Lightning ISP (Lightning ISP) agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Lightning ISP exercises no control whatsoever over the content of the information passing through Lightning ISP system. Use of any information obtained via Lightning ISP is at User's risk. Neither Lightning ISP nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Lightning ISP make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Lightning ISP, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Lightning ISP NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL Lightning ISP, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Lightning ISP IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Lightning ISP' LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Lightning ISP in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Lightning ISP, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Lightning ISP, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Lightning ISP in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Lightning ISP shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to Lightning ISP 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.
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. Lightning ISP has no control over and accepts no responsibility whatsoever for such materials.
User may not:
Lightning ISP has no obligation to monitor the Service. However, User agrees that Lightning ISP has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Lightning ISP will not intentionally monitor or disclose any private E-mail message unless required by law. Lightning ISP reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Lightning ISP reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Lightning ISP following payment of a reconnection charge, to be determined by Lightning ISP in its sole and absolute discretion.
User agrees to limit their use of the Lightning ISP service, specifically regarding the use of Lightning ISP electronic (email) services, to the following restrictions:
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Lightning ISP' service.
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Lightning ISP RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Lightning ISP SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Lightning ISP SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Lightning ISP RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Lightning ISP SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Although Lightning ISP advertises "Unlimited Bandwidth" in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of Lightning ISP services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by Lightning ISP.
You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.
Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.
Although Lightning ISP posts "local numbers" for customers to use, be sure to check with your phone company to make sure the number is within your local calling area or a toll-free call. Lightning ISP can not be held liable for toll charges used to call an access number provided. If you are concerned whether a number is within your "local calling area", contact your phone carrier operator from the place where your computer is located. Give the operator the local access number you plan to use and ask whether the number is a local or toll call.
Although Lightning ISP advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Lightning ISP services by any such User, which restricts overall Lightning ISP system availability for other such Users. These limitations apply only to Dial-Up access services offered by Lightning ISP.
User agrees to have their online session automatically terminated after thirty (30) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Lightning ISP service.
User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.
User understands they cannot log back onto the Lightning ISP system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.
User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Lightning ISP. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.
User agrees that for all Qwest locations, that they will be limited to 200 hours of access per month. If a customer exceeds the 200 hour limit, there account will be temporarily disabled until the first of the next month. The time zone used for determination of hours will be EST time.
A credit card User agrees to allow "Lightning ISP" to bill his or her card on each successive billing date (last day of each month) without obtaining User's permission after the initial charge. A credit card User shall notify Lightning ISP of any changes in credit card number or expiration date. If the card is not honored for any reason, Lightning ISP will attempt to notify the card holder by using the email information given at sign-up. If alternative billing has not been established, the account will be terminated.
If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Lightning ISP in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated.
Lightning ISP maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Lightning ISP utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Lightning ISP attorneys' fees and costs in the collection of these sums.
Lightning ISP reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
Lightning ISP reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Lightning ISP will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.
User must notify Lightning ISP via email, telephone or in writing to cancel Service. Fees for any setup, shipping and handling, and monthly service charges placed by Lightning ISP are non-refundable.
Information transmitted through Lightning ISP and through the Internet in general is not confidential. Lightning ISP can not and shall not guarantee privacy or protection of any User. Lightning ISP reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Lightning ISP.
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, Lightning ISP will NOT publish or make available to third parties the User's name and other consumer information. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.
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. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.
Lightning ISP does not and will not perform system backups on any User's E-mail account(s). Lightning ISP 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, Lightning ISP will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Lightning ISP shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Lightning ISP will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Lightning ISP may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Lightning ISP in its sole discretion believes violates any of the terms and conditions in this Agreement. If Lightning ISP denies User access to the Service because of such a violation, User shall not have the right (1) to access through Lightning ISP 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 Lightning ISP, and Lightning ISP 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.
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Lightning ISP's system for periods exceeding (5) five hours, in any single continuous session. User authorizes Lightning ISP to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify Lightning ISP if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Lightning ISP.
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.
Lightning ISP 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.
Lightning ISP 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 Illinois 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.
Lightning ISP 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 the reasonable control of Lightning ISP.
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 Lightning ISP as the defendant, shall be proper only in a venue determined by Lightning ISP.
In any action between Lightning ISP and User to enforce any of the terms of this Agreement, Lightning ISP shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Lightning ISP with respect to the Service.