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| Legal Stuff: Internet Service Agreement |
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Read This Internet Service
Agreement Carefully Before Using Our Internet Services.
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1. INTRODUCTION
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Cledo Online (“Cledo”) provides its
Internet services, as they may exist from time to time
(“Services”), to users who pay a service fee to subscribe to the
Services (“Subscribers”) 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 Subscriber, you must terminate your use of the
Services under Section 10.
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2. SUBSCRIPTION REQUIREMENTS
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Subscribers must be at least 18 years old. Local access dial-up
numbers may not be available in all areas. Subscribers are solely
responsible for determining if use of a particular dial-up number
will incur long-distance, toll, or other charges to Subscriber. Cledo
is not responsible for any long-distance, toll or other
telecommunications charges Subscribers incur. Toll-free (800, 888,
877), international, and simultaneous login access costs are extra.
Current prices for Cledo’s Services are posted
throughout our Web site at www.cledo.net. These rates may
also be obtained by calling (419) 217-1090. Cledo
reserves the right to change prices and institute new fees at any
time and in any manner.
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3. PAYMENT OBLIGATIONS OF A SUBSCRIBER
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| (a) |
Subscribers must (i) provide Cledo
with accurate and complete billing information including
legal name, address, telephone number, and credit
card/billing information, and (ii) report to Cledo
all changes to this information within thirty (30) days of
the change. Subscribers are responsible for any charges to
their account. |
| (b) |
Subscribers having questions regarding
charges to an account, should contact Cledo’s
Customer Service Department at (419) 217-1090. All
charges are considered valid unless disputed in writing
within thirty (30) days of the billing date. Adjustments
will not be made for charges that are more than 30 days old. |
| (c) |
Periodic charges (monthly, quarterly,
annually and so forth) are billed to Subscribers’ credit
cards or debit cards, as applicable, each billing cycle for
the basic service and any additional usage or services. Cledo
is not responsible for any charges or expenses (e.g. for
overdrawn accounts, exceeding credit card limits, etc.)
resulting from charges billed by
Cledo. |
| (d) |
If paying by check, payments are due within
30 days after the billing date 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 Cledo, the reseller must
pay all amounts owing for your account. If the reseller
fails to pay Cledo
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
cancelled at
Cledo’s sole discretion; however, charges
will continue to accrue until the account is cancelled. Cledo
may bill an additional charge for late payments, or
to reinstate a suspended or cancelled account. |
| (h) |
Cledo bills for excess dialup
usage. All usage plans are billed per hour for the length of
time all sessions over the allotted hours for the plan
exceed. The usage charges are in addition to any other
charges in effect for your account. Please note that you are
responsible for recognizing when excess usage may occur. |
| (i) |
Cledo may charge for taxes
and other applicable fees. |
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4. SUBSCRIBER'S ACCOUNT, PASSWORD, AND SECURITY
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| Upon registration, Subscribers receive a username, password, and
account designation. You and Subscribers of your household or
business, if you have purchased a business account, are the only
authorized users of your
Cledo 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 Cledo
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 Subscriber's allotted email space may, at Cledo’s
discretion, be transferred to a compressed temporary file or
storage.
Cledo 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 Subscriber may be suspended until
the Subscriber 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 Subscriber will be billed
for excess traffic. You may establish a commercial or high-volume
account by calling (419) 217-1090.
Subscribers agree not to use any automatic method to avoid
inactivity disconnect or to otherwise maintain a connection unless
actively using it. Subscribers agree not to provide any public
information services over a dial-up connection.
Cledo may change its POP numbers at any time. Cledo
reserves the right to direct Subscribers to use certain numbers to
access the Service or to restrict use of specific access numbers.
Usernames, passwords and email addresses are Cledo’s
property and Cledo
may alter or replace them at any time.
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5. MONITORING THE SERVICES
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Cledo has no obligation to monitor the Services,
but may do so and disclose information regarding use of the Services
for any reason if
Cledo, 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 Subscribers. Please see our Privacy Policy.
Cledo may immediately remove your material or
information from Cledo’s servers, in whole or in
part, which Cledo, in its sole and absolute
discretion, determines to infringe another’s property rights or to
violate our Acceptable Use Policy.
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6. DISCLAIMER OF WARRANTIES and LIMITATION OF
LIABILITY
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| EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY CLEDO, CLEDO
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. CLEDO
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. CLEDO DOES NOT WARRANT THAT
THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. CLEDO
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 CLEDO
OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY CLEDO
OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. CLEDO
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, CLEDO’S
CUMULATIVE LIABILITY TO ANY SUBSCRIBER 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.
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7. SOFTWARE LICENSE
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| Cledo grants to each Subscriber a limited,
nonexclusive, nontransferable and nonassignable license to install
and use the Cledo
access software (including software from third-party vendors that Cledo
distributes; in object code format), its associated documentation,
and any updates thereto (“Licensed Programs”) in order to access
and utilize the Services. Each Subscriber agrees to use the Licensed
Programs solely in conjunction with the Services and for no other
purpose. Cledo
may modify the Licensed Programs at any time, for any reason, and
without providing notice of such modification to a Subscriber.
