Dial-up Access Service Agreement

Please read this agreement carefully. Upon subscribing to LocalNet, you (Subscriber) agree to be bound by the terms of this agreement and LocalNet's Acceptable Use Policy.

This agreement supercedes all previous Service Agreements and Acceptable Use Policies that may have been published in any current or previous software distributions or on this site. LocalNet reserves the right to modify this Service Agreement at any time. Notice of modifications to this Service Agreement may be given to subscribers by posting such changes on this page, by e-mail or by conventional mail.

Service

LocalNet provides Internet access, web hosting or other Internet connectivity services. LocalNet provides access speeds up to 56K - individual connect speeds may vary due to your modem's capacity, phone line clarity, or local telephone company switching conditions and equipment.

Telephone Calling Area

It is your responsibility to contact your local telephone company to determine if use of a particular LocalNet dialup number will cause you to incur long distance toll charges. LocalNet is not responsible for paying any long distance or toll charges incurred by you through your use, or attempted use of your LocalNet account.

Registration Requirements

  • You must be at least 18 years old to register for any Service.
  • Minors who access this Service are assumed to have parental or guardian consent before accessing this Service.
  • You agree to provide us with accurate and complete billing information. This information must include your name, address, and telephone number. Please report any changes to this information as soon as possible.
  • You agree that you will be responsible for all charges posted to your account until you cancel the account by one of the specified methods as described below.

Billing

  • All accounts and services renew automatically based on your chosen billing cycle (i.e. monthly, quarterly, yearly).
  • There is a $12.00 set up fee applied on all new dialup access accounts.
  • Effective July 20th 2010: Email Only Accounts cost $12.95 per year.
  • Posted July 8th 2011 - NEW Effective August 15th 2011: Telephone Technical Support is $2 per month.
  • Accounts and services are considered 'delinquent' if there is an unpaid balance at the beginning of a new billing cycle. Delinquent accounts are subject to service deactivation. Access to delinquent or deactivated accounts is allowed upon payment of any past due balance.
  • The following service charges may apply:
    • Credit/Debit card - declined electronic charge - $3 per occurrence
    • Checking/Savings account - declined electronic charge - $12 per occurrence
    • Returned Check - insufficient funds - $25 per check
    • Reactivation Fee - $12 per account
    • Administrative Fee - change username on existing account - $ 12 per account
    • Invoicing - $3 per invoice mailed
  • For invoiced accounts a late fee of 1.5% of the past-due balance may be assessed on your account if payment is not received by the due date.
  • If you believe you may have been billed in error please contact Customer Service within 30 days of the invoice or transaction date. Email customercare@localnet.com or call 1-888-488-7265.
  • Customer is responsible for all taxes as may be required by law.
  • Customer is responsible for all attorney and/or collection fees arising from efforts to collect an unpaid balance on a delinquent account.
  • Providing your billing information serves as your electronic signature. Electronic signatures are legally binding.
  • LocalNet reserves the right to change prices and/or institute new fees. Price changes will be announced at www.localnet.com, or via email, or via US Postal System mail, at least 30 days before such changes are to take effect.

Account Hold

LocalNet may place your account on hold at your request. During this time you will not have access to the Internet, e-mail, or other services associated with this account. Please note all holds will automatically reactivate and billing will resume after six months or at an earlier date as requested by the account holder.

Cancellations

  • To cancel your subscription, please send your request via U.S. mail to: LocalNet, 8205 Main St., Suite 9, Williamsville, NY 14221. You may also fax your request to 1-800-220-0749 or email us at cancel@localnet.com. Please note your email cancellation must be sent from the LocalNet account you wish to close. All cancellation requests must include your full name, username, and the reason you are cancelling.
  • Notice of cancellation must be received at least 5 days prior to the start of your account's renewal date. If you do not know when your account renews you may view this information by logging into the Account Manager. Once we have received notice of your intent to cancel, we will confirm the request via U.S. mail.
  • Cancelled accounts are deactivated at the end of their current month's service.
  • Please note that not paying for your service or no longer using your service is not a sufficient means of communicating your intent to cancel service. Doing so will not absolve you from your current payment obligation and you will remain liable for all amounts owed including possible service charges and/or late fees.

