Terms of Service Agreement

1. the user's submission of an order;
2. the User accepting the terms and conditions electronically during the ordering process; or
3. the User's use of the Service (as defined herein).

This Agreement sets forth the terms and conditions under which the User agrees to use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF THE USER DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THE USER MAY NOT ACCESS OR USE THE SERVICE. IF THE USER DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THE USER MUST CANCEL PER THE TERMS OUTLINED WITHIN THIS AGREEMENT UNDER RIGHT TO CANCEL.

1. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE USER ACKNOWLEDGES AND AGREES THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT. LAN~Star Technologies (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY LAN~Star Technologies OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF LAN~Star Technologies TECHNICAL SUPPORT IS AT THE USER'S OWN RISK AND IS NOT WARRANTED. LAN~Star Technologies DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE FULLY COMPATIBLE WITH THE USER'S PERSONAL COMPUTER HARDWARE OR PERIPHERAL EQUIPMENT. IN THE EVENT THAT THE USER IS UNABLE TO USE THE SERVICE FOR ANY REASON NEITHER THE USER NOR LAN~Star Technologies SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT.

LAN~Star Technologies DOES NOT WARRANT THAT THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. LAN~Star Technologies SHALL NOT BE LIABLE FOR LOSS OF THE USER'S DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF THE USER'S EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. LAN~Star Technologies MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. LAN~Star Technologies MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. THE USER EXPRESSLY ASSUMES ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. THE USER AGREES NOT TO USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL LAN~Star Technologies (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR:

1. ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF LAN~Star Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR
2. ANY CLAIMS AGAINST THE USER BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO LAN~Star Technologies' THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH LAN~Star Technologies (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), LAN~Star Technologies' THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE THE USER'S SOLE AND EXCLUSIVE REMEDIES. THE USER MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, LAN~Star Technologies' EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE USER.

LAN~Star Technologies RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST THE USER PERTAINING TO THE USER'S USE OR MISUSE OF THE SERVICE OR FOR THE USER'S BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.) WITHOUT:

1. INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS LAN~Star Technologies (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING LAN~Star Technologies (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS, OR
2. INCREASING ANY OF THE RIGHTS THE USER IS OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING THE USER WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF LAN~Star Technologies (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF THE USER'S PREPAID FEES, IF ANY.

2. INTERNET ACCESS SERVICE

LAN~Star Technologies will provide a Wi-Fi radio signal from the Wi-Fi access point installed at this facility by which the User, with a properly configured personal computer or other suitably configured wireless access device (the "Computer"), may connect to the LAN~Star Technologies computer network and obtain access to the Internet, subject to the terms and conditions set forth herein (the "Service"). Speeds will vary depending on many factors, including but not limited to Internet congestion, local wireless interference and congestion, location of the User's Computer in relation to LAN~Star Technologies' access point, and upload and download speed of the User's destination server. LAN~Star Technologies makes no claim or guarantee that the Service will be available, perform at a particular speed, bandwidth or data throughput rate or be uninterrupted and error-free.

3. AGE LIMIT AND LEGAL AUTHORITY TO SUBSCRIBE

User acknowledges that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that LAN~Star Technologies relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify LAN~Star Technologies whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. User understands that certain materials available while using the Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

4. TERM

This Agreement is effective upon the User's acceptance as provided above and shall continue for the period of time defined and described in the plan the User selected upon registering for the Service and providing the User's payment information beginning at the time the User accepts the terms of this Agreement as provided above.

5. TERMS OF PAYMENT

A User who provides a credit card or debit card for Service payment agrees to allow LAN~Star Technologies to bill his or her card for the amount specified for the term of the Service. All charges are paid in advance for the specified term of the Service. A credit card User shall notify LAN~Star Technologies of any changes in credit card number, expiration date, credit card billing address or credit card verification code. If the card is not honored for any reason, and if alternative billing has not been established, the User's account will be terminated. LAN~Star Technologies will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by the User for exceeding credit card limits, exceeding available bank account balances, or any other such reason. LAN~Star Technologies maintains the right to terminate the Service for any unpaid subscriptions. Accounts in default may be subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve the User from the obligation to satisfy outstanding invoices. In the event LAN~Star Technologies utilizes an attorney to collect any unpaid amounts, the User shall be responsible for the payment of all of LAN~Star Technologies' legal fees and costs in the collection of these sums.

LAN~Star Technologies reserves the right to change prices at any time without prior notice to its Users or the public. Price changes will not be retroactive for existing Users, regardless of the length of their existing Service subscription. All amounts due, referenced on the LAN~Star Technologies web site, or quoted by representations of LAN~Star Technologies and its affiliates are understood by the User to be in United States Dollars (USD).

