SpeedLink DSL Terms and Conditions:

1. Thanks for choosing USOL.com  SpeedLink High Speed Internet Service ("Service"). Please read the following terms and conditions ("T&Cs") of your membership before you access the Service. We want the T&Cs to meet your needs and the needs of our other Members and we expect that these T&Cs will evolve over time. We will post the T&Cs, including any changes, in the "info" section of the Service, and we ask that you periodically review them. Your initial and/or continued use of the Service will constitute acceptance of the T&Cs and/or any changes to the T&Cs.
    

2. The provider of the Service is USOL.com (Avalon Systems, Inc., G-3255 Beecher Road, Flint MI 48532. We are granting you a non-assignable, non-exclusive license to use USOL.com's Service, software and documentation, updates, enhancements and modifications, if any, (collectively, "the Service"). 
    

3. You agree to pay charges for the Service when due, including all installation fees, monthly fees, additional hourly fees, optional charges and taxes incurred by you on your account. You authorize us to charge any amounts due by you pursuant to the terms of the billing option provided by you during the registration process automatically (i) to the credit card entered by you in the registration process. USOL.com  may change any fee or charge for the Service with 30 days notice to you. Except for equipment and services provided by USOL.com in connection with the Service, you must provide at your own cost all telephone services, computer, software, modem and other equipment and services necessary to access the Service.
    

4. With certain types of installation, USOL.com will schedule one or more installation visits with you. If installation visits are required, you must be present during installation. USOL.com will supply and may install an xDSL modem and a network interface card, or a combination device, both or either of which are your property after installation, payment of all charges, completion of the minimum term (if applicable) and/or payment of any Early Termination Cancellation Charge (if applicable). USOL.com will provide a warranty for the modem, network interface card or combination device for six months after installation; after that warranty period, you are responsible for all repairs to the modem, network interface card or combination device. During the warranty period, USOL.com will either replace or repair the modem, network interface card or combination device as appropriate. For warranty assistance during the warranty period, contact Customer Service at 1-888-770-8765.
    

5. The Service is an Internet access service for personal use. You agree not to resell or redistribute access to the Service in any manner. The prohibition on resale or redistribution includes, but is not limited to, the provision of email, FTP and Telnet access. We reserve the right to terminate your use of the Service for failure to comply with any portion of this provision. We will provide you with an IP connection as a component of the single user electronic mail account. You agree not to alter, modify or tamper with the IP connection or that of any customer on the Service. We will terminate the IP connection upon termination of the Service.
    

6. The Internet is not owned, operated by or in any way affiliated with USOL.com, or any USOL.com affiliate. Your use of the Internet is solely at your own risk. You understand that, except for certain content, products or services posted on the USOL.com site, neither USOL.com, nor any of its affiliates controls, provides, operates or is responsible for any information, goods or services available on the Internet. All such information, goods and services are made available by independent third parties. USOL.com  neither endorses nor is responsible for the accuracy or reliability of information, goods or services. Neither USOL.com  nor any USOL.com affiliate, vendor or supplier shall be responsible or liable for any loss or damage caused by or alleged to have been caused by your use or reliance on any information, goods or services available on or through the Internet.
    

7. Except in cases of gross negligence on the part of USOL.com or its agents, we assume no responsibility for any change or damage to or loss or destruction of your home computer which may result from your use of the Service or from the installation, maintenance or removal of the Service, equipment or software. In no event shall USOL.com's maximum liability for such damage, loss or destruction exceed $2,500.00. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. EXCEPT AS PROVIDED IN SECTION 4, USOL.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICE, MODEM, NETWORK INTERFACE CARD, SOFTWARE OR ANY INTERNET SERVICE. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USOL.com AND ITS VENDORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE. USOL.com AND ITS VENDORS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL USOL.com, OR ITS VENDORS OR SUPPLIERS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, USOL.com's, and its vendors' and suppliers', liability is limited to the greatest extent permitted by law.
    

8. You are solely responsible for your use of the Service and all activity on your account, including activity of Member ID(s) listed under your account. If you violate these T&Cs and/or activity occurs on your account that damages USOL.com, you agree to indemnify and compensate USOL.com and its employees, affiliates and suppliers against any such loss, damage and expense, including reasonable attorneys fees, that is incurred by such entities or people as a result of your violation of these T&Cs or activity on your account.
    