Refund Policy

  • All refunds are made in full month increments only.
  • Refunds on specially priced offers, including those requiring a minimum service duration, which are cancelled prior to their commitment date will be refunded on a pro-rated basis at the regular service rate. The special rate of $99 requires twelve (12) months of dialup service. Customers who choose to cancel their service before completing these twelve months will be refunded on a pro-rated basis using LocalNet's presiding monthly rate, currently $9.95 per month. Early termination of the $99 Specials with the $12 setup fee waived will result in this fee being deducted from any refund due at cancellation. The $99 rate is not valid with other offers. For example, in the case where a customer cancels after only six months of service, the customer will receive a refund of $39.30 ($99 less 6 mos @ $9.95/mo).
  • All equipment refunds require the original packaging and materials. Returns must be received within 30 days of receiving the equipment. Damaged or incomplete packages may be denied refunds. LocalNet is not responsible for return postage fees. Please include your username and contact information with the equipment return.
  • All setup and activation fees are non-refundable. A minimum payment of one month will be assessed on all new accounts.

Notices

LocalNet may periodically send notices to its customers by means of email or the U.S. Postal Service. These notices may include information about new products and services, account updates, billing issues, or special promotions. To receive these notices, please be sure to keep your account information current.

Use of the Service

  • You and any members of your business, organization or household are the only individuals who are authorized to access the Service through your account.
  • You must ensure that all authorized users of your account comply with all of the terms and conditions of this Agreement and LocalNet's Acceptable Use Policy.
  • You are responsible for maintaining the confidentiality of any and all passwords used by you or members of your household to access the Service.
  • You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service.
  • You must notify us within 24 hours of discovering any unauthorized use of your account.
  • You agree LocalNet may employ any measures it deems appropriate, in an effort to prevent or minimize the amount of "junk" email (spam) delivered to my account, and/or to prevent or minimize its effects on LocalNet servers and resources.
  • You agree not to use the Service or permit others to use the Service through your account in any way which violates any international, federal, state, or local law or regulation; subjects LocalNet to liability; or is not in compliance with LocalNet's Acceptable Use Policy.
  • LocalNet does not permit users to use devices or computer programs to keep their connections active, when they would otherwise be idle for long periods of time. Additionally, users may not set their computers to connect to LocalNet at set intervals (i.e. setting a computer to dial into LocalNet every 10 minutes).

Refer-A-Friend Program

A free month of service is issued to a customer's account after the referred account has been active for 60 days. Credits are only available to accounts in good standing. This program applies to dialup service. A valid LocalNet username must be provided at signup for a referral to be applied. Signups that include a promotional code or are referred though a reseller are not eligible for referral credit. Free service is not exchangeable, transmissible, or refundable. All credit will be applied to the end of the current paid period.

Limitation of Liability

IN NO EVENT SHALL LOCALNET CORP. BE LIABLE TO CUSTOMER FOR ANY DAMAGES OR LOSS RESULTING FROM ANY FAILURE, DELAY, SERVICE INTERRUPTION OR TELEPHONE CHARGES WHILE PROVIDING ACCESS TO THE INTERNET UNDER THE TERMS OF THIS AGREEMENT. IN NO EVENT SHALL LOCALNET CORP. BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE DELIVERY OF INTERNET ACCESS SERVICES. ANY CLAIM SHALL BE BROUGHT WITHIN 3 MONTHS OR SAID CLAIM SHALL BE DEEMED TO BE WAIVED. CUSTOMER AGREES THAT LOCALNET RESIDES IN THE AMHERST, NY, JURISDICTION, AND ANY CLAIM MUST BE MADE IN AMHERST, NY. CUSTOMER AGREES THAT IN NO EVENT SHALL LOCALNET'S LIABILITY EXCEED THE TOTAL AMOUNT CUSTOMER PAID TO LOCALNET FOR THE SPECIFIC BILLING CYCLE DURING WHICH ANY ALLEGED DAMAGES OR LOSS MAY HAVE OCCURRED.

LocalNet Acceptable Use Policy

LocalNet's goal is to provide premium Internet access for an enjoyable Internet experience for our subscribers. This Acceptable Use Policy (AUP) was written to keep LocalNet and the Internet useful for all our subscribers. Violation of this Policy may result in suspension or cancellation of LocalNet services.

