This Individual Subscriber Agreement is between LocalLink, a Minnesota and/or South Dakota corporation hereinafter called LocalLink and you. These Terms and Conditions supersede any other written or oral agreement pertaining to your LocalLink services. By using LocalLink services or LocalLink software and services you agree to be bound by and to comply with this Agreement, just as if you had signed it. Members must be at least 18 years old. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. LocalLink is not responsible for any long -distance, toll or other telecommunication charges you incur.
LocalLink Agrees to provide you with electronic access to the Internet 365 day a year (subject to matters beyond LocalLink’s control, including but not limited to required LocalLink server downtime for upgrades and repairs) as a LocalLink Individual Subscriber, subject to any limitations set forth below in exchange for access to the Internet and E-mail:
1. You agree to pay for your Individual Level of Service on or before your monthly billing cycle date, during the life of this agreement. The actual amount you agree to pay per month is based upon the Level of Service you select on the Internet Service Agreement. Customers approved for paying by check will be invoiced 19 days in advance of their renewal date. Credit Card and ACH customers will receive an email link to access their billing statement.
2. You acknowledge and agree that your hours of service as a LocalLink subscriber are based on the Level of Service you select.
3. You understand and agree to pay an additional charge of $1.00 per hour for each hour or part thereof you are logged on LocalLink systems in excess of the time allotted to you by your chosen Individual Level of Service.
4. You agree to read and abide with the LocalLink Acceptable Use Policy (permanently located at: http://www.LL.net/AUP.HTML).
5. You agree to comply with all State and Federal Statutes regarding the Internet.
6. You acknowledge that LocalLink can terminate service to you without notice if you fail to pay your monthly subscriber fees.
7. You agree LocalLink will not be responsible to you for any indirect, consequential, special or punitive damages or loss you may incur in connection with your use of the LocalLink system, even if LocalLink had been previously advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify LocalLink and hold LocalLink harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney fees) relating to any acts or materials or information transmitted by you or arising through use of your password and account information leading to claims against LocalLink by you or any third party.
8. LocalLink subscriber accounts are not intended to be dedicated connections. You are free to connect to LocalLink as long as you are using the internet or BBS. You may not give out your UserID and Password to others to use. Your account may only be used by the person whose name is on the account and the immediate family. LocalLink reserves the right to discontinue service to those who abuse it.
9. You agree to be liable for any and all cost associated with the collection processes on your account balance which is delinquent for any reason, including NSF checks or ACH withdrawals, declined or expired credit cards, or non-payment of a billed account.
10. You will continue to be liable for and agree to pay regular account charges unless and until you give LocalLink, a written notice to termination 5 days in advance for your next billing date for dialup accounts, and 10 days in advance for DSL service. A 1.5% per month service charge will be assessed to any open balance over 30 days. Prepaid accounts are not refundable. Your primary contact with LocalLink for billing and system information updates such as dial-in numbers and other service changes is by your LocalLink email address, it is your responsibility to contact Technical Support at the number provided for help if you are not receiving your LocalLink email.
11. All payments returned for Non Sufficient funds whether by check or ACH payment will be subject to a $30.00 NSF fee. All accounts that are turned over to our collections agency will have a $10.00 fee added to their outstanding balance.
12. LocalLink may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time in any manner. Notice or any revisions, amendment, or modification will be posted on LocalLink's Web site (http://www.LL.net) and/or by email and/or in our various publications and mailings to Members.
13. THIS SUBSCRIPTION AGREEMENT IS NOT INTENDED FOR AND DOES NOT INCLUDE COMMERCIAL ACCOUNT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF LOCALLINK'S SERVICES AND NOTIFY CUSTOMER SERVICE SO THAT LOCALLINK MAY CANCEL YOUR ACCOUNT.
Last update 7/14/2005