These
Terms Of Service And Acceptable Use Policies ("Terms and Policies")
are an essential part of your relationship with Brookwood Ventures, LLC.
Throughout this document "Lucketts.net" is synonymous with
"Brookwood Ventures, LLC". By using your Lucketts.net account,
you agree to all of the Terms and Policies set out in this document.
1.
General Terms and Policies. Brookwood Ventures, LLC is a Limited
Liability company providing a commercial gateway to the Internet through their
product known as Lucketts.net. Lucketts.net's equipment and facilities
may be used to send electronic mail, conduct commercial transactions, access
the World Wide Web, newsgroups and private networks, engage in on-line chat
sessions, transfer files, enjoy audio and video programming, and otherwise
participate in all legal aspects of the Internet (these uses are referred to in
this document as "the Service"), subject to these Terms and Policies.
The
Service is provided to authorized persons or organizations (referred to in this
document as "Subscriber" or "you"). Any use of the
service is subject to any restrictions listed below. By using the
Service, you agree to be bound by all of these Terms and Policies. If you
do not agree to be bound by these Terms and Policies, you must cancel your
account immediately and may not thereafter use or attempt to use the Service.
Lucketts.net grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Lucketts.net.
Lucketts.net is a best-effort service. We will attempt to provide a consistently high quality connection to the internet at or above your subscription bandwidth. At times, this connection may be impacted by weather, natural catastrophe, equipment failure, rf interference, online activities of other customers, failure of commercial providers, or software error. We will not guarantee any specific bandwidth delivery level. We will consider issuing credit for down time on a case by case basis.
2.
Coverage. If you are an individual Subscriber, these Terms and Policies
apply to all persons who gain access through your account. If you are a
commercial Subscriber, these Terms and Policies apply to all your employees,
agents and/or customers. In either instance, a violation of these Terms
and Policies by anyone using your account will be treated as a violation by
you.
If
you fail to pay for your account by the due date of the invoice,
Lucketts.net may without further notice terminate your account. Termination
does not remove your responsibility to pay all fees incurred up to the date
that Lucketts.net terminates your account. If Lucketts.net incurs any fees or
costs in collecting any past-due amounts, including costs of attorneys or a
collection bureau, those fees and costs will be added to the amount you owe.
Should you wish to resume service after termination of your account, you may need to initiate a new account.
3. Lucketts.net is a Service provided to you on a month-to-month basis, paid in advance. Lucketts.net must receive written or emailed notice of termination (which may be by first-class mail or by e-mail) from you at least 7 days prior to end of your monthly billing period, or the Service will be provided and charged to you for the following month. Termination at any point during a billing period does not entitle you to a refund of any payment already made to Lucketts.net for that billing period.
4.
Grounds for Suspension and Termination. You agree to comply with these
Terms and Policies, as well as the applicable rules, regulations and policies
of any network, bulletin board, newsgroup, web site or Internet Service
Provider accessed through the Service. Any violation of either these
Terms and Policies or the other rules, regulations or policies noted above may
serve as cause for Lucketts.net to suspend or terminate your account. You
agree that Lucketts.net has the right, with or without notice, to suspend or
terminate your account upon the first or subsequent occurrence of any of the
following:
a.
Using the Service in a way which constitutes violation of any applicable
statute, law, court order, tariff, regulation, or treaty (including, but not
limited to, intellectual property, communications, privacy, criminal and
international law);
b.
Using the Service in a manner intended to abuse or violate the privacy or
property rights of others, including but not limited to sending of unsolicited
bulk e-mail ("spamming"); this ground for suspension or termination
is separate from and in addition to the fees which will result from such
activity;
c.
Using the Service in an attempt to break security, or so as to actually break
security of any computer network (including the Service itself), or to access
an account, message, or file which does not belong to you;
d.
Using the Service in such a way as to forge or mis-represent headers,
addresses, or other identification in electronic mail or USENET postings, or
using any other method to disguise the sender's identity or location;
e.
