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AGREEMENT Vocallogic Communications is
an interactive online service provider of Internet access. This
agreement sets forth the Standard Terms and Conditions that apply
to subscriber use of Vocallogic. Subscriber henceforth agrees to
compliance with all terms of service use.
RELATIONSHIP
The relationship between the subscriber and
Vocallogic is that of subscriber and service provider only. In the
event of a violation of any terms and/or conditions set forth in
this agreement, Vocallogic reserves the right to immediately
terminate the services provided to the subscriber, with the
subscriber being fully responsible for any and all attorney's fees
incurred by Vocallogic regarding this agreement at all trial and
appellate court levels.
UNAUTHORIZED USE
Questions regarding acceptable use of
Vocallogic should be sent to:
Unauthorized use of Vocallogic services
includes, but is not limited to, the following examples: illegal
or criminal activities; sending or posting fraudulent or harassing
electronic messages (including "spamming"-sending a message's
content to an unreasonable number of mail addresses or message
areas, as well as unsolicited mailing of commercial sales
pitches); posting messages to public message areas which violate
any restriction in that area's charter or policy; use, attempted
use or possession in one's account of programs in order to
interfere with Vocallogic's system, defraud customers or gain
unauthorized access to computers, networks, file areas or system
privileges; taking unauthorized actions on IRC servers, such as
cloning and running bots intended to take malicious action;
running background processes of programs on your UNIX shell
account while not logged in; placing pictures of nudity in
Vocallogic WWW directories; or, placing files containing
commercial software in file areas accessible by the public.
Subscriber shall not allow unauthorized
connections to Vocallogic, unauthorized reselling of Vocallogic,
or the solicitation of Vocallogic users to become subscribers to
other online service providers in competition with Vocallogic, nor
shall the subscriber make any unauthorized copies or duplications
of any Vocallogic material, advertising, forms, brochures,
pamphlets and the like which is the property of Vocallogic.
Any subscriber attempting to harm or cause
damage to Vocallogic equipment in any way will be billed at
$250.00 per hour, with a minimum billable time period of 1 hour,
to track the offending subscriber and repair any damage they may
have caused.
Refunds for accounts closed due to a direct
violation of the User Policy Agreement will only be granted at the
discretion of Vocallogic.
DISCLAIMER
The Vocallogic service provided is provided on
an as is, as available, basis without warranties of any kind,
either express or implied, including, but not limited to,
warranties of merchantability, fitness for a particular purpose or
non-infringement. Vocallogic expressly disclaims any
representation or warranty that the Vocallogic service will be
error-free, secure or uninterrupted. no oral advice or written
information given by Vocallogic, its employees, licensors or
agents will create a warranty; nor may you rely on any such
information or advice. The terms of this section shall survive the
termination of this agreement for whatever reason.
Under no circumstances, including negligence,
will Vocallogic, or its affiliates be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use the Vocallogic service,
including but not limited to reliance on any information obtained
on the Vocallogic service; or that result from mistakes,
omissions, interruptions, deletion of files or E-Mail, loss of or
damage to data, errors, defects, viruses, delays in operation, or
transmission, or any failure of performance, whether or not
limited to acts of God, communication failure, theft, destruction
or unauthorized access to Vocallogic records, programs or
services. You hereby acknowledge that this provision will apply
whether or not Vocallogic is given notice of the possibility of
such damages and that this provision will apply to all content,
merchandise or services available from Vocallogic or its
affiliates. the terms of this section shall survive any
termination of this agreement.
MODIFICATION OF TERMS
Vocallogic reserves the right to modify this
policy at any time and without advance notice.
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