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July 15, 2019 2:53 pm  
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  Acceptable Use Policy
Lovedialup.com'sAcceptable Use Policy ("AUP") is provided to give our customers & users a clear understanding of what lovedialup.com expects of them while using our services. All users of lovedialup.com's Internet services: those who access some of our Services but do not have direct accounts with us, as well as those who pay a service fee to subscribe to our Services, must comply with this AUP & TOS (Terms of Service).

Use of lovedialup.com Service constitutes acceptance and agreement to lovedialup.com's AUP & TOS (Terms of Service) stated below.

Network Performance
lovedialup.com domain hosted accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in immediate termination of your account without warning.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of lovedialup.com systems or networks. lovedialup.com reserves the right to terminate or limit such activities.

Disk Space & Bandwidth Allocation
lovedialup.com allots server space for your domain hosted account.  We add server space continually as it's used and have 5,000MB to 15,000MB free on our servers, as the server space is used by the domain accounts on the servers we have the ability to add more server space and remove older log files to free space on our servers.

Lovedialup.com allots x# GIGs of monthly bandwidth to your domain account.  Should you go over you allotted bandwidth you will receive an email alert and your account will be charged $5/GIG/month for each 1 GIG of bandwidth your account uses over.

SSL Support
lovedialup.com servers support SSL but you will need to acquire your own third party SSL certificate through www.thwate.com or www.verisign.com to take advantage of SSL services and upgrade to a Dedicated IP account.

Technical Support
lovedialup.com provides Technical Support.  We do not provide support for configuring scripts on your account or any other support not directly related to your hosting account (setting up your website pages, HTML, images, etc.)

Backups
It is the clients responsibility to do all back ups of their site. If, in the unfortunate event, something happens to your files, it is your responsibility to have a local copy of your files. lovedialup.com is NOT held liable in any way for any files, money, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files will be brought back successfully or not. Again, back ups are the client's responsibility. Backup/Restore is not an available option with this hosting package special. Unless it's upon special request'

IRC & Server Processing

  • We currently do not allow IRC or IRC bots to be operated on our servers.
  • We currently do not allow eggdrops to be operated on our servers.
  • We currently do not allow BNC to be operated on our servers.
Acceptable Use Policy
lovedialup.com has a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Content
All services provided by lovedialup.com may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless lovedialup.com from any claims resulting from the use of the service which damages the subscriber or any other party. All pornographic content and sex-related merchandising is prohibited on all lovedialup.com servers. This includes sites that may infer sexual content or links to adult content elsewhere. lovedialup.com will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to lovedialup.com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content:

  • Warez sites
  • Pirated software
  • Cracking programs of any kind
  • FTP Sites for large downloads
  • Spam supporting material (email lists)
  • Uploading © Copyright protected MP3/Real Audio™/Real Video™ (these files are not allowed on our servers unless you /client hold these copy rights.)

lovedialup.com will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email
Spamming, the sending of unsolicited email, or the selling of spam supporting material from a lovedialup.com servers prohibited. Using an email address or domain that is maintained on an lovedialup.com machine as reference, or as a location of such activity is STRICTLY prohibited. lovedialup.com will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of lovedialup.com is strictly prohibited.

AUP General Information
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. lovedialup.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your lovedialup.com account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of lovedialup.com's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of lovedialup.com's AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

The lovedialup.com intends to provide its customers access to everything the Internet has to offer. While lovedialup.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the lovedialup.com and the Internet and cannot be permitted under the guise of free speech. The resources of the lovedialup.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

  • We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

    You may not use your virtual site to publish material, which lovedialup.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, chat programs, video recordings, and audio recordings (MP3 files).  Excessive storage of MP3 files & Video files are not permitted as these files consume excessive resources on our servers.

    If you're not the copyright holder of the material placed on your site (unless the material is public domain) please do not place this material on your virtual site as this will result in the possible cancellation of your account. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings (MP3 files). 

    NO ADULT orientated, Streaming Media, Chat or Warez material may be stored on your virtual site.

    If a lovedialup.com account is used to violate our AUP and/or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service (we will refund any unused hosting term left on your account). Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

    As a member of our network community, you must use your Internet access responsibly.

