2. Use of the Service
2.1 Generally. In order to use the Service (and to become a “User”), Living Stones will provide you with a Service account (“Account”) to become a registered user of the Service.
2.2 Living Stones Service Account. By using an Account, you represent and warrant to Living Stones that: (a) all registration information for your Account (including, but not limited to, your payment information) you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, login name, or password of another User. You agree to notify Living Stones immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, including, without limitation, any fees that accrue for any use of your Account.
2.3 Restrictions. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your Internet Protocol address (“IP address”) or Service connection with anyone, access the Service through unauthorized devices or authorize any other individual or entity to use the Service. You agree that sharing the Service outside of your contract agreement breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP address or other address, log-in name, or password that you use in connection with the Service. We will assign you an IP address each time you access the Service, and it may vary[JZ1]. You shall not program any other IP address into your device. The Service is only available per your Contract Agreement, and unless otherwise stated by Living Stones in writing, is not available outside of your Contract Agreement.
2.4 Hardware Requirements. Compatible computers are required to enable operation of the Service. If computers are not provided by Living Stones, you are responsible for any fees or charges associated with the device and the use of the device. You must ensure your device is compatible with the Service. It is your responsibility to make sure the device being used to connect to the Service has a Network Card connection and is connected properly to the Service.
2.5 Additional Service. Services in addition to the basic Service may be subject to additional terms. Living Stones Group will inform you of any such additional terms when you sign up for such services. Except as otherwise provided by such additional terms, any additional services will be considered part of the Service.
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3. Term and Termination
This Agreement will commence upon your first access to the Site or use of the Service and will remain in full force and effect unless and until (a) your Account is terminated as provided herein, or (b) you discontinue your use of the Service. You may terminate your Account at any time, for any reason by following the instructions on the Account web page. Living Stones Group may terminate your Account and/or stop providing the Service to you immediately:
(i) if you are in breach of this Agreement;
(ii) if Living Stones Group decides in its sole discretion to stop providing the Service generally; or
(iii) for any or no reason by giving you at least three (3) days of prior notice by sending an email to you at the email address in your Account.
If you terminate your Account or Living Stones Group terminates your Account pursuant to subsection “(i)” or “(ii)” above, Living Stones Group has no obligation to refund you any fees. If Living Stones Group terminates your Account pursuant to subsection “(iii)” above, Living Stones Group will refund you a pro rata portion (based on the proportion of days remaining in any subscription of more than one day) of the fees that you have paid for a subscription for the terminated Account. You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Living Stones Group will not have any liability whatsoever to you for any termination of your Account or Service, or related deletion of your information. Living Stones Group may modify, suspend or discontinue the Service at any time, for any reason, at our sole discretion.
4. Fees and Charges
4.1 General. Fees paid for the Service are non-refundable, except as noted in Section 3 above. You agree to pay to Living Stones Group all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription (e.g., one-time use, daily, monthly), taxes, and other charges (such as sales, use, excise, public utility and other taxes) levied by the government. Living Stones Group reserves the right to change the fees from time to time in its sole discretion. The fees for the Service are billed to the credit card you have specified for your payments for the Service. Living Stones Group is not responsible for any expenses or charges (for example for exceeding credit card limits) resulting from the fees and charges billed by Living Stones Group. Living Stones Group may, in its sole discretion, suspend or cancel delinquent Accounts and/or refuse the holders of such Accounts access to the Service.
4.2 Billing and Payment of Charges. You hereby authorize Living Stones Group (through its payment card processing service provider) to charge the credit card you provide in your Account. Living Stones Group will send you a receipt to your email address listed in your Account.
