RLB Computer Group,
Terms of Service for Internet Access Accounts
RLB Computer Group
Internet Access (hereinafter “RLB Computer Group”) is an internet
access service provided by RLB Computer Group, Inc., subject to the
terms and conditions of this RLB Computer Group Internet Access Account
Agreement ("Agreement"). This Agreement constitutes the entire agreement
between you (hereinafter "you" or "Customer") and RLB Computer Group.
RLB Computer Group
RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES
ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. YOU
ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE IN THE “RLB
Computer Group MEMBER SERVICES” AREA TO OBTAIN TIMELY NOTICE OF SUCH
CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF RLB Computer Group
AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS
MODIFIED BY THE POSTED CHANGES. This Agreement takes effect on the date on
which you accept this Agreement and continues until your RLB Computer Group
membership is terminated either by you or by RLB Computer Group.
For information regarding your privacy and
RLB Computer Group, please see the RLB Computer Group Internet
Access Privacy Statement. We encourage you to periodically review this
statement, as it is updated on a regular basis.
I. Essentials of Your
RLB Computer Group Account Membership.
You represent and warrant that you are at
least 18 years of age and that
you possess the legal right and ability to enter into this Agreement and to
use RLB Computer Group in accordance with this Agreement. You may
terminate your RLB Computer Group membership at any time, with or
without cause, upon notice to RLB Computer Group as specified in the
Member Services area online; provided that you are responsible for all
charges, which have been submitted, prior to your notice of termination. If
you are participating in any trial period offer, you must terminate your
membership prior to the end of the applicable trial period in order to avoid
incurring service charges.
RLB Computer Group
may terminate or suspend your RLB Computer Group membership at any
time, with or without cause, with or without notice. Your RLB Computer
Group membership is personal to you, you agree not to assign, transfer,
or sublicense your rights as a member unless specifically allowed by this
You may allow other members of your
household (including minors) to use your RLB Computer Group account,
provided that you agree to pay all charges that they incur and to be
responsible for all other aspects of their usage, which includes any roaming
charges and telecommunication charges for connecting to RLB Computer
Group such as long distance charges.
You acknowledge that you are aware that
some areas of RLB Computer Group and the Internet may contain
material that is unsuitable for minors, and you agree to supervise usage by
minors whom you permit to use your RLB Computer Group account.
You acknowledge and agree that the party
being billed for your RLB Computer Group membership (that is, the
party who is responsible for the credit card or other account associated
with your account) has the right to terminate the account at any time and to
request and receive usage information related to such account.
As a condition of your use of RLB
Computer Group, you warrant to RLB Computer Group that you will
not use RLB Computer Group for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. RLB Computer Group
is provided to individuals only and for personal use only. You agree to use
RLB Computer Group only to send and receive personal messages. Any
unauthorized commercial use of RLB Computer Group, or the resale of
its services, is expressly prohibited.
You agree to abide by all applicable local,
state, national and international laws and regulations. You are solely
responsible for all acts or omissions that occur under your account or
password, including the content of your transmissions through RLB
Computer Group. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software or services obtained from or
through RLB Computer Group.
II. You agree not to
do any of the following while being connected via your RLB Computer Group
Use RLB Computer Group or any of its
related services in connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming, or any duplicative or unsolicited
messages to parties with whom you have no prior relationship (commercial or
Send unsolicited e-mail or instant messages
through third-party mail servers to relay your message or hide the
origination of your message or any other message to others.
Use your e-mail account in the text of
unsolicited email messages or Web sites as an address to which members or
other Internet users can respond.
Mass-post, cross-post, or post off-topic
messages to any newsgroup or bulletin board service.
Use simultaneous, unattended, or continuous
connections to RLB Computer Group with one account.
Defame, abuse, harass, stalk, threaten, or
otherwise violate the legal rights (such as rights of privacy and publicity)
Publish, distribute, or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent, or
unlawful material or information.
Advertise or offer to sell or buy any goods
or services for any non-personal purpose.
Harvest or otherwise collect information
about others, including e-mail addresses, without their consent.