9. Your use of the Service will begin when the installation is complete and the first connection to USOL.com is made. SpeedLink Service is based  on a  with a minimum 1-Year Term.  If you cancel your service prior to the completion of any 1-Year Term, we will assess you an Early Termination Cancellation Charge of $200. We may terminate your use of the Service for non- payment of Services or violation of these T&Cs or the T&Cs of any other service or network of the Internet. On termination, you agree to  discontinue use of the Service. We will delete your member account, including Web pages you may have created and all email messages stored on USOL.com servers. USOL.com makes no guarantee that your computer will function as it did prior to installation of the Service. The provisions of these T&Cs concerning payment, copyright, use of the Service, and indemnification will survive termination of the Service. If your account is terminated for violating these T&Cs, you may not register for the Service again without our permission, which can be obtained by writing to USOL.com, Customer Service Center, G-3255 Beecher Road STE#600, Flint MI 49532, If you re-register for the Service without our permission, you will be assessed a fee of $500.00.
    

10. The Service will be governed and construed in accordance with the laws of the State of Michigan. Any dispute under this Agreement must be brought in a state or federal court in the State of Michigan and must be commenced within one (1) year after the claim arises. USOL.com may assign this Agreement to another party.
     

11. We will deliver notices to you by means of email sent to your USOL.com email address or by written communication delivered by  U.S. mail to your address. You may give notice to us by sending an email to Customer Service or by letter delivered by first class U.S. mail to the following address: USOL.com, Customer Service, G-3255 Beecher Road STE#600, Flint, MI 48532. If you have questions about the Service, you may contact our Customer Service at 1-888-770-8765.
     

12. By accessing the Service, Members, persons who open accounts and Users (persons who access an account using a Member ID and password provided by persons who open an account or Members), agree to comply with the following policies. Upon violation of a policy, we may do one or more of the following: (i) ask you to conform to the applicable policy; (ii) terminate your use of the Service; and/or (iii) in the case of sending unsolicited commercial email messages or posting unsolicited commercial newsgroup articles, assess to your account a $1,000 service maintenance fee. Our policies are: 

    (i) you must be an individual of at least 18 years of age, or a business or governmental entity to open an account (federal governmental entities also have the additional restrictions specified in governmental regulations); 

    (ii) you may have more than one Member ID, but the Member, the person opening the account, is responsible for any activity that occurs on any of their Member ID(s); 

(iii) you agree to notify USOL.com if you change the telephone number or credit card number to which we are billing USOL.com charges; 

(iv) you may not register for the Service using false registration information and, if you do, you will be assessed a fee of $500.00; 

(v) we encourage you to secure your computer equipment, Member ID and password so that only authorized Users can gain access to your account; if you believe your account is no longer secure, please contact Customer Service immediately to avoid liability for future fraudulent charges to your account; 

(vii) we reserve the right to reject or change any Member ID you select, and we will give you an opportunity to select another Member ID; 

(viii) you may not post or transmit any message, data, image, program or file or publish a Web page: 

• which is libelous or defamatory;

• that would violate any law or regulation or the property rights of USOL.com or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks;

• which contains viruses, worms, "Trojan horses" or any other code that has other destructive properties; we do not guarantee or warrant that files available through your use of the Service will be free of viruses, worms, "Trojan horses" or any other code that has destructive properties; and

(ix) you also may not: 

• interfere with another Member's or authorized User's use of the Service;

• load or download pictures or information having a bandwidth that causes a degradation in the performance of the Service;

• transmit email in sufficient quantity that it causes a degradation in the performance of the Service;

• use the Service to conduct illegal activity;

• forge, falsify or remove email or newsgroup header information;

• create any communication to defeat "idle time-outs" of the Service in a manner that causes a degradation in the performance of the Service; or

• publish a Web page which directly or indirectly promotes or advertises any form of dial-up or dedicated Internet access services;

• post the same article or any number of substantially similar articles to more than five (5) Usenet or any other newsgroups, forums, email mailing lists or other similar groups or lists within a twenty-four hour period;

• post any advertising or promotion of a commercial good, service, enterprise, or activity to any Usenet or any other newsgroups except those groups that are designated for such purpose. As stated above, we will assess your account a $1,000 service maintenance fee for violation of this policy;

• post any articles to Usenet newsgroups which are off-topic according to the charter or other public statement of the newsgroup; or

• transmit charity requests via email or Usenet news postings, but you may post them on your home page; or

• send any unsolicited email messages that include the direct or indirect promotion of a commercial good, service, enterprise, or activity to more than thirty (30) email addresses within a twenty-four hour period. As stated above, USOL.com will assess your account a $1,000 service maintenance fee for violation of this policy.
   

13. You understand that the World Wide Web and the Internet contain language and pictures about topics you might find obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable or may not be suitable for minors. The Third Party Software that you may download has a "parental control" program which may help you in controlling access to this material. While the software should help you in restricting access to potentially offensive or inappropriate material, USOL.com does not guarantee that this software will be effective in controlling access to this material.