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USE POLICY
Rndtuit.com
Client agrees to receive access to the Rndtuit.com network services
according to the following terms and conditions:
1. Selection of Service Plan.
Client will select one of the service plans offered by Provider, and
agrees to receive services according to the service plan selected.
2. Payment for Services.
Client will pay for services provided under this Agreement by credit
card authorization provided to Provider. When initiating service,
Client will be charged the published setup fee for the service plan
selected. Client's credit card will be charged for monthly payment
for services according to Provider's published schedule. If this
Agreement is terminated on some day other than the last day of the
payment schedule, Client will be obligated to pay for only the pro
rata portion of the monthly service plan charge for the month in
which the
service is terminated.
3. Term.
This Agreement may be terminated by Client or Provider at any time
without prior notice and without cause. If either party is in
default under this Agreement (including nonpayment), then the
non-defaulting party may also immediately terminate the Agreement
without prior notice to the other party.
4. Compliance with Law.
Client will use the services offered by Provider in a manner
consistent with all applicable local, state and federal laws and
regulations.
5. File Back-up.
Provider is not responsible for Client's files residing on
Provider's servers. Client is solely responsible for independent
backup of data stored on Provider's servers.
6. Prohibition of Publication of
Certain Material.
Client shall not knowingly or unknowingly submit to Provider for
publication any of the following material (including pictures,
links, or any other content):
(a) any material which violates or infringes any copyright,
trademark, trade secret, patent, statutory, common law or other
proprietary rights of others;
(b) any material that is libelous or slanderous; or
(c) any material which is or contains anything obscene or
pornographic;
(d) distribution lists to be used via unsolicited electronic mail or
other
mass electronic mailings including but not limited to:
mass-newsgroup
postings, SPAM and unsolicited email sent from your server, or any
other service on the Internet, which contains your domain name or
any
other domain name on our network.
Any violation of the above conditions will result in termination of
Client's account and a fine, not to be less than $20 and not to
exceed
$500, with the amount determined by the severity of the infraction,
and
the history of the spammer. If applicable, bandwidth consumed by the
spamming activities will also be billed for, at double the current
business price.
Due to the public nature of the Internet, all material submitted by
Client for publication will be considered publicly accessible.
Provider does not screen in advance Client's material submitted to
Provider for publication. Provider's publication of material
submitted
by Client does not create any express or implied approval by
Provider
of such material, nor does it indicate that such material complies
with the terms of this Agreement.
7. DISCLAIMER OF WARRANTIES.
PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS.
PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF
PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH
POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CLIENT IS
DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE
RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE,
BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES, DURING THE
PERIOD OF DISRUPTION OF MALFUNCTION.
8. Limitation/Disclaimer of
Liability.
Provider is not liable for protection or privacy of electronic mail
or other information transferred through the Internet or any other
network provider or its customers may utilize.
Provider does not represent or warrant to Client that Client will
receive continual and uninterrupted service during the term of this
Agreement. In no event shall Provider be liable to Client for any
damages resulting from or related to any failure or delay of
Provider
to provide service under this Agreement if such delays or failures
are due to strikes, riots, fire, inclement weather, acts of God,
theft or vandalism or other causes beyond Provider's control, as
defined by standard practices in the industry. Such failure or delay
shall not constitute a default under this Agreement.
9. Indemnity.
Client agrees to defend, indemnify and hold Provider harmless from
and against any and all claims, losses, liabilities and expenses
(including attorneys' fees) related to or arising out of the
services provided by Provider to Client under this Agreement,
including without
limitation claims made by third parties (including customers of
Client) related to any false advertising claims, liability claims
for products or services sold by Client, claims for patent,
copyright or trademark infringement, claims due to disruption or
malfunction of
services provided hereunder, or for any content submitted by Client
for publication by Provider, but excluding those related to the
negligence of Provider.
10. Resale of Provider's
Service.
If Client acts as a 'reseller' of the services provided by Provider
to Client hereunder, by Client providing similar services to its
customers, then all the terms of this Agreement shall provide to the
resale. Without limiting the foregoing, Client's obligations under
Section 9 ('Indemnity') shall apply to any and all claims made
against Client and/or Provider which arise out of the resale of
Provider's services.
11. Governing Law/Venue.
This Agreement shall be governed by the laws of the State of Nevada.
Venue for any action hereunder shall be in Clark County, Nevada.
12. Relationship of the Parties.
The parties intend that an independent contractor relationship will
be created by this contract, and that no partnership, joint venture
or employee/employer relationship is intended.
13. Taxes.
If any federal, state or local governmental entity with taxing
authority over the services provided under this Agreement imposes a
tax directly on the services provided by Provider to Client under
this Agreement (excluding any income, business and occupation,
capital gain, death or inheritance, or other indirect taxes), then
Provider may pass the direct amount of such cost on to Client, and
Client shall promptly pay such cost.
14. Waiver.
Any party's failure to insist on compliance or enforcement of any
provision of this Agreement shall not affect its validity or
enforceability or constitute a waiver of future enforcement of that
provision or of any other provision of this Agreement.
15. Attorneys' Fees.
If a legal proceeding is commenced to enforce or obtain a
declaration of rights under this Agreement, the prevailing party in
such proceeding shall be entitled to recover its reasonable
attorneys' fees
and costs incurred in the proceeding from the non-prevailing party,
as well as any reasonable attorneys' fees and costs that the
prevailing party incurred prior to commencing the proceeding.
16. IP Addresses.
Provider maintains control and any ownership of any and all IP
numbers and addresses that may be assigned to Client and reserves in
its sole discretion the right to change or remove any and all IP
numbers and addresses.
17. Cancellation.
In order to stop service, Client must follow the cancellation
procedure which can be obtained from Provider.
18. Anti-Spam
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