6. RIGHT TO CANCEL

LAN~Star Technologies reserves the right to cancel the User's Service for any reason without prior notice. LAN~Star Technologies services are provided on a pre-paid subscription basis. The terms of the Service plan chosen are provided at the time of sign up or renewal. If the User wishes to cancel the Service or the User account is closed due to non-payment, disconnection fees may apply. The User must notify LAN~Star Technologies via telephone or in person to cancel the Service. THE USER SHALL NOT CONSIDER THEIR SERVICE TERMINATED UNTIL THEY RECEIVE A VALID CANCELLATION NUMBER. Cancellations shall not be honored by electronic mail, fax or postal mail. Refunds will not be issued for unused portions of the subscription term for any account. Termination of the Service shall not relieve the User from the obligation to satisfy outstanding invoices or balances.

5. TECHNICAL SUPPORT

LAN~Star Technologies assumes that the User has compentent working knowlege of the Computer being used to connect to the Service. LAN~Star Technologies will not train the User in basic computer skills (e.g., deleting files, creating directories or adding and removing components or peripherals). Technical support is intended to facilitate the setup of the User's properly functioning Computer for access to LAN~Star Technologies' Service. The User's Computer must recognize the currently installed wireless network adapter and receive and identify the wireless signal from the LAN~Star Technologies wireless access point located at this facility before any technical support will be dispensed. LAN~Star Technologies' technical support staff is not trained to, has no obligation to and will not assist the User in installing and/or troubleshooting any wireless network device, network software and drivers or complex network configurations, neither will they provide any technical assistance or support for any third party software. LAN~Star Technologies is not responsible for connection problems due to a Computer that is infected with viruses, spyware or malware. It is the User's responsibility to initiate and be available for technical support during LAN~Star Technologies' hours of operation. If the User wishes to utilize LAN~Star Technologies' technical support, the User must be available to help troubleshoot the connection or Computer setup. LAN~Star Technologies does not provide on-site technical support.

7. SEXUALLY EXPLICIT MATERIALS

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. LAN~Star Technologies has no control over and accepts no responsibility whatsoever for such materials.

8. MONITORING

LAN~Star Technologies HAS NO OBLIGATION TO MONITOR THE SERVICE. HOWEVER, THE User AGREES THAT LAN~Star Technologies HAS THE RIGHT TO MONITOR THE SERVICE ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS MAY BE NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO OPERATE THE SERVICE PROPERLY, OR TO PROTECT ITSELF OR ITS SUBSCRIBERS. LAN~Star Technologies WILL NOT INTENTIONALLY MONITOR OR DISCLOSE ANY PRIVATE E-MAIL OR OTHER TYPE OF PERSONAL MESSAGE UNLESS REQUIRED BY LAW. LAN~Star Technologies RESERVES THE RIGHT TO REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT, IN ITS SOLE AND ABSOLUTE DISCRETION, ARE UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THIS AGREEMENT. LAN~Star Technologies RESERVES THE RIGHT TO SUSPEND ACCESS TO THE SERVICE FOR THE User's ACCOUNT. THE ACCOUNT'S SUSPENSION MAY BE RESCINDED WITHIN THE SOLE AND ABSOLUTE DISCRETION OF LAN~Star Technologies FOLLOWING PAYMENT, BY THE User, OF A RECONNECTION CHARGE, TO BE DETERMINED BY LAN~Star Technologies IN ITS SOLE AND ABSOLUTE DISCRETION.

9. PROHIBITED USES

User may not:

1. Send unsolicited E-mail, (known as 'Spam') to anyone residing on our servers or through our servers, or when connected to the LAN~Star Technologies network. Use of the LAN~Star Technologies network and computer systems to create and/or distribute Spam or ony ther prohibited uses will result in immediate termination of any and all LAN~Star Technologies accounts registered to the User in violation without notice. The following types of E-mail sent constitute as Spam:
   • Forged E-mails To/From address other than from the actual sender or to the actual recipient.
   • Message subject not related to the E-mail body.
   • E-mail not requested by the recipient.
   • E-mails sent in bulk by sender.
   • Mail bombs.
2. Restrict or inhibit any other User from using and enjoying the Internet;
3. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
4. Post or transmit any sexually explicit materials or materials that may be offensive as determined by LAN~Star Technologies;
5. Post or transmit any information or software, which contains a virus, cancelbot, trojan horse, worm or other harmful component;
6. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
7. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
8. Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
9. Run or allow other persons to run mail list or listserv applications or any other form of auto-responding email or messaging applications from User's account;
10. Run or activate processes while User is not logged in;
11. Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity as defined by local, state, or federal authorities;
12. Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES");
13. or Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

The User agrees to indemnify and hold Lan~Star Technologies harmless from any claim resulting from the User's transmission, reception, publication, posting or other use of illegal, abusive or unethical materials, or the result of the User's participaction in any illegal, abusive or unethical activities.