Create a false identity for the purpose of
misleading others as to the identity of the sender or the origin of a
Use, download, or otherwise copy, or
provide (whether or not for a fee) to a person or entity that is not an
RLB Computer Group member any directory of RLB Computer Group
members, or any other user or usage information or any portion of any of
Transmit or upload any material that
contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other
harmful or deleterious programs.
Transmit or upload any material that
contains software or other material protected by intellectual property laws,
rights of privacy or publicity or any other applicable law unless you own or
control the rights thereto and have the legal right to do so or have
received all necessary consents.
Interfere with or disrupt networks
connected to RLB Computer Group or violate the regulations, policies,
or procedures of such networks.
Attempt to gain unauthorized access to
RLB Computer Group, other RLB Computer Group accounts, or
computer systems or networks connected to RLB Computer Group, through
password mining or by any other means.
Violate any applicable laws or regulations
including, without limitation, laws regarding the transmission of technical
data or software exported from the United States.
Interfere with another member’s use and
enjoyment of RLB Computer Group or another individual’s or entity’s
use and enjoyment of similar services.
View, intercept, or attempt to intercept
e-mail or other private communications not intended for you.
Violate any posted guidelines or codes
relating to the use of RLB Computer Group. Without limiting any of
RLB Computer Group’s rights to terminate your RLB Computer Group
membership as described elsewhere in this Agreement, RLB Computer Group
may terminate your RLB Computer Group membership for violation of any
of the foregoing rules without notification.
RLB Computer Group
has no obligation to monitor any member’s use of RLB Computer Group
or retain the content of any user session. However, RLB Computer Group
reserves the right at all times and without notice to delete any content and
to monitor, review, retain and/or disclose any content or other information
in RLB Computer Group’s possession, however obtained, about or
related to you, your use of RLB Computer Group or otherwise as
necessary or useful to satisfy any applicable law, regulation, legal
process, or governmental request.
When using RLB Computer Group you
are subject to all the rules specified by the services and Web sites you
visit. This includes other RLB Computer Group-branded services and
Web sites as well as services and Web sites operated by third parties. If
another party reports that you have violated their rules, you agree that
RLB Computer Group may take appropriate action just as if you had
violated this Agreement.
You must promptly notify RLB Computer
Group if you become aware of a potential breach of security, such as the
unauthorized disclosure or use of your RLB Computer Group User-ID,
user name, or password.
III. Charges and
You agree to pay all charges for your use
of RLB Computer Group at the prices then in effect including any
charges for optional and premium services (e.g. DSL service, ISDN service,
etc.). Certain RLB Computer Group promotions or plans may require
termination or cancellation charges. You agree to pay all such termination
or cancellation charges as specified in the materials describing such
promotions and plans. All RLB Computer Group charges are exclusive of
sales or other taxes. RLB Computer Group charges, if applicable, will
be subject to sales or other taxes as appropriate. RLB Computer Group
reserves the right to modify or terminate membership plans, change prices,
or institute new charges for RLB Computer Group at any time with at
least thirty (30) days' notice to Members. You may terminate your
membership, as specified in the Member Services area. However you are
responsible for all charges submitted prior to the termination of your
It is possible the access number you
program your modem to use to connect to RLB Computer Group may be a
telephone number that results in additional or long distance charges being
billed to you by a third party even if such number was presented by RLB
Computer Group as an appropriate access number for your area. You are
solely responsible for determining whether the access number you are using
is subject to any additional charges. It is your responsibility to contact
your telephone company to determine whether the access number you select is
subject to additional charges. You agree to pay any charges you incur by
using a long distance telephone number to connect to RLB Computer Group,
including those that may be billed to you by a third party. RLB Computer
Group will not reimburse you for any charges incurred by you as a result
of selecting an access number that is subject to additional and/or long
All periodic charges (that is, monthly,
quarterly, annually, and so forth) or charges for prepaid plans are to be
paid in advance, or at the time billed by RLB Computer Group, as
specified for the RLB Computer Group plan you elect and are
non-refundable. You agree to pay for all optional and premium services you
elect to receive which are not included in your periodic charges or prepaid
plan charges. You agree to pay all amounts due upon demand by RLB
Computer Group. Each time you use RLB Computer Group, you agree
and reaffirm that RLB Computer Group is authorized to charge your
account as specified by you (your “Account”). You agree that RLB Computer
Group may (at its option) accumulate charges incurred and submit them as
one or more aggregate charges and that RLB Computer Group may delay
obtaining authorization from your Account issuer until submission of the
accumulated charge(s). This means that accumulated charges may appear on the
statement you receive from your designated account issuer. You agree that if
you want to see the components of accumulated charges, you will review your
online statement. You agree to pay all costs incurred in the collection of
any delinquent fees due under this Agreement or the enforcement of this
Agreement, including attorney fees.
