Terms of Service

Effective date 2/03/00
(revised terms are indicated by underline)

That for the considerations and covenants hereinafter specified below, the parties do for themselves, their successors, and assigns mutually agree:

All headings incorporated herein are for information purposes only and are not intended to, and will not affect any legal interpretation of the terms herein.

1. Definitions:

"Content" means: Information, communication, software, photos, video, graphics, music, sounds, and other materials collectively.
"Domain Name" means: A name that is assigned and licensed by Internic.net.
"E-mail Name" means: A name assigned to a Subscriber that identifies a particular Subscriber, which is non-transferable by the Subscriber.
"Subscriber" means: the person or entity who is bound by this Agreement and meets all qualification of the terms and conditions of this Agreement.
"TOS" means Terms of Service Agreement (this Agreement).
"User Ability" means: The Subscriber or Authorized User's ability to connect to Gurulink's service.

2. General Provisions:

(a) Gurulink provides Filtered Internet access to Subscriber's, which term includes any Authorized User, subject to the terms and conditions of this Agreement which comprises the entire agreement between Gurulink and Subscriber, superseding any prior oral or written agreements. Additionally, Subscriber acknowledges and understands that additional terms and conditions may be imposed on Subscriber in other areas of service, third-party content, or software.

(b) Gurulink may change the terms and conditions of this Agreement at any time. Such change shall take effect thirty (30) days after the notice is to be posted on the
gurulink.com webpage, and shall include the effective date. Subscriber agrees to review Gurulink's TOS periodically. In the event Subscriber does not agree with any change of TOS, Subscriber may discontinue the User Ability provided by this Agreement. Continued use of t's services beyond the effective date of any change of TOS constitutes acceptance of the all terms and conditions of the modified TOS.

3. Subscriber Obligation:

(a) Subscriber certifies that he/she is at least eighteen (18) years of age; and that all verbal or on-line registration information provided Gurulink is accurate, complete, and current.

(b) Subscriber acknowledges that: Subscriber will receive (i) an Account-Password, (ii) an account number, (iii) up to two e-mail names, and (iv) 2 megabytes disk space for a non-commercial home page. eMail names may be chosen by the Subscriber; provided, however, that the eMail name is not in use by another Subscriber, and that such name is acceptable to Gurulink.

(c) Subscriber's are authorized to access Gurulink's Internet access in an individual capacity, and may not permit another individual or entity to use the Subscriber's password for Internet access, except under the Subscriber's direct supervision.

4. Access Charges:

(a) Billing rates for Gurulink's Internet access, connect of accounts, web-page hosting, eMail addresses, passwords, and other charges, that are not contained in this Agreement, are detailed in the Pricing Schedule contained within this webpage.

(b) Charges for services are due in advance for the period billed. Subscriber's billed on credit cards (cards which are acceptable to Gurulink) will also be billed in advance for the period billed.

(c) Late Payment: If your account is not paid within 10 days of invoice date then a $5.00 late fee will be assessed. If an account is not paid within 14 days from invoice date it will be put on-hold. If the account is not paid within 21 days from invoice date the account will be terminated and advance payment will be applied to final month. In the event a Subscriber issues a bad check or if a credit card is denied, the Subscriber agrees to pay Gurulink a service charge of $20.00.

5. Internet Content & Copyright Information:

(a) Subscriber acknowledges that: Gurulink does not own the Internet; Gurulink is not a content provider (except for Gurulink's web-page), and that all Content on the Internet is supplied by others, which Content is wholly beyond the control of Gurulink; Subscriber shall use Gurulink's service at their own risk; and Subscriber is solely and entirely liable for all activities of Subscriber, including any Authorized User on the Account.

(b) Subscriber further acknowledges that: Gurulink provides access to websites that contain Content that is protected by copyrights, trademarks, and other intellectual and property rights (collectively "Rights"). Subscriber agrees to use such Content in a legal manner, and Subscriber shall use Gurulink's Internet access only to properly obtain and use Content that: (i) is not subject to any Rights, or (ii) the holder of Rights has given express authorization for distribution to the Subscriber.

(c) Subscriber acknowledges that: Content downloaded may contain viruses or other programs designed to harm, interrupt, or compromise programs or files on Gurulink's or Subscriber's computer(s). Subscriber agrees to employ current and updated virus-checking software, and to have a verified back-up of programs and files necessary to properly and accurately recover from a virus or other loss of data.

(d) Subscriber further acknowledges that: Gurulink's filtering processes may be bypassed with a Filtering-Password. Subscriber understands that once the Filtering-Password has been entered, websites that contain inappropriate or offensive Content can be accessed; and that the Subscriber or his Authorized User agree to immediately take measures to protect other persons who might view or have access to such Content. Filtering-Passwords may be obtained from Gurulink within two business days of the Subscriber's written request. An assignment or reassignment of a Password obtained after five (5) days of the initial setup of Subscriber's account will cost Subscriber an additional fee of $15.00.

