Roaming Egg

Terms Of Service

Roaming Egg is a limited liability company providing a commercial gateway to the Internet. Roaming Egg's equipment and facilities may be used in all legal aspects of the Internet (these uses are referred to in this document as the 'Service'), subject to these Terms and Policies.

The Service is provided to authorized persons or organizations (referred to in this document as ‘Subscriber’ or 'you'). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

The rules contained in this agreement govern your use of the Roaming Egg Services.  Roaming Egg reserves the right, but is not obligated, to prohibit any conduct or to remove any materials or content in violation of the rules or which Roaming Egg believes in its sole discretion to be illegal or potentially harmful to others or may expose Roaming Egg to harm or liability.  Roaming Egg may suspend or terminate your use or Roaming Egg services for any reason at any time, including if it determines that you have failed to comply with any of the Rules.  Roaming Egg reserves the right to take or terminate the use of any user name or email address at any time.

2. Coverage.

These Terms and Policies apply to all persons who gain access through your account. A violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

3. Billing Policies.

Our billing policies are as follows:

Billing for Roaming Egg services occurs on a monthly basis.   If a payment is not received by it’s due date,  the following actions will be taken:

An email notice will be sent to the roamingegg.com or Corlink.com email account of the account holder.  If the account holder does not have a roamingegg.com or corlink.com email account, no email will be sent.   
Within five days of the delinquency, a phone call will be made to the phone number on file.
If the account is still delinquent after 10 days, the account will be suspended until payment is made in full on the account.

Paper Invoices:   For customers who choose to pay by mail, invoices will be mailed on either the 1st or the 15th of each month based on the billing cycle of the individual customer.   Payments are due 15 days from the invoicing date.

Returned Payments:   Any Check or ECheck (ACH) that is returned by your financial institution will incur a $25 service fee.

Reactivation:   A $20 re-activation fee will be charged to re-activate an account that has been suspended for delinquent payments.

4. Term.

The Service is provided to you on a month-to-month basis.  Roaming Egg must receive notice of termination (which may be by first-class mail, e-mail or a telephone call) from you if you wish to terminate your account, or the Service will be provided and charged to you (even if you do not use it).  All termination notices must be received prior to your billing date, or your service will be terminated on your billing date the following month.   Roaming Egg does not issue pro-rated refunds.

5  Acceptable Use

You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Roaming Egg

to suspend or terminate your account without refund. You agree that Roaming Egg has the right, with or without notice, to suspend or terminate your account without refund upon the first or subsequent occurrence of any of the following:

Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);

Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ('spamming') or participating in 'Spam Support Services' as defined by MAPS (http://www.mail-abuse.org/rbl/candidacy.html);

Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;

Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter;

Attempting, in any way, to interfere with or deny service to any user or any host on the Internet;

Engaging in harassment, whether through language, frequency, or size of messages;

Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

Roaming Egg user accounts are for individual users and the Subscriber therefore agrees not to share the password of the account. The Subscriber acknowledges that Roaming Egg may suspend the account if the Subscriber does not comply.

Personal and Business dialup unlimited accounts are for the unlimited active usage of one Subscriber only. Active usage is defined as a human being sitting at a computer actively using the service, and does NOT include leaving systems idle for excessive periods of time, leaving systems online for others' use as file servers, or relying on an automated process to keep a dialup connection active.

6.  Policy to Terminate Use of Services for Copyright Infringement

Persuant to 17 U.S.C § 512 as amended by Title II of the Digital Millennium Copyright Act, Roaming Egg will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.   After proper notification by the copyright holder or its agent to Roaming Egg and later confirmation through court order or an admission by the subscriber than an account has been an instrument of unlawful infringement, Roaming Egg will terminate the infringing subscriber’s account.   Roaming Egg may also in its sole discretion decide to terminate a subscriber’s account prior to that time if it has good faith belief that infringement has occurred.  In addition, persuant to 17 U.S.C § 512©, Roaming Egg has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

If you believe that your copyright has been infringed through the use of a Roaming Egg account, please contact Roaming Egg via mail at:

7. Liability.

You agree that use of the Service is at your own risk.  Except for information, products, or services clearly identified as being supplied by Roaming Egg, neither Roaming Egg nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Roaming Egg neither endorses nor is responsible for the accuracy or availability of third-party material(s), and you agree that Roaming Egg is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).

You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Roaming Egg's equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Roaming Egg and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

YOU UNDERSTAND AND AGREE THAT ROAMING EGG IS NOT RESPONSIBLE FOR FEES INCURRED BY YOUR TELEPHONE COMPANY WHILE USING OUR SERVICE, 
INCLUDING BUT NOT LIMITED TO LONG DISTANCE, LOCAL TOLL AND MONTHLY TELEPHONE FEES.

You agree to be liable for any damages or loss of service which results in damages to Roaming Egg as a result of any violations of Section 5 above.  These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements.  You agree that Roaming Egg may pursue any such claims against you in District Court in Harrisonburg, Virginia.

You agree that in no event will Roaming Egg have financial liability to you in excess of the dollar amount remaining on your current service period.

8. Warranty.

ROAMING EGG MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD ROAMING EGG ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY ROAMING EGG OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY ROAMING EGG ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; ROAMING EGG DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.  ROAMING EGG DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

9. Content.

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Roaming Egg has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

10. Privacy.

Roaming Egg commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Roaming Egg will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Roaming Egg may provide aggregate data on Subscribers to third parties in the operation of Roaming Egg's business.

11. Governing Law.

These Terms and Policies are governed in all respects under the laws of the State of Virginia.

12. Amendments.

These Terms and Policies may be amended in any respect at any time by Roaming Egg upon the posting of the amended Terms and Policies on the legal section of the Roaming Egg web-page. Your continued use of the Service will be deemed consent to any such amended Terms and Policies.  If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Customer Service.