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RTech Solutions, Inc. Terms of Use
This agreement represents the complete agreement
and understanding between RTSHosting.com (hereinafter called
RTECH SOLUTIONS, INC.) and the customer (hereinafter called
Account Holder) and supersedes any other written or oral
agreement. RTECH SOLUTIONS, INC. reserves the right, in its
sole discretion, with or without notice, may modify, these
terms and conditions, amplify them, and/or modify the prices,
as well as discontinue or change the services offered. Account
Holder must comply with RTECH SOLUTIONS, INC.' current "Terms
and Conditions," as updated from time to time by RTECH
SOLUTIONS, INC., which can be viewed at RTECH SOLUTIONS,
INC. web site.
Submission of your account order shall constitute your
acceptance of these Terms and Conditions.
1. Provision of services
a. Service means - Any act of serving the ACCOUNT HOLDER, being provided by RTECH
SOLUTIONS, INC., regardless of its duration and whether it's a paid service or
a free service.
b. Without limiting the scope of item 1.a. above, RTECH
SOLUTIONS, INC. will provide services on its host computing
systems, shared server to individual ACCOUNT HOLDERS in
exchange for payment of fees and compliance with the terms
and conditions of this document.
c. RTECH SOLUTIONS, INC.'s fee does not include the initial
domain registration fee and renewal fee thereafter, or
any other regional registrar domain registration fees.
e. Be advised that upon registering a domain name, you
will be subject to the Terms and Conditions of InterNIC
or other registries as applicable.
2. Use of Services
a. The ACCOUNT HOLDER agrees to use the services provided
by RTECH SOLUTIONS, INC. as permitted by applicable local,
provincial, state, and federal laws. The ACCOUNT HOLDER
agrees, therefore, not to use these services to conduct
any business or activity or solicit the performance of
any activity that is prohibited by law, libelous, or against
any RTECH SOLUTIONS, INC. policy.
b. RTECH SOLUTIONS, INC. reserves the right to refuse
service to any new or existing customers.
c. The ACCOUNT HOLDER is solely responsible for any legal
liability arising out of, or relating to, his/her web site
at RTECH SOLUTIONS, INC.. The ACCOUNT HOLDER represents
and warrants to RTECH SOLUTIONS, INC. that it holds the
necessary rights to permit the use of any of the items
on his/her web site, and, that the use, reproduction, distribution,
transmission or display of any data to the public, and
any material to which the public can link through, or any
products of services made available to the public through
his/her web site, will not -
- violate or potentially violate any criminal laws
or any rights of any third parties, including, but
not limited to, such violations as infringement or
misappropriation of any copyright, patent, trademark,
trade secret, music, image, or other proprietary or
property right, false advertising, unfair competition,
defamation, business or personal dispute or argument,
invasion of privacy or rights of celebrity, violation
of any anti discrimination law or regulation, or any
other right of any person or entity, or any personal
or business argument or dispute; or
- contain any material that is: unlawful, harmful, fraudulent,
libelous, slanderous, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially,
ethnically, disputatiously, argumentatively or otherwise
objectionable, including, without limitation, any material
that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise
violate any applicable local, provincial, state, national
or international law. ACCOUNT HOLDER agrees to indemnify
and to hold RTECH SOLUTIONS, INC., and any third party
entities related to RTECH SOLUTIONS, INC., harmless
from and against any and all liability, loss, damages,
claims, or causes of action, including reasonable legal
fees and expenses arising out of or related to:
- The ACCOUNT HOLDER's breach of any of the forgoing
representations and warranties, or
- any other third party claim with respect thereto.
d. The ACCOUNT HOLDER understands and agrees that hosting
of the ACCOUNT HOLDER's web site is at the sole discretion
of RTECH SOLUTIONS, INC.. RTECH SOLUTIONS, INC. may at
its sole discretion discontinue web site hosting service
to any ACCOUNT HOLDER operating a web site that RTECH SOLUTIONS,
INC. deems to be in violation of Section (3c.) of these
Terms and Conditions.
e. RTECH SOLUTIONS, INC. accounts cannot be transferred
or used by anyone other than the ACCOUNT HOLDER. ACCOUNT
HOLDER may not sell, lease, rent or assign the connection
or parts of the connection to any party not named in this
agreement.
f. Use of other organizations networks or computing resources
is subject to their respective permission and usage policy.
