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POLICIES

Company Policies
(Non-discrimination, Interconnection, Network Management and ARRA-Funded Infrastructure)
Click Here
 
Customer Policies, Terms and Conditions for using Internet Service,
("The Internet Account Agreement")
Call us toll free at 1-866-311-5900
Available Mon.-Fri. 8:00am to 9pm, Sat. 8am to 4pm
 
Modification
We reserve the right to add, delete, or modify any provision of this Policy.
 
Agreement
By using our Internet Services all customers agree to abide by the following policies, including EvenLink's Privacy Policy.
 
Long Distance Charges
If you are a DIAL-UP customer, please be certain that the access number your computer is dialing is a local number. We are not responsible for any long distance fees incurred. It is the customers responsibility to make sure that the number the customer enters into their computer is a local call.
 
Billing Policy
If you are billed monthly, your day of month for bills will be the same day of the month you signed up (ie. June 1). Invoices must be paid by this day for the following 30 days worth of service.

Email statements, notices, and late notices are sent for convenience purposes. Occasionally E-mail notifications can get lost or misdirected unintentionally either by internal or external factors such as spam filters. If any notice is not received by the customer, it does not mean that they are not liable for payment of their monthly service or late fees. All accounts are active and due on a monthly basis or according to the term of service agreement at the time of sign-up, and will remain open and payable until such account(s) are cancelled by a telephone call to our office and a live representative is spoken with indicating the request.

If you are a customer who chooses to pay by **CHECK** ALL invoicing for you will be attempted to be sent by E-mail approximately 24 days ahead of your billing day, the date which your payment is due as described above.

If you are a customer who chooses to pay by **CREDIT CARD** you will be invoiced the day of the month that you signed up. On this day we will also attempt to charge your card for the next 30 days worth of service. We will always charge your card on this same day, month after month, for your Internet service. If your card is not approved we will attempt to email you a notice that your card was declined. Please be sure to contact us promptly to resolve any problems.

If at any time you wish to change your billing method you must contact our office for those changes or you may log on to our customer interface at customer.evenlink.com to make changes. Otherwise, your account billing will remain at your initial choice.

A $30.00 Credit Card Dispute (the Credit Card Company charge back) charge plus the amount disputed will be applied to a customer's account when that customer disputes a valid charge with their card company prior to bringing the complaint to our attention, always notify us first of any billing questions.
 
Payment
Payments not received on time for any invoices will be subject to a late charge of $10. If we have not received payment by the 10th day after the due date, the account will be suspended. Accounts that wish to be re-activated will be assessed a re-connect fee of $15. Returned checks are subject to a $25 service charge.

Accounts which are not paid on time, shut off, and re-activated more than once will require a payment of at least the past amount owed, late fees, and the following months amount due to have their service re-activated. A re-activation fee may also apply.

We wish to continue to offer low prices for its unlimited Internet access and can only do so if ALL accounts are paid timely. Please do your part by making sure your account is up to date. If you have any questions or something does not look correct on an invoice, please call the our office at the number listed below. Regardless, please do not ignore notices sent to you. Please contact us by calling us at 570-988-1800, 717-274-3300, 866-311-5900 (toll-free) or via email at custcare@evenlink.com.
 
Pre-Payments On Accounts
Pre-paid accounts are available for your convenience to pay on an annual basis.
 
Cancellation And Refunds
Accounts with us remain active until such time as the customer cancels their account via a phone conversation with one of our customer service representatives. Any charges on the account are the sole responsibility of the account holder until the account is cancelled no matter if the account was used or not. For example, accounts at our company remain active just as your phone service or cable tv service does and will continue to be billed until we are notified via a phone call with a live support person. Due to security issues email cancellations can not be accepted. DIAL UP ONLY - $25 service fee to cancel early, the remaining balance will be refunded.

All DSL, VoIP and Wireless customers have a minimum one year term of service. A $200 cancellation fee applies if the customer cancels Wireless before the term expires plus any months of service used. A $100 cancellation fee applies if the customer cancels DSL before the term expires plus any months of service used. A $100 cancellation fee applies if the customer cancels VoIP before the term expires plus any months of service used. All DSL & WIreless equipment remains the property of our company and must be returned when term expires or customer cancels service. If the customer returns the equipment the cancellation fee will be adjusted and $50 will be removed from the cancellation fee. No pro-rated credit will be given for any month which the service period is currently being used.
 
Overdue & Service Termination Policies for Business Accounts
Business Accounts are specified as those accounts containing paid dial-up service, web hosting, business DSL, ISDN, Wireless, Server Co-Lo, Shared SSL, Parked Domains, Bulk emails or DNS hosting.

1. Business accounts which are 10 days late will be notified via phone and the $10.00 late fee will apply. This information will be derived from our accounts receivable reports.

2. Accounts which are 20 days past due will be turned off and a $15.00 reactivation fee will apply. No compensation will be made for any downtime nor will we be responsible for bounced e-mails as it will be the result of monies owed. The account will not be reactivated until payment is received.
 