4.3 Recurring Charges. If you choose a recurring service, you agree that your credit card will automatically be charged by Living Stones Group (through its payment card processing service provider) each month in your subscription. If you wish to terminate the Recurring Service and avoid a charge for a subsequent month, you LivingSECURE™t do so at least seven (7) days before the monthly renewal date of your subscription. (The monthly renewal date is the same day of the month that you first subscribed). Living Stones Group will not send you a monthly statement. You may cancel the Recurring Service by contacting Living Stones Group LIVINGSECURE™ Customer Care (via phone: 1.877.XXX.XXX or email:LivingSECURE™itsupport@Living Stones Groupit.com). If you revoke authorization to charge your card, or if for any reason your card issuer does not pay Living Stones Group, Living Stones Group may suspend the Service or terminate this Agreement.
4.4 Price Adjustments. Living Stones Group may modify its prices at any time. If Living Stones Group modifies its price for a Recurring Service which renews automatically, Living Stones Group will give you notice of the new prices at least thirty (30) days before the beginning of the renewal term in which the prices will be effective. If you have received such a notice and do not cancel such Recurring Service as described in Section 4.3, you agree to the new prices and authorize Living Stones Group to charge your credit card accordingly.
4.5 Payment Dispute. If you believe you have been incorrectly charged, you LivingSECURE™t notify us of such disputed charges within the time provided for in your credit card agreement or you waive your right to dispute those charges. Please contact Living Stones Group LIVINGSECURE™ Customer Care at 1.877.XXX.XXXX or by email at email@example.com, so that we can review your account. Living Stones Group may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed LivingSECURE™ be sent to:
Living Stones Group, LLC
P.O. Box 245, Algonquin, IL 60102
5. Proprietary Rights. You acknowledge that all the intellectual property rights in the Service and the underlying technology, and all content on the Site are owned by Living Stones Group, or Living Stones Group’ licensors. All rights not expressly licensed are reserved. You agree not to reproduce (except to view content on the Site for your personal purposes), reverse engineer, modify, or create derivative works based on, the Service or Site content. Except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Service or provide the Service to any third party on a service bureau or time sharing basis or otherwise.
6. Acceptable Use and Conduct
6.1 Acceptable Use Policy. You hereby agree to comply with Living Stones Group’ acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):
a. Harm or threaten harm to persons or property;
b. Harass other persons;
c. Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
d. Engage in any fraud or misrepresentation;
e. Provide instructional information about illegal activities;
f. Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
g. Infringe or violate another person’s rights, including privacy and intellectual property rights;
h. Allow another person who has not paid for the Service to access or use the Service on his computer or device through your computer or device;
i. Access or display offensive content on your computer or device, in view of another person;
j. Knowingly distribute any virus or other malware;
k. Access any network or computer (including those providing the Service) in excess of the permission expressly granted to you;
l. Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties’ to the communications;
m. Attempt to decrypt any encrypted or scrambled communications;
n. Introduce software or automated agents into the Service; or
o. Attempt to impersonate any other person, including any Living Stones Group employees.
6.2 Breach. Living Stones Group reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate Living Stones Group’ Acceptable Use Policy or any other provision of this Agreement, including without limitation, refusing to provide access to and use of the Service to you, terminating your Account, reporting you to the applicable Roaming Partner, our other partners, or law enforcement authorities, and taking legal action against you.
6.3 Use Limits and Network Management. Living Stones Group’ goal is to ensure that every user has a great experience. Towards that goal, Living Stones Group may prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Service for certain applications. In times of heavy network usage, this may impact the functioning of high bandwidth applications. As with any mobile broadband network, speed may vary due to your device, atmospheric conditions, terrain, network capacity, and aircraft location. Content and uses requiring high bandwidth, such as multi-player gaming, file sharing, and streaming audio and video, may be given a lower priority and at times may be blocked or not work consistently. Service is available only when it is within the operating range of the Living Stones Group system. Actual Service coverage, speeds, and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed.
6.4 Content. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, imagery, graphics, data, or any other information provided to or by third parties as accessible through the Service or Third Party Services.
