LEK Usage Terms and Agreement

The Fine Print...

To make reading this document easier we have split it into three sections. Please take the time to read the entire document. This agreement and all rules set forth on this page are for customers whose primary access is via dial-up modem. A different policy & contract applies to leased lines and world wide web page clients.

The Lawyer stuff can be found here. (Legal disclaimers & Agreement)
Operating Rules
Amendments to the rules.

Official LEK Subscribe and Client Usage Agreement

LEK InterNet Services (the "Service") consists of computing, network access, information services and software, information and other content provided by LEK Internet Services, Inc. ("LEK"). In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These terms and any Operating Rules published over the Service constitute the entire and only agreement (collectively, the "Agreement") between LEK and you (including your designated users) with respect to the Service and supersede all other communication and agreements with regard to the subject matter hereof.

Upon notice published over the Service, LEK may modify this agreement, the Operating Rules or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.

Unless otherwise agreed, your right to use the Service or to designate users is not transferable and is subject to any limits established by LEK, or by your credit card company if billing is through a credit card.

You agree to indemnify LEK against liability for any and all use of your account.

You are responsible for and must provide all telephone and other equipment and services necessary to access the Service.

You shall pay, in accordance with the provisions of the Billing Option selected by you, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or your designated users at the rates in effect for the billing period in which those charges are incurred. You shall pay all applicable taxes related to use of the Service by you or your designated users. You shall be responsible for all use of the Service accessed through your or your designated users' password(s).

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER LEK NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LEK OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER LEK NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.

This agreement is, and shall be governed by and construed in accordance with the law of the State of Ohio applicable to agreements, made and performed in Ohio. Any cause of action of you or your designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

If your account is a qualified business account and approved by LEK for corporate billing, charges for the services provided under this Agreement will be accumulated and identified by login ID and will normally be invoiced prior to the month in which the service is provided. Terms of payment on all charges are net, ten (10) days. If any payment due hereunder is not made by the you within thirty (30) days after the invoice date, late charges of one and one-half percent (1 1/2%) per month shall be due and payable with respect to such payment, and LEK may, in addition, at its sole discretion and without notice to you or your designated users, (a) suspend its performance under this agreement and you or your designated users' access to and use of the Service, or (b) terminate this agreement and you or your designated users' access to and the use of the Service. For accounts not approved by LEK for corporate billing, you must provide payment by credit card or check or money order in advance of service.

Notwithstanding any acknowledgment of your purchase order by LEK, any provision or condition in any purchase order, voucher, or other memorandum of yours which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of paragraphs 7 and 9 and all obligations of and restrictions on you and your designated users shall survive any termination of this Agreement.

Operating Rules

LEK Internet Services, (the "Service") consists of computing and information services and software, information and other content provided by LEK InterNet Services, Inc. ("LEK"). In addition, third parties provide information, software, and other content (collectively, "Third Party Content") which may be accessed over the Service. These Operating Rules are provided to make on-line information usage and communications a positive and secure experience for subscribers.

Introduction

These Operating Rules are part of the terms of your Service Agreement with LEK, and you are bound by them. LEK may modify these rules at any time by publishing the modified rule(s) over the Service.

Copyrighted Material

Copyrighted material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or such authorized person(s) may up-load copyrighted material to the Service

You may download copyrighted material for your own use. Except as expressly provided by copyright law, copying, redistribution, or publication must be with the express permission of LEK and the owner(s) or such authorized person(s), if other than LEK Permission must be specified in the document, on the Service, or must be obtained directly from LEK and the owner(s) or such authorized persons(s), if other than LEK. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.

Public Domain Material

You may up-load public domain programs to the Service. You may download public domain programs for your own use or non-commercially redistribute a public domain program. You assume all risks regarding the determination of whether a program is in the public domain.

Content and Uses of the Service

You agree not to publish on or over the Service any information, software or other content which violates or infringes upon the rights of any others or which would be abusive, profane or sexually offensive to an average person, or which, without the approval of LEK, contains any advertising or any solicitation of other subscribers to use goods or services. This paragraph, however, shall not be interpreted to restrict you from utilizing LEK e-mail in the conduct of a legitimate business except that you may not, without the approval of LEK, send unsolicited advertising or promotional material.

You agree not to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law or to solicit subscribers to become subscribers of other competitive information services.

Editing and Deleting Content

LEK reserves the right in its sole discretion to edit or delete any information, software or other content appearing on the Service, regardless of whether it violates the standards for content.

Service Termination

LEK reserves the right in its sole discretion to suspend or terminate Service to any subscriber at any time.

Indemnification

You agree to indemnify and hold LEK harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of the Service Agreement, including these rules or any information, software or other content placed on the Service by you.

Account Information

Credit card accounts are automatically billed at the end of the term of service. Checks or money orders must reach on or before the Due Date printed on your Invoice.

All accounts have full access to the Internet. Shell accounts are limited to text display. All other accounts are graphically capable.

LEK reserves the right to charge a service fee on returned (bounced) checks, customers who frequently become disconnected due to non payment, or customers who quit and restart service on a constant basis.

Ammendments

New rules limitation for shell users, enacted on 6/7/96 by the technical support department states: "Any user may leave up to one single process running for 'IRC' robots ONLY after requesting specific permission from the techincal support department. This process may not be used for devious intent on any network, nor may it be used for remote access, file storage/retrieval, or to execute any command at the shell level. The administration reserves the right to kill any process left running by a user who is not logged in at the time should it be deemed the cause of a system problem."