Excessively using the Service in such a way as to limit the bandwidth available
to others. This includes, but is not limited to the following: continuous
high bit-rate streaming media; high-volume game servers; site mirroring;
extreme commercial or business use; P2P file sharing programs with high upload
rates; or any persistent, high bandwidth internet connection.
f.
Posting commercial messages to a USENET group where the posting is not approved
by the specific USENET group in its charter;
g.
Using the Service to operate server programs, including, but not limited to
mail servers, IRC servers, game servers, ftp servers, Web servers, Peer-to-peer file sharing programs, or streaming
audio/video servers, without prior approval.
h.
Using the Service to promote or solicit competing Internet services;
i.
Using the Service for unauthorized relays through any third party systems;
j.
Attempting, in any way, to interfere with or deny service to any user or any
host on the Internet;
k.
Using the Service for mail-bombing, which includes any instance where multiple
messages are sent to a specific destination with the intent to render the
recipient and/or the electronic system serving that recipient dysfunctional;
l.
Using the Service to add or attempt to add addresses to any mailing list (yours
or a third party's) without the explicit positive consent of the addressee(s);
m.
Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET
posts other than your own;
n.
Engaging in harassment, whether through language, frequency, or size of
messages;
o.
Using the Service to engage in syn flood attacks, which are defined as
overburdening a recipient computer system by sending a high volume of spurious
data which effective impedes or totally disables functionality of the recipient
system(s), or any other methods of denial-of-service (DoS) attacks;
p.
Furnishing false data on your sign-up form, contract, or online application,
including providing fraudulent credit card or other payment information;
q.
Showing suspected signs of system compromise, misconfiguration, or similar
unusual activity, as deemed or determined by Lucketts.net personnel, that may
disrupt or have the potential to disrupt the Service for Lucketts.net and / or
its customers (eg. replicating or reproducing Internet worm traffic, email viruses,
distributed DoS attacks, mis-configured routers, etc.).
r. Providing a mechanism, either intentionally or unintentionally, that allows unauthorized users to access the Service, or similarly attempting to bypass the restrictions of these Terms and Policies.
s. Failure to pay for service by due date shown on invoice.
No
bill credit will be given for a period of suspension. In the event of
termination of your use of the Service under this section, Lucketts.net may at
its sole discretion retain any or all amounts you have paid for use of the
Service as liquidated damages for your actions. Any Lucketts.net equipment installed at customer premises must be returned immediately after account termination. The customer agrees that Lucketts.net or its agents may take all reasonable actions necessary to recover Lucketts.net equipment located at the customers site without prior notice or legal process. Customer shall be responsible for damage to equipment and any costs associated with return of equipment.
5.
Security. You agree not to access or attempt to access private areas of
the Service. You agree to notify Lucketts.net as soon as you become aware
of an unauthorized use of your account and/or any breach or attempted breach of
security on the Service.
6.
Liability. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK.
Except for information, products, or services clearly identified as being
supplied by Lucketts.net, neither Lucketts.net nor any of its affiliates controls,
provides, operates, or is in any way responsible for any information, products,
or services accessible through the Service. Lucketts.net neither endorses
nor is responsible for the accuracy of third-party material(s), and you agree
that Lucketts.net is not responsible for any loss or damage caused by your use
of, or reliance on, such material(s). You agree to indemnify and hold
harmless Lucketts.net and its officers, directors, employees, and other
customers and subscribers from any claims, losses, costs, liability, damages or
expenses arising out of the use of the Service.
You
understand and agree that you have sole responsibility for your posting of any
information or material to any site or newsgroup on the Internet, including but
not limited to postings to Web sites, whether residing on Lucketts.net’s
equipment or not, postings to newsgroups, and participation in any on-line chat
sessions. You agree to indemnify and hold harmless Lucketts.net and its
officers, directors, employees, and other customers and subscribers from and
against any claims, losses, costs, liability, damages or expenses arising out
of your postings.
