Terms and Conditions
- The customer agrees to remain entirely liable for all activities conducted through the customer's account. The customer may permit a member of their immediate household to use the customer's account subject to the account holder's supervision and with assumption of all resulting liabilities.
- The customer agrees to not attempt to gain unauthorized access to
or tamper with any part of Data Link's network or accounts
on Data Link network, as well as other networks or accounts
on other networks.
- The customer agrees that non-network dialup accounts (personal accounts) are not to be used for network connectivity or mailed connections (connections that remain up even though no interactive usage occurs).
- The customer agrees to not use Data Link's network for
the purpose of harassing or threatening other people.
- The customer agrees to not consume excessive network resources, including but not limited to, disk space, RAM, or processor time.
- The customer agrees to not use Data Link's network to
distribute unsolicited bulk electronic mail (UBE) or inappropriate commercial
postings (spam) to Usenet newsgroups. UBE or spam directing recipients
to a site served by Data Link network is prohibited.
- The customer agrees that data archived by Data Link for recovery purposes is the property of Data Link. Data Link reserves the right to charge the customer for restoring data from its backup system. Data Link makes no warranties of any kind, whether expressed or implied, as to the quality or reliability of these backups.
- The customer agrees that Data Link reserves the right to prevent other Internet users from accessing its network, either in part or in whole, for any reason.
- The customer is responsible for providing and maintaining the necessary cabling, hardware and software used for this service at the customer's site. All telephone company installation and recurring charges are the customer's responsibility. It is understood that Data Link does not own or control the telecommunications facilities used to access its network, except those specifically identified as belonging to Data Link.
- Services provided by Data Link can be paid for via check, money order, or credit card. Accounts are normally billed quarterly in advance. Personal customers will receive electronic mail reminders before their account expires, and can receive invoices via mail upon request. Corporate customers will receive both electronic mail reminders and invoices via mail. Payment terms are noted on each invoice. Failure to comply with payment terms may result in an interruption of service.
- Termination of accounts must be in writing, via fax, US mail, or electronic mail. A pro-rated refund will be issued to accounts that are in good standing. If Data Link terminates service due to any violation of this agreement by the customer, the customer forfeits any existing balance. If Data Link waives the right to terminate service due to any violation of this agreement, Data Link is not bound to waive that right in future instances.
- These Terms and Conditions may not be sold, transferred, or assigned without the prior written consent of Data Link.
- Data Link exercises no control whatsoever over the content of the information passing through its network. Data Link makes no warranties of any kind, whether expressed or implied, for the service it is providing.
- Data Link will not be responsible for any damage the customer suffers
from use of Data Link's network. This includes, but is
not limited to, loss of data resulting from delays or service interruptions
caused by Data Link's own negligence, Data Link's
vendors, other third parties, or the customer's errors or omissions.
Use of any information obtained via Data Link's network
is at the customer's own risk. Data Link specifically denies any
responsibility for the accuracy or quality of information obtained through
its network.
- Although it is not Data Link's current policy to do so,
Data Link reserves the right to disclose to other companies information
about its subscribers. Data Link reserves the right to cooperate
with law enforcement to the extent permissible by law.
- Data Link's network may only be used for lawful purposes
and in accordance with these Terms and Conditions. Transmission
of any material in violation of any local, state, federal or international
regulation(s) is prohibited. This includes, but is not limited
to, copyrighted material, material legally judged to be threatening
or obscene, or material protected by trade secret. The customer
agrees to indemnify and hold harmless Data Link from any claims resulting
from the customer's use of the service which damages the customer or
another party.
- The use of Data Link's network to transmit certain kinds
of information may violate export control laws and regulations of the
United States, whether that information is received abroad or by foreign
nationals within the United States. Since Data Link exercises
no control whatsoever over the content of information passing through
its network, the entire burden of complying with such laws and regulations
rests with the customer. The customer agrees to comply with such laws
and regulations and to indemnify and hold Data Link harmless from any
damages it may suffer resulting from any violation of the export control
laws of the United States.
- If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions will remain in full force and effect.
- These Terms and Conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding any
variance with Terms and Conditions of any order submitted. Use
of Data Link's network constitutes acceptance of these
Terms and Conditions. These Terms and Conditions may be modified
by Data Link at any time. Continued use of Data Link's
network following such modifications constitutes acceptance of these
Terms and Conditions, as modified.
- These Terms and Conditions shall be deemed to have been made in Suffolk County,
New York, and shall be construed in accordance with the laws of the
State of New York. All actions or proceedings relating, directly or
indirectly, to these Terms and Conditions shall be litigated only in
courts located within the County of Suffolk, New York.
Please visit the Contact page to inform us of any violations

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