You agree that RLB Computer Group
may submit charges for your use of connect time in excess of that provided
as part of the RLB Computer Group membership plan you select without
further authorization from you until you provide prior notice that you are
terminating this authorization or wish to change your RLB Computer Group
membership plan. Such notice will not affect charges submitted before RLB
Computer Group reasonably could act on your notice.
You must promptly notify RLB Computer
Group of changes to: (a) the account number, status, or expiration date
of your Account; and (b) your billing address.
YOU WILL INCUR ADDITIONAL CHARGES IF YOUR
USAGE OF RLB Computer Group EXCEEDS THE NUMBER OF HOURS COVERED BY
YOUR APPLICABLE MEMBERSHIP. YOU MAY ALSO INCUR CHARGES LEVIED BY YOUR LOCAL
OR LONG DISTANCE TELEPHONE COMPANY TO ACCESS RLB Computer Group.
RLB Computer Group
will use reasonable commercial efforts to provide you with an online
statement of charges; however, any failure of RLB Computer Group to
provide you with an online statement does not affect your responsibility to
pay any incurred charges. Unless you notify RLB Computer Group of any
discrepancies or irregularities in any billing within one hundred and twenty
(120) days after they first appear on your Account statement, they will be
deemed accepted by you for all purposes, including resolution of inquiries
made by the issuer of your Account. WITHOUT LIMITING ANYTHING ELSE IN THIS
AGREEMENT, YOU RELEASE RLB Computer Group FROM ANY AND ALL LIABILITY
AND CLAIMS OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY THAT IS NOT
REPORTED TO RLB Computer Group WITHIN ONE HUNDRED AND TWENTY (120)
DAYS OF ITS PUBLICATION DATE.
Without limiting anything else in this
Agreement, RLB Computer Group reserves the right to suspend or
terminate your RLB Computer Group membership without notice upon
rejection of any charges or if your account issuer (or its agent or
affiliate) seeks return of payments previously made to RLB Computer Group
when RLB Computer Group in good faith believes you are liable for the
charge. Such rights are in addition to and not in lieu of any other legal
rights or remedies available to RLB Computer Group. You agree to pay
a late charge to RLB Computer Group on all amounts due but not timely
paid. The late charge will be one and one-half percent (1 ½%) (which equals
eighteen per cent (18%) per annum) on the total amount due but not paid; but
if such rate is in excess of any allowable rate, the late charge will be the
maximum rate allowed by law. The late charge will be imposed until all of
the overdue amounts are paid, but no late charge will be charged on other
late charges. RLB Computer Group reserves the right to refer your
RLB Computer Group account to a third party for collection in the event
RLB Computer Group
Members must contact RLB Computer Group Customer Service directly to
cancel their existing RLB Computer Group accounts. You can obtain
cancellation information by visiting the RLB Computer Group Member
RLB Computer Group
reserves complete and sole discretion with respect to the operation of
RLB Computer Group. RLB Computer Group may, among other things:
(a) take any action (legal and/or technical) that RLB Computer Group
deems appropriate to prevent bulk e-mail from entering or leaving any RLB
Computer Group e-mail account; (b) delete e-mail if it has not been
accessed by you within a time established by RLB Computer Group from
time to time, in its sole discretion; (c) not process e-mail due to space
limitations; (d) subject to the RLB Computer Group Internet Access
RLB Computer Group and Members; (e) automatically log off any accounts
that are inactive for an extended period of time, as determined by RLB
Computer Group; and (f) withdraw, suspend, or discontinue any
functionality or feature of RLB Computer Group. The amount of e-mail
and instant message storage space per member may be limited, therefore some
e-mail may not be processed due to space constraints. You agree that RLB
Computer Group is not responsible or liable for the loss, deletion or
failure to store or accept messages or other information. The use of any
software that would prohibit RLB Computer Group’ s automatic log off
system or part thereof from performing as intended is prohibited.