You
agree that, should you use the Service to send or receive voice communications,
Lucketts.net is not acting as a telecommunications carrier or telephone
company, that there is no representation made by Lucketts.net as to the
suitability of the Service for such use, and that all risk of connection,
transmission quality, and accuracy of communications is solely yours, and that Lucketts.net
has no liability of any sort for the failure or lack of quality of such use of
the Service.
You
agree to be liable for any damages or loss of service which results in damages
to Lucketts.net as a result of any spamming or other violations of Section 5
above. These damages include, but are not limited to, system shut downs,
retaliatory attacks or data flooding, and loss of peering arrangements.
You agree that Lucketts.net may pursue any such claims against you in court in
Loudoun County, Virginia.
7.
You agree that in no event will Lucketts.net have any financial liability to
you.
8.
Warranty. LUCKETTS.NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR
OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE
TOLD LUCKETTS.NET ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE
OR INFORMATION GIVEN BY LUCKETTS.NET OR ITS EMPLOYEES SHALL CREATE A WARRANTY
OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE
SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY LUCKETTS.NET ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS; LUCKETTS.NET DOES NOT WARRANT THAT THEY
WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE
CORRECTED. LUCKETTS.NET DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY
OF YOUR DATA WHICH MAY BE STORED ON OR TRANSMITTED VIA THE SERVICE, NOR DOES
LUCKETTS.NET GUARANTEE THE SAFETY OR SECURITY OF YOUR COMPUTER, ITS DATA, OR
ITS CONNECTIONS TO LUCKETTS.NET OR ANY OTHER NETWORK.
9.
Content. You understand and agree that information and access available
through the Service may include controversial, sexually explicit, or other
material that may be offensive to you or users for whom you are
responsible. Lucketts.net has no responsibility for or control over such
materials, and you take sole responsibility for using any available screening
software or other methods of limiting access (specifically including the access
of minors) to any material you may find objectionable.
10.
Privacy. Lucketts.net commits to follow the controlling Federal and
state laws respecting Subscriber privacy and data access. Lucketts.net
will not provide names, addresses, telephone numbers, e-mail addresses, or
other personally identifiable information on any Subscriber to any third party
without prior permission from that Subscriber, or as required under an
appropriate court or administrative directive, including a facially valid
subpoena, or as necessary to render the Service. Lucketts.net may provide
aggregate data on Subscribers to third parties in the operation of
Lucketts.net’s business.
You
agree that Lucketts.net has the right to monitor or log your use of the Service
solely as a means of protecting its investments, customers, the Service, and /
or to assist law enforcement agencies--without your prior approval, knowledge,
or consent.
11.
Disputes. You agree that any dispute between you and Lucketts.net arising
out of your use of the Service in any way based upon your subscription to
and/or use of the Service which cannot be resolved between you and Lucketts.net
will be submitted by the aggrieved party for binding arbitration under the
auspices of the American Arbitration Association. Any demand for
arbitration under this Section must be filed with the American Arbitration
Association's office in Loudoun County, Virginia. The arbitration must be
held in Loudoun County, Virginia, and the arbitrator must be a person with
experience in online services operation.
12.
Governing Law. These Terms and Policies are governed in all respects
under the laws of the State of Virginia.
13.
Amendments. These Terms and Policies may be amended in any respect at any
time by Lucketts.net upon the posting of the amended Terms and Policies
on the "Terms and Policies" section of the Service. Your
continued use of the Service will be deemed consent to any such amended Terms
and Policies. If you do not wish to continue to use the Service as a
result of any such amended Terms and Policies, you may provide notice of your
wish to terminate your use of the Service to:
Brookwood Ventures, LLC (Lucketts.net)
42722 Lucketts Rd
Leesburg, VA 20176 Email: steve@lucketts.net