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1. INTRODUCTION.
Global Lynx, Inc. provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services.
2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. 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. Global Lynx, Inc. is not responsible for any long-distance, toll or other telecommunications charges you incur. Current prices for Global Lynx, Inc. Services are posted throughout our website at http://www.glx.net. These rates may also be obtained by calling 402.342.8700. Global Lynx, Inc. reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i) provide Global Lynx, Inc. with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Global Lynx, Inc. all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact Global Lynx, Inc. Customer Service Department at 402.342.8700. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
(c) Charges are billed to Members’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Global Lynx, Inc. is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Global Lynx, Inc.
(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.
(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
(f) If you purchase Services through a reseller who in turns pays Global Lynx, Inc. , the reseller must pay all amounts owing for your account. If the reseller fails to pay Global Lynx, Inc. any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at Global Lynx, Inc. sole discretion; however, charges will continue to accrue until the account is canceled. Global Lynx, Inc. may bill an additional charge to reinstate a suspended account.
(h) Global Lynx, Inc. does not allow for simultaneous logins on an account. This means that multiple users attempting to dial into the same account, at the same time will be denied service. Please note that you are responsible for recognizing when more than one person is attempting to log in at the same time.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Global Lynx, Inc. account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Global Lynx, Inc. immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Global Lynx, Inc.'s discretion, be transferred to a compressed temporary file or storage. Global Lynx, Inc. may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling 402.342.8700.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.
Global Lynx, Inc. may change its POP numbers at any time. Global Lynx, Inc. reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Global Lynx, Inc.'s property and Global Lynx, Inc. may alter or replace them at any time.
5. MONITORING THE SERVICES.
Global Lynx, Inc. has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Global Lynx, Inc., in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. Global Lynx, Inc. may immediately remove your material or information from Global Lynx, Inc.'s servers, in whole or in part, which Global Lynx, Inc., in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY GLOBAL LYNX, INC., GLOBAL LYNX, INC. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. GLOBAL LYNX, INC. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLOBAL LYNX, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GLOBAL LYNX, INC. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH GLOBAL LYNX, INC. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY GLOBAL LYNX, INC. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. GLOBAL LYNX, INC. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, GLOBAL LYNX, INC.'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain “glx.net”, “globallynx.com”, or any other site operated by Global Lynx, Inc. (the "Web site") is a complimentary information service offered by Global Lynx, Inc. at no charge to users.
We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “glx.net”, “globallynx.com” is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Global Lynx, Inc. of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Global Lynx", (b) the link must "point" to the URL "http://www.glx.net" or "http://www.globallynx.com" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Global Lynx, Inc., (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Global Lynx, Inc. may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Global Lynx, Inc.
8. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
9. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Global Lynx, Inc by: mail addressed to:Global Lynx, Inc. P.O. Box 3256 Omaha, NE 68103-0256. Any other form of termination will not be accepted. To terminate DSL service, you must call 402.342.8700. To terminate Web Hosting and/or Business Services, you must submit, in writing, intent to cancel within a minimum of 30 and a maximum of 60 days prior to the expiration date of your contract. Your termination will only be complete upon your receipt of a cancellation confirmation from Global Lynx, Inc. Charges to your account will stop accruing the day Global Lynx, Inc. provides you with a cancellation confirmation. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on Global Lynx, Inc.'s servers, anything stored on this space will be deleted upon termination.
Without prior notice, Global Lynx, Inc. may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Global Lynx, Inc., in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Global Lynx, Inc. may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, and 6 of this Agreement shall survive termination of this Agreement.
10. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and Global Lynx, Inc.’s other user policies posted on Global Lynx, Inc.’s Web site constitute the entire agreement between you and Global Lynx, Inc. with respect to your use of the Services.
Global Lynx, Inc. may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Global Lynx, Inc.'s Web site (http://www.glx.net) and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.
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