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Terms of Service
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.
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.
User is responsible for making sure the access number they
dial is a local toll-free call. Under no circumstance will
MOLINK.NET be responsible for long distance charges incurred
to the enduser by using the service. If you have any doubts
if a number is local, please call your local operator by
dialing 0.
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.
·
Use their personal FTP site for business sites.
·
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.
·
Share their account information with any other person.
Dialup Restrictions
MOLINK.NET service is unlimited in terms of 400 hours per
month per billing cycle.
Please keep in mind, however, that we are a consumer
service, and not designed for people who require an "always
on" connection with long periods of inactivity.
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.
Email Restrictions
·
User agrees that Port 25 (SMTP) is blocked for all outgoing
mail servers except our own.
·
User may not attempt to send more than 200 emails per hour
period.
·
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.
·
New email is kept on the server for only 60 days.
·
Webmail (Inbox) is kept on the server for only 60 days.
·
Webmail (Sent folder) is kept on the server for only 30
days.
·
Webmail (Trash folder) is kept on the server for only 7
days.
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
refund the user the unused portion of that month's service
at the time of cancellation.
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.
No Confidentiality
Information transmitted through us and through the Internet
in general is not confidential. We can not 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.
Privacy Policy
MOLINK.NET will not use or sell your email address or
personal data to any 3rd party, with the exception that if
MOLINK.NET 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 MOLINK.NET
endusers.
Billing Policy
Upon signup, your billing date begins. For example, if you
begin service on the 12th of the month, your
monthly automatic debits will take place on the 12th
of each month.
If the billing is declined, we will attempt a rebill every
day until approved. It is the End Users responsibility to
make sure that MOLINK.NET always has the most up to date
contact and billing information for their account. Under no
circumstances will MOLINK.NET be liable for bank fees
incurred by the User for MOLINK.NET attempting to charge for
service. If the billing continues to be declined after 15
days the account may be subject to cancellation for
non-payment and charged a late fee.
Any billing disputes done through the bank will result in
immediate cancellation of our MOLINK.NET account. Please
redirect all billing disputes to our billing department.
MOLINK.NET accepts checks & money orders but only for annual
payments. Month to month is not available for any methods
besides credit cards or electronic check. NO REFUNDS are
given for ANY REASON. No exceptions are provided.
If a electronic check or a check payment is returned for any
reason a $25.00 returned check fee will apply.
Cancellation Policy
You can cancel your service one of three ways.
By mail to:
MOLINK.NET
126 W Main
Malden, MO 63863
By Phone to:1-866-610-2237
(9 AM - 4 PM CST
M-F)
By Email:
sales@molink.net
Please include your name, address, return phone number,
dial-up username, and email address as well as a request to
cancel service and the date you want the cancellation to
occur.
Failure to Comply With Terms and 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 Washington 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.
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