3. Use of Material
a. Public Domain materials (e.g., images, text, and programs)
may be downloaded or uploaded using RTECH SOLUTIONS, INC.
services. ACCOUNT HOLDERS may also re-distribute materials
in the public domain. The ACCOUNT HOLDER assumes all risks
regarding the determination of whether the material is
in the public domain.
b. As provided by United States federal law, Canada federal
law and by International law, copyrighted materials (e.g.,
images, text, and programs) may not be uploaded using RTECH
SOLUTIONS, INC. services without the permission of the
copyright holder. Copyrighted materials may be downloaded
for personal use. Except as expressly permitted, materials
under copyright may not be distributed to others. Copyrighted
material may not be changed nor can the author attribution
notices nor the copyright notices be modified.
4. Password Security
The ACCOUNT HOLDER agrees to maintain a secure password to the account.
Secure passwords are those that are between 6 and 12 characters long,
contain upper and lowercase letters, numbers or other characters. The
ACCOUNT HOLDER is solely responsible for changing its password as required
to assure secure access to its account.
5. Indemnification
The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify
RTECH SOLUTIONS, INC., its Parents, Subsidiaries, Affiliates, Executives,
Directors, Officers, Managers, Employees, Successors, Assigns, Consultants
and Agents, from any claims, including attorney's fees, resulting from
the ACCOUNT HOLDER's use of RTECH SOLUTIONS, INC.'s services.
6. LIMITED LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND
UNDER NO LEGAL THEORY SHALL RTECH SOLUTIONS, INC. BE LIABLE TO THE
ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE,
COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF
THE USE OF, OR INABILITY TO USE, ANY OF RTECH SOLUTIONS, INC.'S SERVICES,
EVEN IF RTECH SOLUTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL RTECH SOLUTIONS, INC.'S LIABILITY EXCEED
THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY
AND RISKS IS REFLECTED IN THE PRICE OF RTECH SOLUTIONS, INC.'S SERVICES.
b. The ACCOUNT HOLDER acknowledges that RTECH SOLUTIONS,
INC. makes an honest effort to keep the information available
on RTECH SOLUTIONS, INC.'s systems accurate. However, RTECH
SOLUTIONS, INC. can make no warranty of any kind, either
expressed or implied, regarding the quality, accuracy,
or validity for the data and/or information available.
Use of information obtained from or through RTECH SOLUTIONS,
INC. is at the risk of the ACCOUNT HOLDER.
c. The ACCOUNT HOLDER acknowledges that the information
available through the interconnecting networks may not
be accurate. RTECH SOLUTIONS, INC. has no ability or authority
over the material. RTECH SOLUTIONS, INC. can make no warranty
of any kind, either expressed or implied, regarding the
quality, accuracy, or validity of the data and/or information
residing on or passing through these networks. Use of information
obtained from or through RTECH SOLUTIONS, INC. services
is at the risk of the ACCOUNT HOLDER.
d. The ACCOUNT HOLDER understands, agrees and acknowledges
that RTECH SOLUTIONS, INC. makes an honest effort to provide
the ACCOUNT HOLDER with Technologies, Developments and
Innovations that part of them are being licensed, or co-branded,
from or by, third-party entities. However, RTECH SOLUTIONS,
INC. can make no warranty of any kind, either expressed
or implied, regarding the quality, accuracy, reliability
or validity for the application(s), data and/or information
involved in such items. RTECH SOLUTIONS, INC. specifically
disclaims all warranties of merchantability and and fitness
for a particular purpose. The use of these application(s),
data and/or information obtained from or through RTECH
SOLUTIONS, INC., or any other referred third-party, directly
or indirectly, is at the risk of the ACCOUNT HOLDER.
e. The ACCOUNT HOLDER understands, agrees and acknowledges
that RTECH SOLUTIONS, INC. will use its best efforts to
maintain a full time Internet presence for ACCOUNT HOLDER.