V. Posting to RLB
RLB Computer Group
does not claim ownership of the materials you provide to RLB Computer
Group (including feedback and suggestions) or post, upload, input, or
submit to any RLB Computer Group Web Site or its associated services
(hereinafter collectively called "Submission"). However, by posting,
uploading, inputting, providing, or submitting your Submission, you are
granting RLB Computer Group, its affiliated companies and necessary
sub-licensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, and reformat your Submission; and to publish
your name in connection with your Submission. No compensation will be paid
with respect to the use of your Submission, as provided herein. RLB
Computer Group is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time, in RLB Computer
Group's sole discretion. By posting, uploading, inputting, providing, or
submitting your Submission, you warrant and represent that you own or
otherwise control all of the rights to your Submission, as described in this
section including, without limitation, all the legal rights necessary for
you to provide, post, upload, input, or submit the Submissions.
VI. Links to Third
THE LINKS INCLUDED WITHIN RLB Computer
Group AND/OR ITS RELATED WEB SITES MAY LET YOU LEAVE RLB Computer
Group AND VISIT NON-RELATED SITES (“LINKED SITES”). THE LINKED SITES ARE
NOT UNDER THE CONTROL OF RLB Computer Group AND RLB Computer Group
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. RLB Computer
Group IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. RLB Computer Group IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY RLB Computer Group OF THE SITE OR
ANY ASSOCIATION WITH THEIR OPERATORS.
Disclaimers/Limitation Of Liability.
You specifically agree that RLB Computer
Group shall not be responsible for unauthorized access to or alteration
of your transmissions or data, any material or data sent or received or not
sent or received, or any transactions entered into through or using RLB
Computer Group. You specifically agree that RLB Computer Group is
not responsible or liable for any act or omission of any third party
including but not limited to any threatening, defamatory, obscene,
offensive, or illegal content or conduct of any other party or any
infringement of another’s rights, including intellectual property rights.
You specifically agree that RLB Computer Group is not responsible for
any content sent using and/or included in RLB Computer Group by you
or any third party.
YOUR USE OF RLB Computer Group AND
ALL RLB Computer Group SOFTWARE AND SERVICES IS AT YOUR OWN RISK.
RLB Computer Group MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF RLB
Computer Group FOR ANY PURPOSE. RLB Computer Group AND ALL
RELATED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RLB
Computer Group DOES NOT WARRANT THAT ACCESS TO OR USE OF RLB Computer
Group WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO
ACCESS RLB Computer Group AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR
THAT RLB Computer Group OR RLB Computer Group SOFTWARE OR
SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. RLB
Computer Group HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO RLB Computer Group AND ALL RELATED SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON- INFRINGEMENT. IN NO EVENT SHALL RLB Computer
Group BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF RLB Computer Group,
ANY RLB Computer Group SOFTWARE OR RELATED WEB SITES, WITH THE DELAY
OR INABILITY TO USE RLB Computer Group, ANY RLB Computer Group
SOFTWARE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, LOST, DAMAGED, OR DESTROYED E-MAIL OR THE FAILURE TO DELIVER ANY
E- MAIL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH RLB Computer Group, OR OTHERWISE ARISING
OUT OF THE USE OF RLB Computer Group, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RLB Computer
Group HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. RLB Computer
Group'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU TO RLB Computer Group FOR ACCESS TO AND
USE OF RLB Computer Group. YOU HEREBY RELEASE RLB Computer Group
FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS
LIMITATION. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
RLB Computer Group, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR AN RLB Computer Group
ACCOUNT OR TO TERMINATE YOUR RLB Computer Group ACCOUNT.
