LV.Net is committed to providing dedicated and non-dedicated, reliable and robust Internet services to our customers. By subscribing to LV.Net services, you understand and agree to these terms of service and any future modifications or additions to this document.
LV.Net communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. You may specify to us what email address you want us to communicate with you through. It is required that you routinely check this email account. It is required that you read any email sent to your account to avoid any potential interruptions in your service.
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LV.Net is committed to respecting your privacy. Any personally identifiable information that you provide to LV.Net will only be used in the context of your customer relationship with LV.Net.
On various LV.Net web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages include but are not limited to your name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during the creation of your account and subscription to LV.Net products and/or services. In order to tailor subsequent communications and continuously improve products and services, LV.Net may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.
LV.Net uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits. Credit card numbers are used only for payment processing and are not utilized for other purposes.
From time to time, LV.Net may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, LV.Net will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact.
It is your responsibility to update LV.Net of any changes to your personal information including who is authorized access to your account data, your contact email address and phone number. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. LV.Net uses encryption when collecting or transferring sensitive data such as credit card information.
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Moderations of Use:
Bandwidth: As an ISP, LV.Net's bottom line is determined partially by the amount of bandwidth customers utilize. LV.Net can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth, except what physical limits there are to the network infrastructure providing access to your location. If you utilize any of your LV.Net services in a manner which consumes excessive bandwidth or affects LV.Net's core equipment, overall network performance, or other users' services, LV.Net may require that you cease or alter these activities.
LV.Net does not allow customers authoritative control of their own reverse DNS within the LV.Net domain.
LV.Net believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISP's, LV.Net allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of LV.Net or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any LV.Net servers, servers connected to a LV.Net provided Internet connection, or shared networks. LV.Net reserves the right to modify or terminate services at our sole discretion.
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Acceptable Use Policy:
You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your LV.Net account services that are deemed to be in violation of our Acceptable Use Policy.
LV.Net vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify LV.Net's Abuse Department and appropriate action can be taken.
In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, LV.Net reserves the right to suspend and/or terminate your account and all LV.Net-provided services immediately, without advanced notice. LV.Net reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that LV.Net's determination is final and binding on you.
The following activities are considered in violation of LV.Net's Acceptable Use Policy:
Intellectual Property Rights Infringement
LV.Net respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, LV.Net's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by LV.Net indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. LV.Net's policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.
Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.
Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of LV.Net's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.
Dissemination of Viruses
Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward LV.Net personnel are considered in violation and will not be tolerated.
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Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. LV.Net will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify LV.Net immediately if you believe your account may be compromised.
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Account Billing & Invoicing:
LV.Net reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.
Billing will commence on your Activation Date (i.e. The day your circuit installed, or your Dialup, Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless LV.Net is notified within a timely manner of an outstanding issue which LV.Net deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made.
Residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.
LV.Net charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
Should you opt to terminate your LV.Net service(s), you must contact us via email on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.
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Account disconnection, voluntary or involuntary by client or by LV.Net will incur a cancellation charge. For DSL and Wireless accounts Cancellation is $200.00 or the remaining total balance on the account for fullfilling the service term, whichever is less. All other accounts under contract require full payment on the contract upon termination of services.
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Bill Accounts will be invoiced 15 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a returned payment fee of $25.00
Residential-class Bill Accounts are automatically setup for credit card autorenewal by default, using the credit card information provided during the order process. LV.Net will make every effort to process autorenew payments from your credit card 1 day prior to each invoice's due date. LV.Net reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of autorenew status, remains past due.
LV.Net reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.
If you wish to reinstate service with LV.Net, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
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Liability & Limitations:
LV.Net is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other LV.Net customer, whether legal or illegal; or any other goods or services provided by LV.Net or any of its vendors. In no event shall LV.Net be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.
The technical support that LV.Net provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
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LV.Net has the right to terminate your service at its sole discretion, as determined by LV.Net's Moderations of Use and Acceptable Use Policy.
Customers within an active service term that are terminated due to violation of LV.Net's Moderations of Use or Acceptable Use Policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to LV.Net at the time of service termination, including but not limited to rendered service, hardware and installation fees.
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LV.Net is committed to providing quality Internet services. However, LV.Net is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.
Although LV.Net wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.
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Service Term Information:
LV.Net requires all broadband installations and inbound switches to commit to an initial service term at least twelve months in length. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for LV.Net to maintain innovative broadband policies and service features for a sustained period of time. Your initial service term begins once our technician declares your circuit as up and running on LV.Net's network, referred to as your Installation or Activation Date.
In the event of a service move (if you move and have the service installed at the new location), a new initial service term will begin again from the date of activation at the new location and in some cases a new installation charge may be charged at LV.Net's sole discression.
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Installation Procedure Policy:
LV.Net is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.
Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider.
