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.
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.netís 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.netís 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: email@example.com