LocalNet does not monitor or exercise editorial control over the content of any free personal web site, commercial web site, email, mailing list, newsgroup or other information accessible from the Internet through LocalNet. LocalNet does, however, reserve the right to cancel any account or remove any material LocalNet becomes aware of that is, in LocalNet's sole discretion, potentially illegal, could subject LocalNet to liability, or violate this Policy.

Policies

LocalNet provides dialup Internet access on a 'flat rate' basis. Subscribers (users) agree to use dial-up accounts solely on an "active" or "as needed" basis and at no time on a standby or inactive basis in order to maintain a connection. In consideration of other users, we ask that you disconnect your LocalNet service when not personally using your account. In addition, the following items are specifically prohibited:

  • The LocalNet network may not be used by subscribers in any fashion for the transmission or dissemination of images containing child pornography.
  • Report incidents to:     abuse-cp@localnet.com
    or:     customercare@localnet.com
       abuse@localnet.com
  • Use of software or any device that would allow your account to stay logged on while you are not actively using LocalNet services or using the account to operate a server of any type.
  • LocalNet does not permit users to be logged on to our service using multiple simultaneous connections.
  • Free 'personal web sites' may not contain any advertising or commercial material of any kind or material of an 'adult' nature.
  • Using LocalNet's services for illegal or disruptive purposes, or in support of illegal or disruptive activities. LocalNet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal or disruptive include, but are not limited to:
  • Unauthorized copying or distribution of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
  • Exporting software or technical information in violation of U.S. export control laws.
  • Posting or emailing 'make-money-fast' or 'pyramid/chain' letters.
  • Sending Unsolicited Commercial E-Mail (UCE) or Unsolicited Bulk E-Mail (UBE).
  • Threatening bodily harm or property damage to individuals or groups.
  • Making fraudulent offers of products, items, or services originating from your account.
  • Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems ('hacking') whether or not the intrusion results in corruption or loss of data.
  • Performing 'Portscans' on our or other systems.
  • Harassing others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 10Mbytes of data to a newsgroup.
  • Revealing your account password to others or allowing use of your account by others (other than authorized users in your household). At no time can there be simultaneous use of the same user name and password combination.
  • Forging any message, in part or whole, originating or passing through LocalNet services.
  • Distributing viruses to or from LocalNet systems.
  • Public defamation, harassment, or slander of individuals.
  • Posting articles to any news group, mailing list or similar forum which are off-topic according to the charter or other public statement of the forum.
  • Disrupting any newsgroup with frivolous, excessively vulgar, repetitious, or excessively large postings.
  • Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which may disrupt net newsgroups or email use by others.

Limitation of Liability

LOCALNET HAS NO PRACTICAL ABILITY TO RESTRICT ALL CONDUCT, COMMUNICATIONS OR CONTENT WHICH MIGHT VIOLATE THIS POLICY PRIOR TO TRANSMISSION NOR CAN LOCALNET ENSURE PROMPT REMOVAL OF SUCH COMMUNICATIONS OR CONTENT AFTER TRANSMISSION OR POSTING. ACCORDINGLY, LOCALNET DOES NOT ASSUME LIABILITY TO SUBSCRIBERS OR OTHERS FOR ANY FAILURE TO ENFORCE THE TERMS OF THIS POLICY.

Revisions

LocalNet reserves the right to modify this Policy at any time. Notice of modifications to this Policy may be given to subscribers by posting such changes on this page, by email or by conventional mail.

LocalNet Privacy Statement

LocalNet respects the privacy of its customers. We do not sell, trade, or disclose to third parties any customer information derived from the registration for or use of any LocalNet service, except when required for the purpose of billing a customer's account. Information collected during the registration process is used solely to manage each customer's account (such as for billing and contact purposes).

LocalNet does not monitor email, world wide web use, newsgroup access or any other aspect of your Internet use.

Some LocalNet services may use "cookies" to allow our customers the benefit of customizing their Internet experience or to enable use of certain online customer account management features.

We reserve the right to revise, or modify this privacy policy, as well as any other policies and agreements. Notice of any revision, amendment, or modification will be posted in accordance with LocalNet's Service Agreement.

ICANN Registrant Rights and Responsibilities