In consideration of the covenants and agreements herein contained, Lindalink LLC and Customer agree as follows:
Lindalink LLC shall provide to Customer a high-speed connection to the Internet for lawful uses via Lindalink LLC's network and computer facilities, which shall be operated seven (7) days per week, twenty-four (24) hours per day (the "Services"), subject to temporary unavailability or interruptions due to service requirements, network maintenance, repair and modification, facility upgrades, acts or omissions outside of Lindalink LLC's control and force majeure. The Services provided by Lindalink LLC pursuant hereto are subject to all of the terms and conditions of this Agreement.
Customer shall pay Lindalink LLC a one-time set-up charge upon execution of this Agreement of $200. THIS SET-UP CHARGE SHALL BE NONREFUNDABLE UNDER ANY AND ALL CIRCUMSTANCES. Thereafter, Customer shall pay Lindalink LLC a monthly fee of $55 per month. THERE ARE NO REFUNDS FOR ANY PORTION OF AN UNUSED MONTHLY OR ANNUAL PAYMENT UPON CANCELLATION OR TERMINATION OF THE SERVICES BY EITHER PARTY FOR ANY REASON. Customer acknowledges, covenants and agrees that it shall pay all of Lindalink LLC's attorney’s fees, court costs and expenses of litigation if Lindalink LLC incurs same in enforcing this Agreement or because Customer has failed to pay any amount due hereunder on or before the due date therefore, whether or not litigation is actually commenced. Any and all amounts not paid when due shall bear interest at the rate of eighteen percent (18%) per annum, in addition to a 10 percent (10%) late charge for each month, or portion thereof, said amount remains unpaid. Customer authorizes and consents to Lindalink LLC obtaining a credit report on Customer, and acknowledges that the acceptability to Lindalink LLC of said credit report is a condition precedent to any of Lindalink LLC's obligations arising under this Agreement.
Term and Termination
(a) The Term of this Agreement shall commence on the day and year service is initiated, and end on the date service is discontinued by either party by written notice to the other party of their intention to terminate this Agreement at least thirty (30) days prior to the end of the Agreement.
(b) Lindalink LLC may terminate this Agreement and its obligation to provide Services pursuant hereto without notice to Customer upon: (i) Customer’s failure to pay any amounts due and owing pursuant hereto within ten (10) days after the date of the invoice therefore; or (ii) Lindalink LLC's determination that Customer has used the Services fraudulently, unlawfully or abusively, and has failed or refused to cease such fraudulent, unlawful or abusive use within two (2) days after Lindalink LLC's sending of notice thereof to Customer, or at any time after such notice is given, if Customer recommences such fraudulent, unlawful or abusive uses; or (iii) Customer's breach of the terms and conditions hereof, and/or those set forth in Lindalink LLC's Acceptable Internet Use Policy ("AIUP") service will be terminated without opportunity to reestablish service. Upon such termination, Customer acknowledges and understands that Lindalink LLC shall remove and delete all of Customer's electronically stored data from Lindalink LLC's facilities without further notice or any liability of any kind, nature or description whatsoever to Customer, and Customer hereby expressly authorizes Lindalink LLC to undertake such removal and deletion.
Customer acknowledges and understands that its obligation to make payment hereunder for the Services is and shall not be abrogated, delayed, excused or otherwise relieved by a suspension of the Services provided by Lindalink LLC or termination of the Agreement by Lindalink LLC.
(c) The rights and remedies provided by this Agreement are given in addition to any other rights or remedies Lindalink LLC may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by Lindalink LLC shall not preclude or waive its right to use all other rights and remedies.
(d) Lindalink LLC, Inc. may discontinue service at any time without reason at its sole discretion. Any derogatory, inflammatory, or other type of posts on any public forum, social network, etc. that Lindalink LLC, Inc. believes will have a negative impact on the company or any of its affiliates will be grounds for immediate termination of service with no refund.
Lindalink LLC's obligation to provide Services under this Agreement, and Customer's use of the Services provided by Lindalink LLC hereunder, are expressly subject to the following limitations and restrictions:
(a) Unlawful, inappropriate content prohibited. Customer covenants, agrees, warrants and represents that it shall not use the Services provided by Lindalink LLC to create, store, transmit or duplicate data which violates any federal, state, local or municipal law, statute, regulation, rule, ordinance or other government regulation including, but not limited to, those dealing with libel, slander or defamation of character; intellectual property (including copyright, trademark, patent, or trade secret rights) or obscenity.
(b) Compliance with AIUPs. Customer at all times during the use of Services covenants and agrees to abide by Lindalink LLC's AIUPs as established and modified from time to time, and the AIUPs of all other networks which Customer may traverse in the course of its use of the Services.
(c) Simultaneous use. Customer's accounts shall not be shared. Customer will not connect any routers, switches, access points, or other devices in a manner that allows open access to the network. Access points may be connected provided the wireless link is encrypted for protection against unauthorized access.