Read This Internet Service Agreement Carefully Before Using Our Internet
Services.
1. INTRODUCTION.
Laguna Beach Internet (“Laguna Internet”) provides its Internet
services, as they may exist from time to time (“Services”), to users who
pay a monthly, quarterly or yearly 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 under Section 10.
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. Laguna Beach Internet is not responsible for any long-distance,
toll or other telecommunications charges you incur. Toll-free (800 #),
international, and simultaneous login access costs are extra. Current prices
for Laguna Beach Internet’s Services are posted throughout our website at http://www.lagunainternet.com/
. These rates may also be obtained by calling (949)305-3671. Laguna Beach Internet
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 Laguna Beach Internet with
accurate and complete billing information including legal name,
address, telephone number, and credit card/billing information, and
(ii) report to Laguna Beach Internet 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 Laguna Beach Internet at (949)305-3671. 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. Laguna Beach Internet is not
responsible for any charges or expenses (e.g for overdrawn accounts,
exceeding credit card limits, etc.) resulting from charges billed by
Laguna Beach Internet. |
| (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 Laguna Beach Internet, the reseller must pay all amounts
owing for your account. If the reseller fails to pay Laguna Beach Internet
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 Laguna Beach Internet’s
sole discretion; however, charges will continue to accrue until the
account is canceled. Laguna Beach Internet may bill an additional
charge to reinstate a suspended account. |
| (h) |
Laguna Beach Internet bills for
simultaneous logins on an account. This means that multiple users
dialing into the same account, at the same time will incur
additional charges. All usage plans are billed at one dollar per
hour for the length of time all sessions overlap. The simultaneous
usage charges are in addition to any other charges in effect for
your account. Please note that you are responsible for recognizing
when more than one person is logged 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 Laguna Beach Internet
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 Laguna Beach Internet 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 Laguna Beach Internet’s discretion, be
transferred to a compressed temporary file or storage. Laguna Beach Internet
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
(949) 305-3671.
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.
Laguna Beach Internet may change its POP numbers at any time. Laguna Beach Internet
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 Laguna Beach Internet’s property and Laguna Beach Internet
may alter or replace them at any time.
5. MONITORING THE SERVICES.
Laguna Beach Internet has no obligation to monitor the Services, but may do
so and disclose information regarding use of the Services for any reason if Laguna Beach Internet,
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. Laguna Beach Internet may immediately remove your material or
information from Laguna Beach Internet’s servers, in whole or in part, which
Laguna Beach Internet, 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 LAGUNA BEACH INTERNET, LAGUNA BEACH INTERNET 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. LAGUNA BEACH INTERNET 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.
LAGUNA BEACH INTERNET DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LAGUNA BEACH INTERNET 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 LAGUNA
BEACH INTERNET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY
LAGUNA BEACH INTERNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. LAGUNA
BEACH INTERNET 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, LAGUNA BEACH INTERNET’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. SOFTWARE LICENSE.
Laguna Beach Internet grants to each Member a limited, nonexclusive,
nontransferable and nonassignable license to install and use the Laguna Beach Internet
access software (including software from third-party vendors that Laguna Beach Internet
distributes; in object code format), its associated documentation, and any
updates thereto (“Licensed Programs”) in order to access and utilize the
Services. Each Member agrees to use the Licensed Programs solely in
conjunction with the Services and for no other purpose. Laguna Beach Internet
may modify the Licensed Programs at any time, for any reason, and without
providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information
of Laguna Beach Internet and Laguna Beach Internet’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 Laguna Beach Internet
and Laguna Beach Internet’s licensors. Member 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. Contractor/manufacturer
is Laguna Beach Internet, 27 Harveston, Mission Viejo, CA 92692.
8. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain “lagunainternet.com”,
“lagunabeachinternet.com” or any other site operated by Laguna Beach Internet
(the "Web site") is a complimentary information service offered by Laguna Beach Internet
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 “lagunainternet.com”, “lagunabeachinternet.com” is such a
Web site. These links are provided for convenience only and are not intended
as an endorsement by Laguna Beach Internet 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 "Laguna Beach Internet",
(b) the link must "point" to the URL “lagunainternet.com”, “lagunabeachinternet.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 Laguna Beach Internet , (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) Laguna Beach Internet
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
Laguna Beach Internet.
Some portions of the Web site are made available for the free exchange of
ideas by participants and are not regularly monitored nor moderated by Laguna Beach Internet.
Laguna Beach Internet assumes no responsibility and makes no warranty that it
will undertake to screen or remove such material. You agree to hold Laguna Beach Internet
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 Laguna Beach Internet 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. Laguna Beach Internet 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 Laguna Beach Internet
to use on the Web site will be deemed to be a grant by you to Laguna Beach Internet
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
.
9. 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.
10. TERMINATION.
You may terminate your account at any time and for any reason by providing
notice of intent to terminate to Laguna Beach Internet by:
- registered or certified mail, return receipt requested addressed to
Laguna Beach Internet, 27 Harveston, Mission Viejo, CA 92692; or
- telephone calls directed to Accounts-Customer Service at (949) 305-3671
Email termination of your basic Internet access account will not be accepted.
To terminate Web Hosting and/or Business Services, you must call (949)
305-3671. Your termination will only be complete upon your receipt of a
cancellation confirmation number from Laguna Beach Internet. Charges to your
account will stop accruing the day Laguna Beach Internet 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 Laguna Beach Internet’s servers, anything stored
on this space will be deleted upon termination.
Without prior notice, Laguna Beach Internet may terminate this Agreement,
your password, your account, or your use of the Services, for any reason,
including, without limitation, if Laguna Beach Internet, 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. Laguna Beach Internet 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.
11. JURISDICTION.
Under California Civil Code Section 1789.3, Members or Visitors who are
residents of California are entitled to the following specific consumer rights
information: the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs may be contacted in writing at
1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 916.445.1254.
This Agreement is governed by California law without regard to conflict of law
provisions.
The federal and state courts located in California alone have jurisdiction
over all disputes arising out of or related to this Agreement and the
Services. You consent to the personal jurisdiction of such courts sitting in
California with respect to such matters or otherwise between you and Laguna Beach Internet,
and waive your rights to removal or consent to removal.
12. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy
Policy, and Laguna Beach Internet’s other user policies posted on Laguna Beach Internet’s
Web site constitute the entire agreement between you and Laguna Beach Internet
with respect to your use of the Services.
Laguna Beach Internet 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 Laguna Beach Internet's Web site (http://www.lagunainternet.com)
and/or on Member's start pages and/or by email and/or in our various
publications and mailings to Members.
Ver. 02/24/2005