6. Subscriber Conduct; Certain Acts Prohibited:

Subscriber agrees that the following acts of Subscriber or any Authorized User are prohibited and that Subscriber shall not: post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive, or otherwise objectionable Content; harass, threaten, embarrass, cause distress, unwanted attention, or discomfort upon another Subscriber or user of the Internet; post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by Gurulink to be inappropriate or offensive; store sexually explicit content or photographs, or illegal or prohibited Content on Gurulink's server; disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other users of the Internet; impersonate any person or entity, including but not limited to a Gurulink employee, a forum leader, guide or host, or communicate under a false name or a name that the Subscriber is not entitled or authorized to use, or impersonate a minor; post or transmit a chain letter or pyramid scheme; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to any user of the Internet, except in those areas that are expressly designated for such a purpose; collect or harvest eMail names of other users of the Internet without permission; "spamming" which can be described as the use of (and/or appearing to use) the service for sending unwanted and unsolicited electronic eMail messages; connect or use of an IRC (chat) server on Gurulink's network; or transmit any communication or solicitation designed or intended to obtain any password, account, or private financial information from any user of the Internet; access, attempt to access, or tampering with Gurulink's equipment in any unauthorized manner; violate any law, provision, operating rule, policy, or guideline of Gurulink, or any other interactive service; or violate any applicable local, state, national, international, or foreign law, or rules or regulations having the force of law.

FBI WARNING: Computer and Internet crimes are investigated by the FBI utilizing many criminal statutes under the FBI's jurisdiction. The Computer Fraud and Abuse statute was amended during the prior Congress and is a comprehensive tool to address computer crimes. Internet crimes conducted to defraud consumers are addressed within myriad statutes including Fraud by Wire, Mail Fraud, Interstate Transportation of Stolen Property, and Money Laundering to name only a few. Other computer related crimes involving Intellectual Property including Hacking, Destruction of Property, Industrial Espionage, Economic Espionage, and Copyright Infringements are also investigated. Convictions of federal computer and Internet crimes can involve fines of up to $1,000,000.00 and imprisonment of up to 20 years.

7. Subscriber Information:

(a) Gurulink, to the best of it's ability, has taken measures to prohibit unauthorized access to Subscriber account information, including Subscriber's name, address, telephone numbers, e-mail addresses, eMail messages, billing information, credit information, passwords, and credit card numbers. Gurulink will not release this information to any third-party, except at the Subscriber's direction, or as required by law, court order, subpoena, or criminal investigation by a law enforcement agency. Gurulink does not represent that its efforts cannot be defeated or circumvented.

(b) Subscriber acknowledges that information released by the Subscriber to a third-party on the Internet is beyond the control of Gurulink. Subscriber understands that disclosure of information (i.e. eMail address, telephone number, address, place of work, and other personal information) to any third-party should be done with caution. Subscriber and any Authorized User shall not at any time disclose any Account-Password or Filtering-Password to any third-party, or verbally to Gurulink, its employees, agents, representatives, or assigns.

8. Gurulink'S LIABILITY; DISCLAIMER OF WARRANTY; AND INDEMNIFICATION:

GURULINK MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION AS TO GURULINK'S SERVICE, SOFTWARE, INTERNET, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT GURULINK DOES NOT OWN THE INTERNET, IS NOT A CONTENT PROVIDER, DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, CONTENT, OR SERVICE OFFERED THROUGH THE INTERNET, AND SUCH CONTENT, PRODUCT, AND SERVICE IS WHOLLY BEYOND THE CONTROL OF GURULINK; GURULINK PROVIDES ITS SERVICE TO THE INTERNET ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR SUBSCRIBER'S PERSONAL USE. GURULINK MAKES NO REPRESENTATIONS THAT INTERNET ACCESS WILL AT ALL TIMES BE AVAILABLE; THAT SUBSCRIBER ASSUMES ALL RISKS OF LOSS OR DAMAGE; THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY GURULINK SHALL NOT BE DEEMED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY; SUBSCRIBER IS NOT RELYING ON GURULINK'S SKILL OR JUDGMENT IN SELECTING ANY PARTICULAR SERVICE SUITABLE FOR ANY PURPOSE; AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THIS AGREEMENT. HOWEVER, SUBSCRIBER UNDERSTANDS AND AGREES THAT IN THE EVENT GURULINK SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE FROM GURULINK'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED WITHIN THIS AGREEMENT IN ANY RESPECT WHATSOEVER, GURULINK'S LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN (10%) PERCENT OF THE ANNUAL SERVICE CHARGE OR TWO HUNDRED FIFTY ($250.00) DOLLARS, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES, NOT AS A PENALTY; AND THIS REMEDY SHALL BE EXCLUSIVE, IRRESPECTIVE OF CAUSE OR ORIGIN FOR ANY DAMAGE, DIRECT OR INDIRECT TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT.