You agree to indemnify and hold RLB
Computer Group, its parents, subsidiaries, members, affiliates, officers
and employees, harmless from any claim, demand, or damage, including costs
and reasonable attorneys' fees, asserted by any third party due to or
arising out of your use of or conduct on RLB Computer Group. RLB
Computer Group will notify you within a reasonable period of time of any
claim for which RLB Computer Group seeks indemnification and will
afford you the opportunity to participate in the defense of such claim,
provided that your participation will not be conducted in a manner
prejudicial to RLB Computer Group's interests, as reasonably
determined by RLB Computer Group.
IX. Notices; Consent.
Notices given by RLB Computer Group
to you may be given by e-mail via RLB Computer Group, by a general
posting on RLB Computer Group, or by conventional mail. Notices given
by you to RLB Computer Group must be given by e-mail via RLB
Computer Group and addressed as set forth in RLB Computer Group's
Member Services area, or by conventional mail. Notices to RLB Computer
Group by conventional mail must be sent to;
RLB Computer Group, Inc.
Attention: Customer Services
Post Office Box 1135,
Sandusky, Ohio 44871-1135
X. No “Spam”;
RLB Computer Group
may immediately terminate any account that it determines, in its sole
discretion, is transmitting or is otherwise connected with any “spam” or
other unsolicited bulk e-mail. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated,
you agree to pay RLB Computer Group liquidated damages of five
dollars (U.S. $5.00) for each piece of “spam” or unsolicited bulk e-mail
transmitted from or otherwise connected with your account. Otherwise you
agree to pay RLB Computer Group's actual damages, to the extent such
actual damages can be reasonably calculated. You agree that RLB Computer
Group may charge such damages to your Account, your designated credit
card or other account specified by you for payment of RLB Computer Group
XI . General.
Except where prohibited by applicable law,
this Agreement is governed by the laws of the State of Ohio, and you consent
to the exclusive jurisdiction and venue of courts in Ohio for all disputes
arising out of or relating to your use of RLB Computer Group or your
RLB Computer Group account. Use of RLB Computer Group is
unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions including, without limitation, this paragraph.
You acknowledge that no joint venture,
partnership, employment, or agency relationship exists between you and
RLB Computer Group as a result of your use of RLB Computer Group
or your RLB Computer Group account. You agree not to represent
yourself to be a representative, agent, or employee of RLB Computer Group,
and that RLB Computer Group will not be liable by reason of any
representation, act or omission to act by you.
RLB Computer Group's
performance under this Agreement is subject at all times to existing laws
and legal process. Nothing contained in this Agreement is in derogation of
RLB Computer Group's right to comply with law enforcement requests or
requirements relating to a Member's use of RLB Computer Group or
information provided to or gathered by RLB Computer Group with
respect to such use.
This Agreement constitutes the entire
agreement between RLB Computer Group and you with respect to your use
of RLB Computer Group and your RLB Computer Group account
(excluding the use of any software which may be subject to an end-user
license agreement), and it supersedes all prior or contemporaneous
communications and proposals, whether oral or written, between RLB
Computer Group and you with respect to RLB Computer Group.
RLB Computer Group
may assign this Agreement, in whole or in part, at any time with or without
notice to you. You may not assign this Agreement.
A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. You and
RLB Computer Group agree that any cause of action arising out of or
related to RLB Computer Group must commence within one (1) year after
the cause of action arises; otherwise, such cause of action is permanently
barred. The section titles in the Agreement are solely used for the
convenience of the parties and have no legal or contractual significance.
TRADEMARKS. RLB Computer Group, and/or
other RLB Computer Group products and services referenced herein are
either trademarks or registered trademarks of RLB Computer Group, Inc..
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
All contents of RLB
Computer Group are Copyright © 2000 RLB Computer Group, Inc. and/or
RLB Computer Group,
Post Office Box 1135
44871-1135, United States.
All rights reserved. Any rights not expressly granted herein are reserved.
Last Modified: 21-Apr-2000