Usage Policies
By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted material, violation of U.S. export restrictions, harassment, fraud and other illegal activities.

While most of our plans are essentially an unlimited use product, We reserve the right to restrict a customer's usage if it adversely affects network performance. We reserve the right to time-out a customer's dial-up connection after 60 minutes of inactivity. For example, if you were to get up from your computer and get side tracked and leave your house, you would be unnecessarily connected to our modems bank using up a phone line and not allowing another paying customer to gain access to the net through that modem connection.

The use of your dial-up connection must be “Interactive”. Interactive is defined as the person must be physically present at the computer and the customer must, at least every 60 minutes perform a direct action which results in the transfer of data. The use of automatic programs to send or request information does not qualify as interactive use. If you are disconnected because of a time-out, simply log-on again. Connection speeds and quality are not affected by disconnecting when service is not needed. Maintaining a dial-up connection by artificial means for the purpose of keeping the connection open while unattended is strictly prohibited. Dial-up connections are NOT dedicated lines and our company reserves the right to limit connection times and disconnect users at our discretion. Data transfers for our dial-up customers are limited to 1.5GB per month or 50MB per day uploading and/or downloading.
 
Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. We reserves the right at all times to prohibit activities that damage EvenLink's commercial reputation and goodwill.
 
Illegal Use
All types of content is accepted on our network and may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. We will be the sole arbiters as to what constitutes a violation of this provision.
 
System and Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
 
Dedicated Servers And Collocation
The Account Holder understands that the services provided by our company are provided on a dedicated server. This means that the customer is responsible for all actions done on the server unless the account holder has chosen to use our system administration services. The Account Holder is responsible for the security of the Account Holder's dedicated server, The Account Holder may not hold our company Responsible if The Account Holder's dedicated server has gotten "Cracked". If the Account Holder refuses to comply with this Section, then we have the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and not hold our company and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by our company.
 
Resell
Customers may not resell or give away service without prior written permission from our company. Services provided by us are for the exclusive use of the customer at a single business location or home.
 
Tortuous Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
 
Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

It is contrary to our company's policy for customers to use our servers to effect or participate in any of the following activities: To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list; To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients; To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a provided server, or using a provided server as a mail drop for responses; To falsify user information provided to our company or to other users of the service in connection with use of a our service.
 
Consequences of Violation
When our company becomes aware of an alleged violation of its Acceptable Use Policy, we will initiate an investigation. During the investigation we may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, our company will notify the appropriate law enforcement department of such violation.
 
Privacy Policy
Click Here
 
Limitaion Of Liability
EXCEPT FOR CERTAIN PRODUCTS OR SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY OUR COMPANY, OUR COMPANY DOES NOT CONTROL ANY MATERIALS, INFORMATION , PRODUCTS, OR SERVICES ON THE INTERNET. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE THE SAME, AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES , PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE INTERNET. OUR COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE 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, AND THE LIKE. THE LIABILITY OF OUR COMPANY 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, IN TORT, IN NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY CUSTOMER FOR INTERNET SERVICE UNDER THE INTERNET ACCOUNT AGREEMENT DURING A PERIOD OF ONE YEAR.
 
Indemnification
Customer agrees to indemnify our company, and any company from whom we obtain network services, and to hold them harmless from any claims resulting from the use of the internet service by Customer or Users that damages another party or violates the law.
 
Dispute Resolution
In the event of a breach of the Internet Account Agreement by Customer, all of the rights of Customer, as set forth herein, shall be immediately terminated, and all fees and charges paid to our company shall be forfeited as liquidated damages. In the event that we are required to engage the services of an attorney because of a breach of the Internet Account Agreement by Customer or due to a dispute arising out of the internet services provided under the Internet Account Agreement, Customer agrees to pay all of our reasonable attorneys fees and court costs in connection with the same. The Internet Account Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law rules. Customer expressly consents to jurisdiction in the courts of Lebanon County, Pennsylvania, and expressly waives the right to a jury trial with regard to any dispute under the Internet Account Agreement.
 
Entire Agreement
The Internet Account Agreement, constitute the entire understanding and agreement between the parties as to the subject matter hereof, and supersedes any prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
 
Digital Millennium Copyright Act Claims
Pursuant to Title II of the Digital Millennium Copyright Act ("DMCA"), all claims alleging copyright infringement for material that is believed to be residing on EvenLink's network or systems should be promptly sent in the form of written notice to EvenLink's Designated Agent:

Scott Muser - Designated Agent for DMCA Notices
EvenLink LLC
38 S 8th St
Lebanon, PA 17042
Facsimile No.: 717-279-8001
Email address: dmca@evenlink.com

IMPORTANT: No other notices or communications should be sent to EvenLink's Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EvenLink to locate the material.
4. Information reasonably sufficient to permit EvenLink to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that there are substantial penalties for false claims.

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to EvenLink's designated agent. A valid counter-notification is a written communication that includes all of the following elements:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
 
Our company does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
     

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