IN THE EVENT ANY THIRD-PARTY TO THIS AGREEMENT MAKES ANY CLAIM OR FILES ANY ACTION AGAINST GURULINK, SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS GURULINK FROM ANY AND ALL SUCH CLAIMS AND ACTIONS AND SHALL PAY ALL COSTS OF SUCH CLAIM OR ACTION, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS FEES. SUBSCRIBER ADDITIONALLY AGREES TO WAIVE RIGHT OF SUBROGATION, AND AGREES NOT TO PARTICIPATE WITH SUBSCRIBER'S INSURANCE COMPANY IN ANY ACTION AGAINST GURULINK.

9. Service Termination:

(a) Either party may terminate the service under this Agreement by giving the other party thirty (30) day advance written notice by way of eMail. Subscriber understands and agrees that termination of service is Subscriber's sole remedy with respect to any service dissatisfaction with Gurulink.

(b) Notwithstanding paragraph (a) of this section, Gurulink may without liability terminate service without further notice in the event Subscriber violates any of the terms or conditions contained herein, and Gurulink shall not be obligated to refund to Subscriber any unearned portion of prepaid fees.

10. Determination, Venue, and Non-Waiver:

Any judicial or other determination nullifying or declaring unenforceable any clause or condition herein shall not affect the remainder of this Agreement, which shall remain in full force and effect. This Agreement is performable in Coshocton, Coshocton County, Ohio, and venue involving any action in this Agreement shall be performed in Coshocton County, Ohio. In the event Gurulink fails to enforce any breach of agreement, policy, or rule, it shall not be deemed to create a waiver of such enforcement in the future.

11. Homepage and Webpage Hosting:

(a) Homepage hosting with up to 2 megabytes of disk space is included for non-commercial, not-for-profit use.

(b) Webpage hosting with up to 10 megabytes of disk space (or more if purchased) is for commercial use.

12. Service Connections:

(a) Subscriber is required to have local telephone service through the carrier of their choice. Local (non-toll) calling is necessary for Subscriber to avoid long distance telephone charges. However, if Subscriber is out of Gurulink's local telephone service area, Subscriber may dial Gurulink's access number with the understanding that Subscriber is responsible for all long distance telephone charges.

(b) Subscriber acknowledges that telephone connection quality varies between areas of town and individual connections. Modem speeds are reduced when the modem senses a low-quality connection. Modem speeds of 56Kb are not obtainable with current service available from Regional Bell Operating Companies utilizing a POTS (plain old telephone service) line. More sophisticated lines are sometimes available from your local telephone carrier at an additional cost. Subscriber assumes all responsibility and all liability in connection with subscriber's telephone service.

(c) Subscriber acknowledges that Internet connections will drop requiring a re-dial into the system if the telephone service looses quality, or for other reasons, such as an interruption by call-waiting beep, person picking-up an extension line, and other factors, all of which are beyond the control of Gurulink.

(d) Subscriber acknowledges that non-dedicated Internet connections with Gurulink will automatically terminate if Subscriber has not made a request within fifteen (15) minutes; or if the Subscriber has been connected for more than four (4) hours. Subscriber shall not devise any method of automatically requesting information for the purpose of maintaining a connection; all requests for websites shall be legitimately made.

(e) Subscriber acknowledges that while Gurulink's service has unlimited dial-ups, if Subscriber should use Gurulink's service beyond the average customers usage (200 hours per month), Gurulink has the right to council with the Subscriber on their use, charge for additional hours, or terminate Subscriber's service.

(f) Subscriber acknowledges that a single Subscriber account entitles Subscriber to one (1) simultaneous Internet connection, unless otherwise agreed in writing by Gurulink. Violations may, at Gurulink's option, result in termination of the account.

13. Privacy / Security:

Gurulink reserves the right to correct system errors using means, including but not limited, to examining logs and other records, accessing an account mailbox, or other various means necessary to ensure proper functioning of systems. Gurulink does not guarantee the security of any eMail or other data on the system including that transmitted using secure servers. Gurulink assumes no liability for the loss of private or confidential information or material. Subscriber's should be aware that no computer system/network is safe from system failures or intrusions by unauthorized parties, and therefore no sensitive material should be passed through or stored in the network. Gurulink will endeavor to provide the latest security measures.