizes that the legal status of the Internet has not
yet been resolved satisfactorily, either through legislation or court
precedent. Therefore LiteWire must make certain decisions regarding the
illegality of various specific actions. Among the actions LiteWire considers
illegal and therefore not allowed on its network are: unauthorized
distribution of copyrighted material; exploitation of minors; and
unauthorized use of computer resources. LiteWire believes that the First
Amendment rights of free speech, freedom of the press, and freedom of
association apply to the Internet to the same degree as they do to print
media, and that any attempt to infringe upon those rights is void of
legitimacy.
WEB SERVICE. LiteWire includes Web service with residential service and
hosts commercial web pages for a fee. In all cases, the Web pages reside on
LiteWire's computer equipment, giving LiteWire some ethical responsibility
for the content of such pages, LiteWire will handle potentially
inappropriate Web pages on a case-by-case basis. Examples of inappropriate
information include downloadable virus code and obscenity.
Personal Web space may not be used for purposes that can be deemed as an
attempt to sell product or service. LiteWire separately offers commercial
Web hosting.
Domain name service is an additional service available to all LiteWire
customers. You are responsible for all charges incurred with domain name
registration.
TERM AND TERMINATION. This Agreement shall become effective on the date the
service application is entered into LiteWire's system (no later than the end
of one business day after receipt of application). LiteWire, at its sole
discretion, may terminate this Agreement immediately or suspend your access
to the service upon any breach of this Agreement by you.
You are responsible for notifying LiteWire of your wish to terminate your
account, if you so desire. Charges will continue to accrue until your
account is closed. After 60 days of nonpayment, LiteWire will close your
account; you will then be required to re-subscribe according to policies in
effect at that time in order to continue service. Wireless accounts will not
be considered closed until all leased equipment is returned. You are
responsible for all charges until your account is closed.
Licenses granted hereunder will terminate automatically if you fail to
comply with the limitations described herein.
EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or re-exported (I) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Yugoslavia, Iran, Syria or any country to which the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. By downloading or using the Software,
you are agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
In additions, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or on the installation process),
then the following applies: except for export to Canada for use in Canada by
Canadian citizens, the Software and any underlying technology may not be
exported outside the United States or to any foreign entity or "foreign
person" or under the control of a foreign person.
Payment and Due Date. You are responsible for payment of all charges on your
bill; charges for optional services (such as professional installation,
optional hardware, and early termination fees); surcharges; and taxes.
Surcharges, and taxes are subject to change without notice. Payments are
late if not received by LiteWire by the due date shown on the scheduled
invoice. We may charge a late fee for any amount not paid when due. We may
charge you a returned check fee for a check returned for any reason. You
agree to reimburse LiteWire for its costs, including reasonable attorneys'
fees, collection fees and similar expenses incurred by LiteWire with respect
to collection of payment.
Coverage. You understand that Service may be interrupted or unavailable due
to atmospheric or topographical conditions, governmental regulations or
orders, or system capacity limitations. Representations of coverage by
LiteWire or its agents are not guarantees.
NO BUSY SIGNAL POLICY. We at LiteWire make every effort to ensure that our
customers do not receive busy signals when dialing into the Internet. We do
not oversubscribe our service -- maintaining a low person to modem ratio. We
monitor our access numbers -- when a number nears its capacity, we will
increase the number of lines.
EFFECT OF AGREEMENT. This Agreement (which shall include the current and
future Schedules hereto) represents the complete agreement concerning this
license between the parties and supersedes all prior agreements and
representations between them. The acceptance of any purchase order placed by
you is expressly made conditional on your assent to the terms set forth
herein, and not those contained in your purchase order.
MODIFICATIONS OF TERMS AND CHARGES. LiteWire reserves the right to change
rates or otherwise modify provisions of this Agreement by notifying you at
least thirty (30) days before the effective date of the change, by written
or online notice. Your use of LiteWire's Internet Services after such notice
shall constitute your acceptance of the modifications to this Agreement.
FORCE MAJEURE. LiteWire's performance is subject to interruptions and delay
due to causes beyond its reasonable control such as acts of God, acts of any
government, war or other hostility, civil disorder, the elements, fire,
explosion, power failure, equipment failure, industrial or labor disputes,
inability to obtain necessary supplies and the like.
SEVERABILITY. If any provision of this Agreement is held to be unenforceable
for any reason, such provisions shall be reformed only to the extent
necessary to make it enforceable, and all other provisions are unaffected.
NOTICES. Except as otherwise provided herein, all notices hereunder shall be
given in writing as follows:
LiteWire Internet Services, Inc.
705 Brown School Road.
Evansville, WI 53536
GOVERNING LAW. This Agreement shall be governed by and construed under the
laws of the state of Wisconsin, except as governed by Federal law. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly included.
WAIVER. Failure of any party to enforce any provision of this Agreement
shall constitute or be construed as a waiver of such provision or of the
right to enforce such provision.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure of
Software and Documentation by the Government is subject to restrictions set
forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph (1) (ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.117-7013, or at 252.211-7015, and in similar clauses in the NASA FAR
Supplement.
Technical Support: (608) 882-4728
Phone support is available from 8:00 a.m. to 5:00 p.m. Monday through
Friday. After hours and weekend emergency support is available by calling
our technical support line.