    VIOLATIONS OF lovedialup.com ACCEPTABLE USE POLICY
    The following constitute violations of this AUP:

    • Illegal use: lovedialup.com's services may not be used for illegal purposes, or in support of illegal activities. lovedialup.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
    • Harm to minors: Use of the lovedialup.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
    • Threats: Use of the lovedialup.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. 
    • Harassment: Use of the lovedialup.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
    • Fraudulent activity: Use of lovedialup.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
    • Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infirmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
    • Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the lovedialup.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending lovedialup.com account.
    • E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending lovedialup.com account.
    • E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the lovedialup.com service is in violation of this AUP.
    • Usenet SPAMing: lovedialup.com has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
    • Unauthorized access: Use of the lovedialup.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of lovedialup.com's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending lovedialup.com account is subject to immediate termination.
    • Copyright or trademark infringement: Use of the lovedialup.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
    • Collection of personal data: Use of the lovedialup.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
    • Network disruptions and unfriendly activity: Use of the lovedialup.com service for any activity which affects the ability of other people or systems to use lovedialup.com Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. lovedialup.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
    • Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
    • Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
    • Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
    • Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using lovedialup.com services could result in suspension/cancellation of service.
    • Third Party Accountability: lovedialup.com subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy

    Security
    You are responsible for any misuse of your account, even if the inappropriate activity was committed by another user under you account, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

    • Your password provides access to your account. It is your responsibility to keep your password secure.
    • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
    • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
    • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
    • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
    • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
    • Users who violate systems or network security may incur criminal or civil liability. lovedialup.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
    REPORTING VIOLATIONS OF lovedialup.com AUP
    lovedialup.com requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at AUP Violation. If available, please provide the following information:
    • The IP address used to commit the alleged violation
    • The date and time of the alleged violation, including the time zone or offset from GMT
    • Evidence of the alleged violation
    E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. lovedialup.com may take any one or more of the following actions in response to complaints:
    • Issue written or verbal warnings
    • Suspend/Terminate the Member's account
    • Terminate the Member's account
    • Bill the Member for administrative costs and/or reactivation charges
    • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
    REVISIONS TO THIS ACCEPTABLE USE POLICY
    lovedialup.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.

    DIALUP TERMS OF SERVICE:
    Lovedialup.com. ("Lovedialup.com") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

    PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

    Warranty Disclaimer
    THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

    Lovedialup.com exercises no control whatsoever over the content of the information passing through Lovedialup.com'S system. Use of any information obtained via Lovedialup.com is at User's risk. Neither Lovedialup.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Lovedialup.com make any warranty as to the results from use of the Service.

    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Lovedialup.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Lovedialup.com NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

    Limitation of Liability
    UNDER NO CIRCUMSTANCES SHALL Lovedialup.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Lovedialup.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Lovedialup.com'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

    If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Lovedialup.com in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

    Indemnification
    Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Lovedialup.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Lovedialup.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Lovedialup.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Lovedialup.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

    Age Limit
    User represents to Lovedialup.com that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

    Sexually Explicit Materials
    User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Lovedialup.com has no control over and accepts no responsibility whatsoever for such materials. Prohibited Uses User may not:
    send unsolicated email, (known as 'spam') to anyone residing on our servers or through our servers, or when dialed into the network. The following types of email sent constitute as spam:

    Forged email To/From address other than from the actual sender or to the actual recipient.
    Message subject not related to the email body.
    Email not requested by the recipient.
    emails sent in bulk by sender.
    mail bombs.
    restrict or inhibit any other user from using and enjoying the Internet;

    post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

    post on webspace provided any sexually explicit materials or materials that may be offensive.

    post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

    post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

    upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

    upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

    send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

    allow users to run Maillist, Listserv or any form of auto-responds from User's account;

    run or activate processes while User is not logged in;

    violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

    attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

    violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

    Lovedialup.com has no obligation to monitor the Service. However, User agrees that Lovedialup.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Lovedialup.com will not intentionally monitor or disclose any private E-mail message unless required by law. Lovedialup.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Lovedialup.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Lovedialup.com following payment of a reconnection charge, to be determined by Lovedialup.com in its sole and absolute discretion.

    Messaging
    User agrees to limit their use of the Lovedialup.com service, specifically regarding the use of Lovedialup.com's electronic (email) services, to the following restrictions:

    Unauthorized Use of Relay Servers
    User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

    Fraudulent Addressing
    User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Lovedialup.com service.