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7. Privacy and Security
7.2 Security. Neither Living Stones Group nor LIVINGSECURE™ guarantees security. If you use the Service to access your organization’s email or information, it is your responsibility to ensure that your use complies with your organization’s internal information technology and security procedures. We may, due to legal or contractual requirements, remove, block, filter, or restrict by any means, any materials or information (including but not limited to emails) that we or LIVINGSECURE™ considers to be actual or potential violations of the restrictions set forth in this Agreement, including, but not limited to those activities that may subject Living Stones Group, LIVINGSECURE™, or either of their customers to liability or danger.
7.3 Acknowledgement of Filtering and Restriction of Access to Pornography or Other Offensive or Objectionable Material. You specifically acknowledge and agree that Living Stones Group may, as a necessary incident of providing the Service, or as required or permitted by law, or as hereby expressly contemplated by this Agreement, use any advanced blocking technologies and other technical, administrative or logical means available to it, to identify, inspect, remove, block, filter, or restrict any uses, materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions on use set forth in this Agreement, including, but not limited to, those activities that may subject Living Stones Group or its customers to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable.
The Service is provided “As-Is” and as available. Living Stones Group, LIVINGSECURE™, and their Service providers, partners, and affiliates expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Living Stones Group, LIVINGSECURE™(and each of their service providers) make no warranty that:
(a) the Service will meet your requirements;
(b) the Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; or
(c) the results that may be obtained from the use of the Service will be accurate or reliable. Living Stones Group and LIVINGSECURE™ do not control any materials, information, products, or services on the Internet provided by third parties, some of which may be offensive to you. You assume full responsibility for assessing and evaluating the completeness, accuracy, and usefulness of all such materials, information, products, or services, and their merchantability and quality. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in Internet communications and technology, and Living Stones Group and LIVINGSECURE™ do not make any assurances or warranties relating to such risks.
You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are accessed, and consequently, your ability to use the Service to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that Living Stones Group and LIVINGSECURE™ shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services, and that Living Stones Group and LIVINGSECURE™ make no representations or warranties with respect to the Third Party Services.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Limitation on Liability
In no event shall Living Stones Group or LIVINGSECURE™ be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if Living Stones Group or LIVINGSECURE™ has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Living Stones Group’ and LIVINGSECURE™’ liability (Including but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Fifty US Dollars ($50) or the amounts you paid to Living Stones Group in the twelve (12) months prior to the accrual of the claim, if any.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to defend, hold harmless, and indemnify Living Stones Group, its subsidiaries, affiliates, officers, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service, due to or arising out of your violation of this Agreement and/or due to or arising from your breach of any provision of this Agreement.
11.1 Survival. The provisions under Sections 8, 9 and 10 will survive termination of this Agreement for any reason.
11.2 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) LivingSECURE™t be resolved exclusively by a court of competent jurisdiction, federal or state, located in Chicago, Illinois, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
11.3 Assignment. All or any of Living Stones Group’ rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of Living Stones Group’ assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Living Stones Group, and any attempt to do so is void.
11.5 Disclosures. Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. Parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available – see google.com/Top/Computers/Internet/Child_…
11.6 Copyright/Trademark Information. Copyright © 2010, Living Stones Group. All rights reserved. Living Stones Group® are registered trademarks of Living Stones Group. The copyrights, trademarks, trade names, logos, and service marks (“Marks”) displayed in connection with the Service and on the Site are Living Stones Group’ or LIVINGSECURE™’ property or the property of other third parties. You are not permitted to use these Marks without Living Stones Group’ prior written consent or the consent of such third party which may own the Marks.
11.7 Amendments. We may amend this Agreement from time to time. If we make material changes to the Agreement, we will notify you by sending you an email to the email address specified in your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Service after that time shall constitute your acceptance of the amended Agreement.
11.8 Notices. Living Stones Group may give legal notice to you by means of a general notice on the Service, electronic mail to your email address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All legal notices given by you shall be mailed to:
Living Stones Group IT Consulting
P.O. Box 245
Algonquin, IL 60102
©2018 Living Stones Group, LLC, all rights reserved.
All third-party trademarks are the property of their respective owners.