The network may be down due, but not limited to, utility
interruption, equipment failure, natural disaster, acts
of God, or human error. ACCOUNT HOLDER agrees that these
events may or may not occur and ACCOUNT HOLDER will hold
RTECH SOLUTIONS, INC., its Parents, Subsidiaries, Affiliates,
Executives, Directors, Officers, Managers, Employees, Successors,
Assigns, Consultants and Agents, free and harmless from
any damages incurred in any event of any type of loss resulting
from any reason whatsoever. Uses of RTECH SOLUTIONS, INC.
service is at the risk of the ACCOUNT HOLDER.
7. Payment of fees and penalties
a. The RTECH SOLUTIONS, INC. billing cycle renews each month on the accounts
anniversary.
b. Service payments will be charged in advance of receiving
services.
c. The service contract will be automatically renewed
at the end of its term and the service payment for the
renewal term will be charged automatically to ACCOUNT
HOLDER's credit card without "RTech Solutions, Inc." obtaining
ACCOUNT HOLDER's permission after the initial charge.
ACCOUNT HOLDER shall notify RTECH SOLUTIONS, INC. of any
changes in credit card number or expiration date. If the
card is not honored for any reason, RTECH SOLUTIONS, INC.
will attempt to notify the ACCOUNT HOLDER by using the
e-mail address on file. It is the ACCOUNT HOLDER'S responsibility
to keep a valid e-mail address on file with RTECH SOLUTIONS,
INC.. If alternative payment arrangement has not been made
within 7 days, the account will be terminated. ACCOUNT
HOLDER'S credit card information will be kept on file throughout
the length of the account's billing cycle or until ACCOUNT
HOLDER cancels account. Upon account cancellation, ACCOUNT
HOLDER's credit card information will be destroyed.
d. Payment is due at beginning of each accounting cycle.
e. Overdue accounts are those that remain unpaid 7 days
after beginning of accounting cycle.
f. Accounts that are overdue are put on "suspension" and
may not be used. Accounts that are unpaid for 15 days
will be terminated immediately with or without notice.
g. There is a service reconnection charge equal to the
currently charged setup fee to reactivate accounts from
suspended status.
h. The ACCOUNT HOLDER acknowledges responsibility for
the account until payment in full is made.
ii. There is a $25.00 service charge for each check
that is not honored.
j. The ACCOUNT HOLDER will be charged for excessive bandwidth
usage(above the relevant allowance of the chosen service
package). It is the ACCOUNT HOLDER responsibility to monitor
the amount of bandwidth of his/her account, on a daily
basis. RTECH SOLUTIONS, INC. has no obligation to warn
the ACCOUNT HOLDER regarding the excessive bandwidth usage.
k. No refund on all paid and pre-paid services after the
first 30 days of account activation.
8. "CANCELLATION" Requests
This agreement will commence upon the ACCOUNT HOLDER's acceptance of
it and continue on a month-to-month basis.
a. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY
- "CANCELLATION" requests for RTECH SOLUTIONS,
INC. accounts must be sent to sales@hostmatters.com and
received by RTech Solutions, before the 15th of each month,
in order to be processed by the end of the same month.
b. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis
(3 and 12 months) - "CANCELLATION" requests
for RTECH SOLUTIONS, INC. accounts must be sent to sales@hostmatters.com and
received by RTech Solutions, 15 days before the account's
anniversary date, in order to be processed before anniversary
date. This will prevent an automatic renewal and charge.
c. All RTECH SOLUTIONS, INC. accounts must be paid in
full before the transaction will be considered complete.
d. Cancellations after the first 30 days of account activation
will NOT generate ANY refund.
