This User Services Agreement ("Agreement") is an agreement between the customer ("User") and Lime Daley, an internet service provider located at 131 Denny Road, Valencia, PA 16059 ("Lime Daley"). "Services" refers to email and any other services provided to User by Lime Daley. This document may be updated and/or modified at any time.
Service Uptime Guarantee (applies only to Users with a Service Level Agreement)
Lime Daley provides an uptime availability target of 99.99% for Services each calendar month. If Lime Daley fails to meet the availability target for a particular month, User may request a credit for 3% of its monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a server is experiencing an outage if no traffic is exchanged on the line, or if traffic is so slow as to be interpreted as an outage by a reasonable person. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Lime Daley's target response time for initializing service restoration following notification of a Services outage is 4 hours. If Lime Daley is unable to meet this target response time, User may request a credit for 10% of the monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of the monthly recurring charge.
User understands that Lime Daley implements various spam filters, which bounce, delete, and delay e-mail that appears to be spam. User agrees to indemnify and hold not responsible Lime Daley from any claims resulting from action or inaction by the spam filters, including, but not limited to loss of data resulting from delays and non-delivery of information.
Lime Daley communicates primarily via email. User agrees that sending a message to its contact email address is the agreed upon means of providing notification. All Services come with at least one email account. It is required that User routinely check this email account. User's contact email account is used to communicate vital information about services, billing, service outages, and enhancements or changes to the existing services. This information is time-sensitive in nature. It is required that User read any email sent to its contact email account to avoid any potential interruptions in your service.
Moderations Of Use
Bandwidth: Lime Daley has provided in the billing terms per-user bandwidth quotas. The rates are based on the assumption that the traffic will be averaged through the month. If User utilizes any of the Services in a manner which consumes excessive bandwidth or affects Lime Daley's core equipment, overall network performance, or other users' services, Lime Daley may require that User cease or alter these activities. Alternatively, User may renegotiate a rate that includes the peak bandwidth usages.
User agrees to protect its account by guarding its passwords carefully. User is responsible for all use of User accounts and for the confidentiality of any password selected by User. Lime Daley will suspend or modify User's accounts as soon as practicable after notification from User that a password has been lost, stolen or otherwise compromised. User must notify Lime Daley immediately if User believes any of its accounts may be compromised.
Lime Daley considers email transmitted to be the private correspondence of the sender. Lime Daley will not monitor, sell, rent, lease, edit, or disclose the contents of a User's private communications, except that Lime Daley and its third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) as necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Lime Daley, its third party service providers, or others. User acknowledges that content posted by User to public community areas is publicly available and that Lime Daley does not take any responsibility for such content. User understands and agrees that technical, and sometimes manual, processing of email communications, search requests, community postings, and any other information supplied by User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements. Lime Daley and its third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
User is to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and is not to interfere with the use and enjoyment of the Services by other users. User is to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services. User is: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User is not to upload, post, email, or otherwise transmit: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation.
User is not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. Lime Daley may ban User from future use of the Services if User does not comply with Lime Daley's standards of conduct, even if User attempts to use the Services through another User or under a different name.
User agrees that Lime Daley or its third party service providers may terminate User's password, account, or use of the Services if Lime Daley or its third party service providers believe: (a) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (b) that User has violated the rights of Lime Daley or its third party service providers or other users or parties.
Lime Daley may, at its discretion, suspend User's access to the services for any violation of this Agreement. Lime Daley will make reasonable efforts to notify User of such actions.
Cancellation by User must be made in writing at least 30 days in advance.
If it becomes necessary for Lime Daley to close down, Klugerwahl Technologies, Inc. has agreed to provide the same services at the same rates for six months, and a new contract can be negotiated as necessary.
Lime Daley makes no warranties, either express or implied, as to any matter whatsoever, including without limitation, the services rendered pursuant to this Agreement. Lime Daley also disclaims any warranty of merchantability, fitness for a particular purpose, or any implied warranties of fitness. Lime Daley specifically denies any responsibility whatsoever for the accuracy or quality of information obtained through its services, and use of information is at risk of User. User agrees to defend, indemnify and hold harmless Lime Daley from any and all claims, causes of action or damages of any kind, resulting from User's use of the services provided pursuant to this Agreement. User agrees to indemnify and hold Lime Daley not responsible for any use which constitutes an illegal activity by User or others accessing User's account . Lime Daley is further not responsible for the contents of User's data and/or illegal, obscene or harmful material. Under no circumstances will Lime Daley be responsible for the status, altered or current, of any data stored or transmitted in any of its servers. User agrees to indemnify and hold not responsible Lime Daley from any claims resulting from use of service which causes damage or loss to User, or any other party, including, but not limited to loss of data resulting from delays, non delivery of information, or service interruptions. In addition, User understands that the use of Lime Daley's server includes the possible risk of a damaging event such as weather, electrical surge, theft, line failure, viruses that User gets, etc. that could affect data or access availability. Lime Daley is not liable for any losses caused by such events or occurrences. User hereby releases Lime Daley from any and all claims of liability of any kind as a result thereof, including but not limited to claims for damage to software, or hardware, lost data, lost profit and/or business interruption.
Updated: April 11, 2009