9. MESSAGING

User agrees to limit their use of the LAN~Star Technologies Service, specifically regarding the use of electronic (E-mail) Services, to the following restrictions:

9.1 Unauthorized Use of Relay Servers

9.2 Fraudulent Addressing

9.3 FRAUDULENT CONTENT

9.4 ACCEPTABLE USE

16.1 IP Addresses

Each Subscriber is allowed one (1) computer device per IP address. Upon expiration, cancellation or termination of this Agreement, a Subscriber must relinquish any IP addresses or address blocks assigned to them by LAN~Star Technologies. LAN~Star Technologies may choose to assign any Subscriber a new IP address at any time.

17. NO CONFIDENTIALITY

Information transmitted through LAN~Star Technologies and through the Internet in general is not confidential. LAN~Star Technologies cannot and shall not guarantee privacy or protection of any User. LAN~Star Technologies reserves the right to monitor any User's transmissions when deemed necessary for providing proper Service and/or to protect the rights and property of LAN~Star Technologies.

17.1 User Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, LAN~Star Technologies will not provide User's name and other consumer information considered private to third parties. As a customer of LAN~Star Technologies' services, you agree to accept and authorize LAN~Star Technologies the ability to contact you electronically, by mail or by other means suitable in an effort to announce important service upgrades, changes, additional services or other information deemed important by LAN~Star Technologies.

17.2 Privacy Policy

LAN~Star Technologies will treat each Subscriber’s personal information in accordance with LAN~Star Technologies privacy policy ("Privacy Policy") published at www.lanstar.us/privacy-policy.html. User agrees to the terms of the Privacy Policy. LAN~Star Technologies reserves the right to make changes to the Privacy Policy at any time without notice.

18. NON-TRANSFERABLE

The right to use the Service is not transferable. Accounts are for the sole use of the User. User shall be responsible for the confidentiality of the User's login id and password (the "Credentials"). User shall be liable for any violations to this Agreement that may occur during the use of User's credentials. Intentional sharing or misues of the User's Credentials will result in termination of the User account.

19. PURCHASES AND TRANSACTIONS WHILE ON THE SERVICE

LAN~Star Technologies is not responsible for the confidentiality of information that User may provide to merchants and information or Service providers while connected to the Service. Negligence or other issues related to purchases, agreements, or other transactions performed while User is connected to the Service are the sole responsibility of User and merchants and information or Service providers. LAN~Star Technologies assumes no responsibility or liability in such transactions.

20. NO SYSTEM BACKUP

LAN~Star Technologies does not and will not perform system backups on any User's E-mail account(s). LAN~Star Technologies shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, LAN~Star Technologies will not provide historical data, to any party for any reason, regarding any system or Internet activity.

21. FAILURE TO COMPLY WITH TERMS AND CONDITIONS

LAN~Star Technologies may deny User access to all or part of the Service without notice if User engages in any conduct or activities that LAN~Star Technologies in its sole discretion believes violates any of the terms and conditions in this Agreement. If LAN~Star Technologies denies User access to the Service because of such a violation, User shall not have the right (1) to access through LAN~Star Technologies any materials stored on the Internet, (2) to obtain any refund(s) otherwise due to User, and such refund(s) shall be forfeited, (3) to access third party Services, merchandise or information on the Internet through LAN~Star Technologies, and LAN~Star Technologies shall have no responsibility to notify any third-party providers of Services, merchandise or information or any responsibility for any consequences resulting from lack of notification.

22. PORT FILTERING

A port 25 (outgoing mail) filter may be applied to all Subscribers to prevent against spam generated from our network. In addition, LAN~Star Technologies may periodically scan port 25 over your DSL line to make sure your mail server is not an open relay. If LAN~Star Technologies finds an open relay on your mail server, the port 25 filter will be reinstated and you will be notified by the contact email address entered above. LAN~Star Technologies reserves the right to block any port without prior notice to protect the network and its Subscribers from potential virus attacks spreading over a certain port.

23. ASSIGNMENT

You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. LAN~Star Technologies may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

24. MISCELLANEOUS

All introductory promotional offers are intended for new customers only. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. LAN~Star Technologies's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. LAN~Star Technologies may modify this Agreement from time to time. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately cancel the Service per the terms outlined elsewhere in this agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. LAN~Star Technologies shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of LAN~Star Technologies. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming LAN~Star Technologies as the defendant, shall be proper only in a venue determined by LAN~Star Technologies. In any action between LAN~Star Technologies and User to enforce any of the terms of this Agreement, LAN~Star Technologies shall be entitled to recover expenses, including reasonable attorney's fees. This Agreement constitutes the entire agreement between User and LAN~Star Technologies with respect to the Service.