9. Abuse of Services
a. Any use of RTECH SOLUTIONS, INC. system resources that disrupts the
normal use of the system for other RTECH SOLUTIONS, INC. customers is
considered to be abuse of system resources and is grounds for administrative
intervention. Some examples of system abuse include, but are not limited
to, spawning dozens of processes, consuming excessive amounts of memory
or CPU for long periods of time, overwhelm the server with heavy CPU
usage from highly active CGI scripts or chat scripts, spamming or mass
emailing using internal or external mail and/or news servers. Without
limiting the scope of the above, RTECH SOLUTIONS, INC. forbids the storage
of illegal/pirated software, the use of any type of IRC bot and/or proxy
(including, but not limited to, bnc and eggdrop), the storage and use
of any type of software intended for hacking/cracking purposes and the
storage or sale of bulk email lists intended for spamming or resale purposes.
b. Depending on the nature and the severity of the abuse,
the user may receive an email warning or have his/her account
suspended by RTECH SOLUTIONS, INC. Technical Support. Spamming
activities will result in immediate termination of services
to Account Holder.
c. Unethical and criminal offenses are violations of RTECH
SOLUTIONS, INC. conditions of use. You are expected to
report to RTECH SOLUTIONS, INC. any information you may
have concerning instances in which the conditions of use
have been or are being violated. When RTECH SOLUTIONS,
INC. becomes aware of possible violations, we will initiate
an investigation. At the same time, in order to prevent
further possible unauthorized activity, RTECH SOLUTIONS,
INC. may suspend access to services to the individual account
in question. Confirmation of violations may result in cancellation
of the individual account and/or criminal prosecution.
The account suspension may be rescinded at the discretion
of RTECH SOLUTIONS, INC., following payment of a reconnection
charge equal to the current setup fee.
10. IP Addresses
RTECH SOLUTIONS, INC. maintains control and ownership of any and all
IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER
and reserves in its sole discretion the right to change or remove any
and all IP numbers and addresses. ACCOUNT HOLDER will have no right
to use the assigned IP numbers except as allowed by RTECH SOLUTIONS,
INC. in its sole discretion in connection with the plan ACCOUNT HOLDER
has selected, during the term of this agreement.
11. Assignment
The rights and liabilities of the parties hereto will bind and inure
to the benefit of their respective successors, executors and administrators,
as the case may be, provided that the ACCOUNT HOLDER may not assign
or delegate its rights and obligations under his business relationships
with RTECH SOLUTIONS, INC., either in whole or in part, without the
prior written consent of RTECH SOLUTIONS, INC.. RTECH SOLUTIONS, INC.
may assign its rights and obligations under this Agreement to a third
party in connection with a merger, consolidation, sale of all or substantially
all of RTECH SOLUTIONS, INC.'s assets or other corporate reorganization.
12. Governing Law/Severability
Any Agreement, arising from the business relationships between RTECH
SOLUTIONS, INC. and the ACCOUNT HOLDER, will be governed by and construed
in accordance with the laws of the State of Illinois, United States
of America, without reference to its conflicts of laws principles.
ACCOUNT HOLDER agrees that any litigation or arbitration between the
parties will take place in the State of Illinois, United States of
America, and consent to personal jurisdiction and venue in that state.
If any provision of that Agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the remainder of that
Agreement will continue in full force and effect.
13. Age of Majority
RTECH SOLUTIONS, INC. cannot accept agreements and payments from persons
under the age of 18 years. Therefore, RTECH SOLUTIONS, INC. requires
that its agreements be made with a person who is qualified to contract.
As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise,
a parent or guardian must accept this agreement and ensure the proper
payment.
14. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding
and agreement of the ACCOUNT HOLDER and RTECH SOLUTIONS, INC., relating
to the subject matter hereof, and supersedes all prior understandings,
agreements, representations and warranties relating to such subject matter.
Any waiver, modification, or amendment of any provision of this Terms & Conditions,
initiated by the ACCOUNT HOLDER, will be effective only if accepted
in writing and signed by RTECH SOLUTIONS, INC. |
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