The Licensed Programs constitute confidential and proprietary
information of Cledo and Cledo’s
licensors and embody trade secrets and intellectual property
protected under United States copyright laws, other laws, and
international treaty provisions. All right, title, and interest in
and to the Licensed Program, including associated intellectual
property rights, are and shall remain with Cledo
and
Cledo’s licensors. Subscriber shall not translate,
decompile, reverse engineer, distribute, remarket, or otherwise
dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the
Licensed Programs or any underlying information or technology except
in full compliance with all United States and other applicable laws
and regulations. By installing or downloading the Software, you
represent and warrant that you are not located in, under the control
of or a national or resident of any country on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Deny Orders.
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8. WEB SITE USAGE
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| Our site on the World Wide Web or any other site operated by Cledo
(the “Web site”) is a complimentary information service offered
by
Cledo 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 “cledo.net” is such a
Web site. These links are provided for convenience only and are not
intended as an endorsement by Cledo 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 “Cledo Online”,
(b) the link must “point” to the URL “http://www.cledo.net”
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, (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 Cledo,
(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) Cledo
may, in its sole discretion, revoke consent to link to our Web site
at any time. All other hypertext links to the Web site must be
approved in writing by
Cledo.
Some portions of the Web site may be made available for the free
exchange of ideas by participants and are not regularly monitored
nor moderated by
Cledo. Cledo assumes no
responsibility and makes no warranty that it will undertake to
screen or remove such material. You agree to hold
Cledo harmless from all claims based upon the
materials posted by others. Also, in exchange for availing yourself
of the opportunity to upload or provide information to this site and
any associated chat rooms or discussion areas, you will indemnify Cledo
from any claims made by third parties regarding the material that
you provide. Personal information posted by you to the Web site is
posted at your own risk.
Cledo will have no liability arising from use of
that information. You shall not use the Web site to distribute or
publish any advertising of goods or services, solicitations for
funds, or other commercial messages. You agree that you will not
post, upload or otherwise introduce a virus or other harmful code
onto the Web site.
Your posting of material on the Web site or providing material to
Cledo to use on the Web site will be deemed to
be a grant by you to
Cledo of a license to the material to include
the material on the Web site and to reproduce, publish, distribute,
perform, display, and transmit the material and to prepare
derivative works as may be reasonably necessary to do so, and you
waive all rights of attribution and integrity with respect to the
material.
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9. TERM OF AGREEMENT
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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 Subscriber, to
terminate your account.
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10. TERMINATION
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You may terminate your account at any time and for any reason by
providing notice of intent to terminate to Cledo
by:
- registered or certified mail, return receipt requested
addressed to:
Cledo Online
2201 Commerce Dr.
Fremont, Ohio 43420; or
- telephone calls directed to Accounts-Customer Service at (419) 217-1090.
Email termination of your basic Internet access account will not be
accepted. Your termination will only be complete upon your receipt
of a cancellation confirmation number from Cledo.
Charges to your account will stop accruing the day Cledo
provides you with a cancellation confirmation number. 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 Cledo’s
servers, anything stored on this space will be deleted upon
termination.
Without prior notice, Cledo may terminate
this Agreement, your password, your account, or your use of the
Services, for any reason, including, without limitation, if Cledo,
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. Cledo
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, 6, and 11 of this Agreement shall survive
termination of this Agreement.
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11. JURISDICTION
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This Agreement is governed by Ohio law without
regard to conflict of law provisions. Any controversy or claim
arising out of or relating to this agreement, or the breach thereof,
shall be settled by arbitration, and administered by the American
Arbitration Association under its Commercial Arbitration Rules. Any
such arbitration will be governed by
Ohio law and will be held in Fremont, Ohio.
The arbitrator will be an expert in the field of Internet services.
The arbitrator's award shall be final and binding and judgment on
the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. There shall be no class action
arbitration pursuant to this agreement.
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12. MISCELLANEOUS
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| This Agreement, the Acceptable Use Policy, the Privacy Policy, and Cledo’s
other user policies posted on Cledo’s Web site
constitute the entire agreement between you and Cledo
with respect to your use of the Services.
Cledo 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 Cledo's
Web site and/or by email and/or in our various publications and
mailings to Subscribers.
Effective 5/1/2003 |
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| Contact Information |
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| E-mail: |
Support |
| Office Address: |
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Cledo Online
2201 Commerce Dr.
Fremont, Ohio 43420
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| Postal Mail: |
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Cledo Online
P.O. Box 453
Bellevue, Ohio 44811
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| E-mail: |
Billing |
| Toll Free: |
(866) 672-5168 |
| Office: |
(419) 217-1090 |
| Fax: |
(309) 403-5117 |
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