Use of lovedialup.com Service constitutes acceptance and agreement to lovedialup.com's
AUP & TOS (Terms of Service) stated below.
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
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
lovedialup.com will be the sole arbiter as to what constitutes a violation
of this provision.
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:
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
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
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
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
- 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
- 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
- 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
- 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
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.
REPORTING VIOLATIONS OF lovedialup.com AUP
- 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.
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:
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:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset
- Evidence of the alleged violation
REVISIONS TO THIS ACCEPTABLE USE POLICY
- 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
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
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 FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED
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.
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.
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
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
Message subject not related to the email body.
Email not requested by the recipient.
emails sent in bulk by sender.
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
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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
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.