The Goal of Netlinx Internet is to provide the best possible internet experience to all its customers. Netlinx has adopted this policy in the futherance of that goal.
All Netlinx Internet customers and all others who use the service (the "user", "users", "customer", "customers" "you" or "your") must comply with this Policy. Your failure to comply with the terms outlined in this Policy may result in the suspension or cancellation of the Service Agreement. If you do not agree with the terms of this Policy, immediately stop the use of any and all Netlinx services and notify Netlinx so that it can close your account. Use of any Netlinx services constitutes an agreement to abide by the Policy.
The customer agrees that:
- the Customer shall use the service for Internet access for computers located within the installed premise of service only. Wireless networks are only allowed if set up by an Netlinx technician to provide the necessary security to its network. Customer shall not lease or sublease or provide Internet access to others through the use of the service or otherwise without the express consent of Netlinx Internet.
- THE USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER NETLINX NOR ANY LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES NETLINX, THEIR AGENTS, EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED HEREUNDER. NETLINX, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION, Netlinx SHALL NOT BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH A WIRELESS MODEM AND ASSOCIATED EQUIPMENT IS INSTALLED. IT IS CUSTOMERS RESPONSIBILITY TO BACK UP ANY AND ALL DATA, AND SOFTWARE PRIOR TO THE INSTALLATION OF THE WIRELESS MODEM AND ASSOCIATED EQUIPMENT.
- the Customer may be subject to additional charges, at Netlinx sole discretion, including, but not limited to bad check charges, non-pay reconnect fees, and early disconnect fees.
- Netlinx shall not be liable to Customer for any damages arising from any event that is out of the control of Netlinx. Neither shall Netlinx be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of Netlinx or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Netlinx has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by Customer for the then current month.
- the bandwidth provided by Netlinx is a shared service. Any quoted bandwidth rating/transfer rate for High Speed Internet Service is a maximum rate and not guaranteed based upon the shared service. Netlinx reserves the right to manage its Networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and Customer’s equipment limitations, the maximum speeds may be available but only on a burst basis.
- The acceptable use policy is outlined at www.netlinx.net/policies/aup.html All customers must read and agree to the terms set forth in the Acceptable Use Policy as well as this Policy
- the customer is 18 years of age or older.
- the Customer indemnifies and will hold harmless Netlinx Internet and its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.
- breach of this Agreement by Customer may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.
- the Customer is solely responsible for limiting access to objectionable materials that may be on the Internet. Netlinx takes no responsibility or liability for unauthorized viewing of said materials by minors or any other persons.
- This agreement is and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and performed in Pennsylvania. Any cause of action of a Customer or its designated user with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
- any Netlinx Internet Service purchased by a non-commercial entity is provided to the Customer for their private non-commercial use.