(510) 843-6389   1700 Martin Luther King Jr. Way Berkeley, CA 94709 support@lmi.net

Acceptable Use Polices & Disclaimers

LMi.net, Inc. General Policy
By opening an account with LMi.net, Inc., you agree to abide by all policies of LMi.net, Inc. These policies apply to all users of LMi.net, Inc. without exception; failure to adhere to the stated policies may result in termination of the account at the discretion of LMi.net, Inc.
LMi.net, Inc. reserves the right to change policies, services, and pricing. Your continued use of an account signifies acceptance of any and all policies and policy changes, and you may cancel if you do not agree with changes in policy, service, or pricing.
LMi.net, Inc. reserves the right to refuse to provide service to anyone.

Disclaimers
LMi.net makes no warranties of any kind, whether expressed or implied, for the service it is providing. LMi.net also disclaims any warranty of merchantability or fitness for any particular purpose. LMi.net will not be responsible for any damages consequential or incidental that you suffer or inflict on others. This includes but is not limited to loss resulting from computer viruses, delays, non-deliveries, mis-deliveries, or service interruptions caused by LMi.net or your errors or omissions. Use of any information obtained via LMi.net’s networks is at your own risk. LMi.net specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Privacy
LMi.net, Inc. is committed to preserving the privacy of its customers and protecting their personal data.
LMi.net does not actively monitor customer use of the Internet, customer email or other customer communications in the course of its regular operations. LMi.net is also strongly opposed to the use of third-party information-harvesting strategies and technologies such as unlawful wiretapping.

Acceptable Use Policy
Any prohibited or illegal activity that affects LMi.net, Inc., its agents, equipment or customers is punishable to the full extent of the law, and LMi.net Inc. will hold you responsible for any damage caused by your actions, whether intentional or unintentional. You are strictly prohibited from using your account other than as outlined in this Acceptable Use Policy and will be prosecuted to the full extent of the law if you do so illegally (see Enforcement section). LMi.net, Inc. makes no exceptions in enforcing this policy.
LMi.net, Inc., functions as a common carrier; our standard policy is to not monitor or interrupt our users’ activities, exert editorial control over their content, or censor them or their content. To protect the interests of LMi.net, Inc. and in the best interests of our customers, exceptions to this policy may be made under certain specific circumstances including but not limited to the following:
Illegal activities: The law requires LMi.net, Inc. to report any criminal activity that it becomes aware of to the appropriate authorities. It is the responsibility of the account owner to be familiar with current laws and regulations.
Email: Email accounts are for personal or business correspondence only. Unsolicited Commercial Email (otherwise known as UCE – or spam) is strictly prohibited and violators will have their accounts terminated immediately. Sending unsolicited email to one or more addresses regardless of how the addresses were obtained may be considered spamming and is grounds for account termination. Use of an LMi.net address or any address of a domain hosted by LMi.net, Inc. as a return address for replies to spam is similarly prohibited.
LMi.net, Inc. may at its discretion employ filtering techniques to block inbound email from known sources of spam and email abuse, and may also filter incoming email for known viruses.