For most installation and/or truck roll dates, an individual over the age of 18 must be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to LV.Net at least 2 business days in advance, there will be a Missed Appointment Fee of $100.00.
Similarly, a No Access Fee of $100.00 will be charged if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.
If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable at a rate of $100.00 per hour. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE (Customer Premise Equipment), and service will be considered Activated once the technican has verified Internet access to the equipment on-site.
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Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, LV.Net will do its best to provide you the maximum speed of the line you are ultimately delivered.
The availability targets referenced below do not account for scheduled outages on LV.Net's network or events outside of LV.Net's control, including, but not limited to, force majeure events or Customer equipment outages.
LV.Net will make every effort to install your T1 circuit within 40 calendar days of your date of order. In the event that we fail to meet this target, you are eligible for a credit of 50% of your first monthly recurring charge. To claim this credit, you must request it from your account manager within 30 calendar days of your installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations.
LV.Net provides an uptime availability target of 99.999% for T1 services each calendar month. If LV.Net fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or LV.Net is unable to ping your router. 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.
LV.Net's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If LV.Net is unable to meet this target response time, you may request a credit for 10% of your package's 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 your package's monthly recurring charge.
LV.Net guarantees 100% throughput on T1 loops between the customer premise and Central Office (i.e., your router will train to 100% of the purchased speed level). If your circuit is continuously and chronologically documented through LV.Net tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, you may disconnect service without penalty. LV.Net does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
LV.Net guarantees a maximum average latency of 60 milliseconds from your router to a test point on the LV.Net network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should your average latency exceed the guaranteed maximum in a calendar month you are eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99.8% from your router to a test point on the LV.Net network. Packet return is not measured when a T1 is experiencing a service outage. You are eligible for a credit equal to one day's worth of service for each hour that your packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by LV.Net and may be your gateway router or a server within your LV.Net Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding our service guarantees, LV.Net reserves the right to recommend the disconnection of your service without penalty.
All Broadband Services
LV.Net does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of your line. If you have any questions or concerns regarding ping times or throughput, please contact LV.Net Customer Support.
All LV.Net-provided customer premise equipment is pre-configured for the service ordered. LV.Net technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to LV.Net technicians will result in billable configuration/repair by LV.Net. If you require the password to access your router, LV.Net provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
If a technician dispatch is necessary to repair any non-LV.Net/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by LV.Net remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee of $100.00 per hour for such a visit. Other than as specifically described in these Terms of Service, LV.Net makes no guarantee or warranty of any kind. LV.Net does not warrant or guarantee that its service is fit for your particular purpose. LV.Net does not warrant or guarantee that its service meets any implied warranty of merchantability. LV.Net does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
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It is the responsibility of the account holder to notify LV.Net of cancellation via e-mail, fax or certified letter. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.
PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty provided that an installation of your services has not been completed. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by LV.Net or its vendors due to technical limitations.
FOLLOWING ACTIVATION - LV.Net charges a disconnection fee as stated on your service contract.
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In addition to the terms provided in the All Services section of this document, the following terms apply specifically to customers utilizing LV.Net's Web Hosting Services.
Per our Moderations of Use, should your website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, LV.Net reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. LV.Net will be the sole arbiter of what is considered to be an excessive amount of server resources. LV.Net reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity.
LV.Net strictly prohibits bulk, unsolicited email and related practices, as defined by our Acceptable Use Policy.
Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.
LV.Net does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers.
All content hosted on LV.Net's servers are subject to our Moderations of Use and Acceptable Use Policy. LV.Net servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.
LV.Net may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with LV.Net's services. Certain changes to LV.Net's services may affect the operation of customers' personalized applications and content. While LV.Net will work with its customers to provide proper notice of such changes, each customer is solely responsible, and LV.Net is not liable, for any and all such personalized applications and content, except as expressly agreed to by LV.Net.
Backup of Data
Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with LV.Net services.
Any mention of non-LV.Net products by LV.Net and its employees is for information purposes only and does not constitute an endorsement or recommendation by LV.Net. LV.Net disclaims any and all liabilities for any representation or warranty made by the vendors of such non-LV.Net products or services.
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Dialup connection numbers and methods are subject to change or replacement at any time. LV.Net reserves the right to direct those with dialup service to specific numbers, or restrict the use of others. You are responsible for any long distance charges associated with the use of your LV.Net dialup.
Your LV.Net dialup service is restricted to one simultaneous connection per unique LV.Net username. Dialup services must remain in an active state without the aid of an automatic connection refreshing program/device for the duration of the session. Unlimited service does not provide a dedicated connection, and LV.Net's standard dialup package includes 150 hours of connectivity per month. We reserve the right to disconnect, suspend, cap, or change connection requirements based on the abuse or misuse of your dialup connection.
Dialup service does not come with an uptime or connection throughput service guarantee.
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15 days after a payment is late a late fee will be charged to the account in the amount of 3% of the late dollar amount.
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