This agreement is between Vogel Enterprises LLC, (hereinafter referred to as "The company", we, us, or our), and the person subscribing to our Internet Access Service (hereinafter referred to as Customer, they, you or your). By use of the service, or continuing use of the service, Customer agrees to the terms and conditions set forth herein, or as amended from time to time by the Company. The full agreement (as amended) may be viewed at
http://www.vogent.net/legal/aup.html.
Customer represents and warrants that he/she is 18 years of age or older.
If any part of this Agreement is unacceptable to Customer, Customer's sole remedy is to immediately terminate any account it may currently have with Vogel Enterprises.
To contact Vogel Enterprises LLC, or if you have specific questions about this Agreement, please call us at (620) 754-3907. Alternatively, you may mail inquiries to:
Vogel Enterprises LLC
493 4850 St.
Moran, KS 66755
Restrictions on Use
Customer may use the services for lawful purposes only and all uses by Customer of the services shall comply with all local, state and federal laws as well as all rights, obligations, limitations or other interests of any third entity.
Customer is precluded from doing any of the following activities:
- Conducting or soliciting any business or activity that is prohibited by law or any business or activity that is harmful to minors in any way - this includes, but is not limited to, transmitting, hosting, or storing copyrighted material or software, without the permission of the owner of the copyrighted material or software, libelous or slanderous material, material protected as a trade secret, material determined to be threatening or obscene, and posting or transmitting anything constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- Spamming - this includes, but is not limited to, sending unsolicited mass e-mailings, using an e-mail address hosted anywhere on Vogel Enterprises Network as a mail drop for responses, and using of (and/or appearing to use) the service for sending unwanted and unsolicited electronic e-mail's, messages, newsgroup postings, or any other digital or electronic communication to one or more unsolicited recipients;
- Falsifying user information provided to Vogel Enterprises LLC.
- Running of internet servers - this includes, but is not limited to, IRC servers or bots, muds, mushes, moos, ftp, web, P2P (file sharing) and mail news;
- Hacking - breaching or attempting to breach the security of any network.
- Using packet sniffers, port scanners, or other utilities to read data or gain information not intended for the user.
- Posting or transmitting any information or software which contains a virus, worm, cancel bot or other harmful component.
- Fraud and forgery - Forging any message or part of the message header/tracking data contained in any e-mail, incorporating a false subject line, false return address or false transmission path into any e-mail sent using our service, or fraudulently representing products/services using your account; Conducting e-mail scams such as pyramid promotional schemes.
- Account Sharing or reselling. Account and connection sharing (other than among immediate family members living within the same dwelling) or otherwise allowing use of our network or reseources by unauthorized parties or entities is strictly prohibited.
- Abusing or fraudulently using the Service in any way not specifically set forth above;
- Impersonating any person or entity, including, but not limited to, a Vogel Enterprises LLC employee or falsely stating or otherwise misrepresenting your affiliation with a person or entity; and
- Facilitating, aiding, or encouraging any of the above activities.
Acceptable Use
Use of the services is subject to any existing local, state, or federal regulations and any future changes in those regulations.
Cancellation
Vogel Enterprises LLC reserves the right to terminate an account at any time, in its sole discretion, for any reason.
In the event customer desires to terminate service, customer shall contact Vogel Enterprises LLC for termination of service. It is the sole responsibility of the Customer to verify the cancellation of their account.
Failure to use the service provided does not constitute a justification for refund under any circumstance.
Privacy/Security
The Company reserves the right to resolve system problems using any means deemed necessary or appropriate to ensure proper functioning of the system.
The Company reserves the right to log any and all data for statistical purposes.
The Company does not guarantee the security or integrity of any data on the system including that transmitted using secure servers.
The Company assumes no liability for the loss of private or confidential material.
Disclaimer and Limitation of Liability
Customer assumes total responsibility and risk for Customer's use of the Services and the Internet.
The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non infringement or implied warranties of merchantability or fitness for a particular purpose.
No advice or information given by Vogel Enterprises LLC, its affiliates or its contractors or their respective employees shall create a warranty.
Since the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people, Customer accesses such materials at Customer's own risk. Vogel Enterprises LLC has no control over and accepts no responsibility whatsoever for such materials.
The Company does not warrant that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, punitive or consequential damages, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, delay, non-deliveries, mis-deliveries, or service interruptions, that result in any way from Customer's use of or inability to use the service or to access the internet or any part thereof, or Customer's reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
The Compnay has no obligation to the Customer to monitor the service. However, Customer agrees that the Company has the right to monitor the Service electronically for statistical, security, or maintenance purposes, and further has the right to disclose any information as necessary to satisfy any law, regulation or other governmental request.
The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Customer agrees to indemnify and hold Vogel Enterprises LLC harmless from any claims or damages, including attorney's fees, arising from or out of Customer's use or misuse of the services, which use or misuse includes, but is not limited to, use or transmittal of information or material deemed obscene, threatening, or otherwise illegal. This indemnification and hold harmless provision shall survive and be in full force and effect subsequent to the termination or cancellation of the account or the services provided under this agreement, or the termination or cancellation of this Agreement.
The Company is not responsible for loss of income, use, or information as a result of using Vogel Enterprises LLC as an Internet Service Provider.
Customer and Vogel Enterprises LLC agree that the law of State of Kansas, U.S.A. will apply to all matters relating to this Agreement.
Customer and Vogel Enterprises agree and consent that the courts of Allen County, Kansas, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.
