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Customer Agreement

This document explains the Terms and Conditions for use of services provided by Mercury Network Corporation by the client/user (hereinafter known as Customer). This document supersedes all previous forms of this previously published by Mercury Network Corporation This document is maintained and published on-line on the Mercury Network Corporation home page at http://www.kerrlake.com/agreemnt.htm.

All Customers of Mercury Network Corporation are required to be familiar with this policy. This document shall be sent via U.S. Mail to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of Mercury Network Corporation Internet services in any form constitutes acceptance of this agreement and Mercury Network Corporation’s Usage Policy (http://www.kerrlake.com/usage.htm) and agree to adhere to them.

TERMS AND CONDITIONS
The Customer uses the Internet connection, and any other information obtained by using the Internet connection at the Customer's risk. The Customer shall indemnify and hold harmless Mercury Network Corporation against any and all liabilities, damages and costs, including attorneys fees, that result from any claims or actions that are asserted by any third parties that arise in any way out of the Customer's use of the Internet connection. Mercury Network Corporation makes no warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to the use or provision of the Internet connection. Customer agrees that Mercury Network Corporation’s Dial-up Internet Accounts are for intermittent personal or business use and is not meant for a dedicated full time or unattended internet connection.

Mercury Network Corporation shall not be liable for the services it offers, including but not limited to the following:
a. The compatibility of the system functions offered and the Customer's requirements.
b. No guarantee to "Customer" of uninterrupted Internet accessibility and/or connectivity ("Services").
c. The reliability of data and/or information transmitted through the local Mercury Network Corporation computers and through the Internet connection.
d. Indirect, incidental or consequential damages (including lost data, information or profits) resulting from the use, operation or inability to use the system.

It is the customer’s responsibility to contact your local telephone company to determine if use of a particular Mercury Network Corporation dialup number will cause you to incur toll charges. Mercury Network Corporation is not responsible for paying any long distance or toll charges incurred by you through your use of your Mercury Network Corporation account.

The Internet allows access to certain materials that may contain language which some may find offensive or of an "adult" nature. The Customer and the children of the Customer under 18 years of age accepts that Mercury Network Corporation has no control over the placement of such materials on the Internet and that Mercury Network Corporation claims NO LIABILITY for their contents. Parents/Guardians of children under 18 utilizing their account will be held responsible for their children actions.

Mercury Network Corporation reserves the right to immediately suspend or cancel the Customer's membership for improper use and/or conduct. At Mercury Network Corporation’s sole discretion, improper use and/or conduct includes, but is not limited to:
a. Violation of any Federal or State law.
b. Storage or transmission of information, data or material protected by copyright, trade secret, or other statute.
c. Using the network for making unauthorized entry into other computer networks, facilities or communication devices.
d. Attempting to raise traffic levels for malevolent purposes (e.g., mail bombing, ping flooding, etc.)
e. Activity deemed as harassment of individuals on the Internet as well as Mercury Network Corporation’s local network.
f. Sending large numbers of unsolicited mail messages (i.e. "junk mail"); this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee. forwarding or posting "chain letters" (multiple forwarding) of any type.
g. Posting inappropriate messages to USENET/MajorNet newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
h. Attempting to circumvent user authentication or security of any host, network, or account on Lake Country Online systems or the Internet at large ("cracking").
i. Excessive Usage - Excessive Usage is when a single account monopolizes a channel/modem to a point to where it has no practical use as a shared resource. Mercury Network Corporation’s Usage Policy can be view online at the following web page address: http://www.kerrlake.com/usage.htm.
j. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a customer’s terminal session, via any means, locally or by the Internet.
k. The resale of Mercury Network Corporation products and services is not permitted.
l. Running a web server on a system that is dialing in to Mercury Network Corporation

Each Customer has 10 MB of Free Web Page Space. Additional web page space is available for an additional charge. Mercury Network Corporation will not host any adult oriented sites. Mercury Network Corporation is a family oriented service and feels that the internet should be safe for people of all ages. Mercury Network Corporation therefore reserves the right to refuse service based on content (i.e. unlawful, obscene, abusive, hate group or otherwise objectionable).

Your account may NOT be transferred, resold or used by anyone other than the Customer or the Customer's immediate family (living in the same household). In addition the Customer is limited to one login per system account at any one time. Account sharing is not permitted and is reason for immediate termination of account.


PAYMENT INFORMATION:
a. The Customer agrees to pay all billed amounts due Mercury Network Corporation by check, money order or debit/credit card.
b. The monthly/quarterly/annual service fee and any additional fees (i.e. late fees) from the previous billing period. This authorization will remain in force until the Customer cancels their Mercury Network Corporation Internet account in writing.
c. Lake Country Online may refund remaining balances on your account less a $5.00 refund processing fee upon notification to cancel service. Partial months are not refunded. If you pay your account quarterly or annually and cancel before the end of the billing period, months used up to the time of cancellation will be charged at the monthly rate. Please allow 4-6 weeks for processing requested refunds.
d. Failure to use this account(s) does not relieve the Customer of payment obligations, except as specifically provided in this agreement.
e. Customer shall notify Mercury Network Corporation in writing or by E-mail to billing@kerrlake.com of any changes in their account information, such as address, name change or phone number.
f. Accounts that are more than 15 days past due may be placed on hold and access will be denied until payment is made. Accounts continue to accrue charges while they are on hold. After the account has been on hold for 30 days, the service may be terminated and any outstanding balance will be immediately due and payable to Mercury Network Corporation


LIMITATION OF LIABILITY:
Mercury Network Corporation SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES NOT PROVIDED BY Mercury Network Corporation, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF Mercury Network Corporation, NOR SHALL Mercury Network Corporation BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY RELEASE Mercury Network Corporation FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. Mercury Network Corporation'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. Mercury Network Corporation SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL Mercury Network Corporation BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF Mercury Network Corporation FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. Mercury Network Corporation MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

Mercury Network Corporation has the right to modify and change at any time its services, rates and policies and will communicate such to the Customer either in writing, by e-mail or posted on-line on Mercury Network Corporation’s World Wide Web page. Accounts can be canceled at any time by either Mercury Network Corporation or the Customer with written notice. It is the responsibility of the Customer to send their cancellation notice to Mercury Network Corporation’s mailing address and to keep Mercury Network Corporation informed as to a valid mailing address to which a cancellation notice may be sent them.

This agreement shall be subject to and construed in accordance with Virginia law. Any action based in whole or in part on this agreement must be brought in an Virginia court of competent jurisdiction. If any part of this agreement is deemed to be illegal and/or against public policy, the remaining portions of this agreement will remain in full force and effect.



Posted: 10/1/98
Updated: 11/19/03

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Technical Support: support@kerrlake.com
Comments and Suggestions: webmaster@kerrlake.com
Updated: 11/19/03 11:23:26 AM
Created by: Lake Country Online Web Page Design
© Mercury Network Corporation
Mercury Network Corporation
P.O. Box 278
Boydton, VA 23917
Phone: (434) 738-6921