    Fraudulent Content
    User agrees to be held responsible for the distribution of fraudulent materials.

    VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Lovedialup.com RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Lovedialup.com SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Lovedialup.com SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Lovedialup.com RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Lovedialup.com SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

    Limitation of Web Hosting Services
    Although Lovedialup.com advertises "Unlimited Bandwidth" in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unncessary use of Lovedialup.com services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by Lovedialup.com.

    Restricted Content
    You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

    Bandwidth Restrictions
    Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

    Limitation of Dial-Up Services
    Although Lovedialup.com advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Lovedialup.com services by any such User, which restricts overall Lovedialup.com system availability for other such Users. These limitations apply only to Dial-Up access services offered by Lovedialup.com.

    Idle Timeout
    User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Lovedialup.com service.

    Maximum Single Session
    User agrees to have an online session automatically terminated after five (5) hours of consecutive time, regardless of data transferred during such specific online session.

    Minimum Re-Connect Limit
    User understands they cannot log back onto the Lovedialup.com system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

    Multiple, Concurrent Online Sessions
    User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

    Starnet Access Restrictions
    User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of Lovedialup.com. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.

    ISDN Access Restrictions
    User agrees that for all ISDN Accounts that they will be limited to 300 channel hours of access per month. If the customer exceeds the 300 channel hour limit, there account will be temporarily disabled until the first of the next month.

    UU.net Access Restrictions
    User agrees that for all UUnet locations, that they will be limited to 150 hours of access per month. If a customer exceeds the 150 hour limit, there account will be temporarily disabled until the first of the next month.

    Qwest Access Restrictions
    User agrees that for all Qwest locations, that they will be limited to 200 hours of access per month. If a customer exceeds the 200 hour limit, there account will be temporarily disabled until the first of the next month. The timezone used for determination of hours will be EST time.

    Terms of Payment
    A credit card User agrees to allow "Your ISP" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify Lovedialup.com of any changes in credit card number or expiration date. If the card is not honored for any reason, Lovedialup.com will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. Lovedialup.com will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

    If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by Lovedialup.com in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of $10.00 will be added to charges for additional Service.

    Lovedialup.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event Lovedialup.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of Lovedialup.com'S attorneys' fees and costs in the collection of these sums.

    Lovedialup.com reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

    Right to Cancel
    Lovedialup.com reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Lovedialup.com will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.

    User must notify Lovedialup.com via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by Lovedialup.com are non-refundable.

    No Confidentiality
    Information transmitted through Lovedialup.com and through the Internet in general is not confidential. Lovedialup.com can not and shall not guarantee privacy or protection of any User. Lovedialup.com reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Lovedialup.com.

    Customer Information
    Unless required by court order, subpoena or other legal request, or upon the advice of counsel, "Your Company Name" may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies "Your Company Name" to the contrary as provided above, "Your Company Name" may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

    Non-transferable
    The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

    Purchases on the Service
    If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

    No System Backup
    Lovedialup.com does not and will not perform system backups on any User's E-mail account(s). Lovedialup.com shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Lovedialup.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

    Lovedialup.com shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Lovedialup.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

    Failure to Comply With Terms and Conditions
    Lovedialup.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Lovedialup.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If Lovedialup.com denies User access to the Service because of such a violation, User shall not have the right (1) to access through Lovedialup.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Lovedialup.com, and Lovedialup.com shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

    Miscellaneous
    User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Lovedialup.com's system for periods exceeding (5) five hours, in any single continuous session. User authorizes Lovedialup.com to enforce these restrictions by appropriate software and network measures, automated and manual.

    User agrees to notify Lovedialup.com if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Lovedialup.com.

    In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

    Lovedialup.com'S failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

    Lovedialup.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

    This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

    Lovedialup.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Lovedialup.com.

    Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Lovedialup.com as the defendant, shall be proper only in a venue determined by Lovedialup.com.

    Dialup accounts are subject to 1 month minimium purchase!

    In any action between Lovedialup.com and User to enforce any of the terms of this Agreement, Lovedialup.com shall be entitled to recover expenses, including reasonable attorney's fees.

    This Agreement constitutes the entire agreement between User and Lovedialup.com with respect to the Service.

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