The
following specifies the terms under which LinkSpot provides its Wireless
Internet Access service.
- During the period of time for which you subscribe to LinkSpot's service,
such service is provided at one or more LinkSpot locations.
- If you are using LinkSpot's service on a month-to-month basis you
authorize LinkSpot to bill your credit card a monthly charge at the
beginning of each billing cycle. To discontinue service, you must notify
LinkSpot that you wish to discontinue service, at which time partial
credit may, at LinkSpot's option, be given for any days remaining in
the month and billing for that month changed to the most economical
rate for the actual time used. You are also responsible for notifying
LinkSpot if your credit card expires.
- LinkSpot is not responsible for content available on the Internet,
although we reserve the right to block access to any Internet area containing
illegal or other harmful content or otherwise being used for purposes
that are unlawful.
- You may not use the service to send unsolicited bulk or junk e-mail
or to use the service to provide an Internet connection for a web server.
- While the service is provided on an "unlimited use basis",
LinkSpot reserves the right to limit your available bandwidth. You understand
that LinkSpot provides a shared service, and that other users are sharing
a fixed set of resources.
- Either you or LinkSpot may terminate or cancel your service at any
time. You understand and agree that the cancellation of your account
is your sole right and remedy with respect to any dispute with LinkSpot.
This includes, but is not limited to, any dispute related to, or arising
out of: (1) any term of this Agreement or LinkSpot's enforcement or
application of this Agreement; (2) any policy or practice of LinkSpot
(3) the content available through the Internet; (4) your ability to
access and/or use LinkSpot; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees, applicable
taxes, surcharges or billing methods.
- YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, AND THE INTERNET
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND
"AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION. LINKSPOT PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE
BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE
THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE SERVICE
WILL HAVE ADEQUATE PERFORMANCE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC
AREA. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH LINKSPOT
IS THE CANCELLATION OF YOUR ACCOUNT. IN NO CASE SHALL LINKSPOT OR THE
HOSTING LOCATION BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR
USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, LINKSPOT'S LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW. LINKSPOT DOES NOT ENDORSE,
WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE
AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
- This TERMS OF USE may be modified from time to time and becomes effective
when posted to LinkSpot's web site.
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