Shell use: LMi.net, Inc. can provide shell access to its users on request. Shell access is an optional service and LMi.net, Inc. reserves the right to grant or revoke customer shell access at any time. To activate shell access, please call our technical support department. The shell server is a shared resource and shell access is intended for use only when a user is actively connected and using the connection. IRC bots, excessive use of resources, and network abuse are all prohibited. The use of any process or program intended to run while the user is not on-line is also prohibited.
Network abuse: Use of LMi.net, Inc. accounts or services for orchestration of or participation in any abuse of the LMi.net, Inc. or any other network, system or service is expressly forbidden and is grounds for account termination and possible legal action. Any action which interferes with the LMi.net or other networks or which affects the use of or access to any network is likewise expressly forbidden.
LMi.net, Inc. retains at all times the right to determine what constitutes network abuse. Examples include but are not limited to:
* Attempts to hack the LMi.net, Inc. network or any other network or systems
* Port scanning
* Use of ‘cracking’ software or techniques
* Dissemination of viruses or malware
* Provocation of attacks on the LMi.net, Inc. network or any other network
* Conduct which causes LMi.net, Inc. to be blocked by another provider or which causes LMi.net, Inc. to be placed on a “block list”
* Flooding LMi.net, Inc. or any other network with traffic for the purpose of disrupting service
* Mail bombing
Use of copyrighted material: LMi.net, Inc. is obligated to comply with the Digital Millennium Copyright Act of 1998 (DMCA). All web pages are subject to copyright law, and members are responsible for the content in their file space. Use of the World Wide Web, FTP, Newsgroups or any other services provided by LMi.net, Inc. to transfer copyrighted material in violation of applicable laws is prohibited and may result in termination of your LMi.net account.
Access to content: LMi.net, Inc. functions as a common carrier and does not censor. Material can be found on the Internet or in Usenet news groups, etc., that some viewers may find objectionable; LMi.net, Inc. is not responsible for any content available via LMi.net accounts or services. Any limitation of access to content is at all times the responsibility of the account holder and LMi.net, Inc. shall not be held responsible for access to material that an account holder deems inappropriate. We suggest that minors be supervised.
Accountability
The owner of any type of LMi.net, Inc. account or service will be held responsible for any abuse of that account or service, regardless of whether the owner was the actual initiator of the abuse. This includes for example but is not limited to: abuse of an email account or dialup add-on which is part of a customer’s account but which is used by a third party or abuse of a collocated server or collocation services by a third party, with or without the account owner’s permission.
Enforcement and remedy:
Violation of any terms set forth in this Acceptable Use Policy may result in one or more of the following, at the discretion of LMi.net, Inc.:
* Issuance of a warning
* Temporary suspension of service
* Billing to defray administrative costs incurred
* Termination of your services, account or accounts
* Legal action
If any activities or security problems involving an LMi.net account or LMi.net, Inc. customer’s services cause network outages, the owner of the account or service will be billed for network down-time.
Any account owner whose account is terminated for violation of the terms set forth in this Acceptable Use Policy will be required to pay any outstanding balances due, including any and all early termination fees. In instances where it is necessary to terminate a customer’s account, an administrative disconnect fee may also be applied.
LMi.net, Inc. will normally attempt to contact any user in violation of this Acceptable Use Policy before taking action, but depending on the circumstances or the severity of the violation action may be taken without prior notification. In this case, the user will be notified as soon as it is practicable.
No limitation
This acceptable use policy in no way limits the rights and remedies of LMi.net, Inc. At its discretion LMi.net, Inc. may take other actions it deems necessary to protect the integrity of its or other’s networks or to recover the costs of operation as pertain to identifying and removing violators of this acceptable use policy.
Dial-up Connection policy
Dialup accounts are intended for interactive use by a single individual. LMi.net, Inc. reserves the right to terminate idle connections, that is, connections that have been unused for 15 minutes. Personal accounts are limited to one login at any given time.
LMi.net, Inc. provides unlimited Internet access to its dial-up customers. “Unlimited Internet access” is defined as un-metered, on-demand dial-up access; this is different from dedicated (“always-on”) access. In order to ensure that dial-up services remain available to all dial-up customers, LMi.net, Inc. reserves the right to terminate any dial-up connection that exceeds twelve consecutive hours duration.

Technical Support Policy
The function of the LMi.net, Inc. technical support staff is to assist customers with initial connection, Internet browser and email account setup. Support is only available for computers running recent versions of Macintosh or Windows operating systems. LMi.net, Inc. does not offer over-the-phone tech support for issues such as cgi programming, Linux use, your web site, or any other issue not directly related to your networking software or to the basic functions of your web browser and email program. While at its discretion the support staff may sometimes assist our customers with non-connectivity or non-email issues, any such extra service is strictly ‘added value’ service and provision of such service does not obligate LMi.net, Inc. to continue to provide such service
LMi.net, Inc. will use its best efforts to provide all services to get your computer connected to the Internet but can not be held responsible for hardware or software malfunctions or assist in servicing or repairing your equipment. In such cases, the technical support staff will gladly refer you to outside sources for assistance. Customers should have a copy of their current operating system available when calling technical support; there will be limits to the amount of assistance that technical support representatives can offer if you do not have a copy of your current operating system. LMi.net, Inc. reserves the right to cease providing over-the-phone technical support to any customer.
You are entitled to free assistance with setting up your connection, an Internet browser (Firefox, Chrome or Safari) and an email client (although we may not be able to provde support for some obscure or outdated email clients) on one computer. Support is only available for computers running recent versions of the Macintosh or Windows operating systems. We offer telephone technical assistance Monday-Friday 8:30am – 6:30pm, Saturday 10am-5pm (closed major holidays).
If you can get online, we encourage you use our contact page to submit questions. The answers may also be in our support pages located at http://www.LMi.net/support/ – we encourage you to check there first. Also, the help files in the program you are using may have the answers to your questions so please do investigate these resources before calling tech support.