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Terms of Use
This agreement represents the complete agreement and understanding
between New Ramp Network and its affiliates (hereinafter
called the Provider) and the account holder (hereinafter
called Customer) and supersedes any other written or oral
agreement. The Provider reserves the right to modify this
agreement at any time, effective upon posting of the modified
Policy at
http://www.newramp.com/terms.asp
If you do not agree to these terms and conditions, please
notify our Billing Department so we can initiate a closure
of your account. USE OF YOUR ACCOUNT shall constitute your
approval. |
- The Provider makes no guarantees of service of any kind,
whether expressed or implied, for the service it is providing.
The Provider also disclaims any warranty of merchantability
or fitness for a particular purpose. The Provider will not
be responsible for damages the Customer suffers. This includes
loss of data resulting from delays, non-deliveries, misdeliveries,
or service interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of third parties.
The Provider agrees to maintain and provide the highest
level of service possible, and to maintain a good-faith
relationship with the Customer.
- Services provided to the Customer by the Provider may
only be used for lawful purposes. Transmission or publication
of any information, data or material in violation of any
U.S. Federal or state regulation or law is prohibited. This
includes, but is not limited to, material protected by copyright,
trade secret or any other statute, threatening material
or obscene material. The Provider reserves the right to
remove any and all materials which infringe on copyright
work. Such materials may be removed at any time upon receiving
a complaint and or notice of copyright infringement. The
Provider agrees that in except for extreme cases, customers
will be contacted prior to disconnection of service. In order to
preserve the quality and integrity of the New Ramp Network,
the hosting of "IRC" or "Shell" servers is not permitted.
- Customer agrees to defend, hold harmless and expeditiously
indemnify the Provider from any liability, claim, loss,
damage or expense arising out of the indemnifying party's
breach or violation of any covenant contained in this Policy
and resulting from the Customer's use of the service.
- The Provider accounts cannot be transferred or used by
anyone other than the subscriber and authorized account
sub-users. Customer may not sell, lease, rent or assign
the connection or parts of the connection to any party not
named in this Policy, unless the Provider’s plan allows
such service. Customer may allow ftp access to its server
and host web sites for its customers without violating this
Policy.
- The Provider reserves the right to cancel service for
any reason without prior notice. In case of cancellation,
unused fees may be returned to the subscriber on a pro-rata
basis.
- If Customer re-registers after the Provider's cancellation
of the account without the Provider's written consent, the
Provider will cancel Customer's account and all dues and
fees paid to date regardless of whether service has been
rendered will be forfeited. Additionally, any amounts due
will be immediately payable.
- Domain registration fees are not refundable.
- If Customer cancels less than (30) days into a payment
period, all unused fees may be returned to the subscriber
on a pro-rata basis. For hosting accounts that include
a free domain name(s), a $12 charge will be assessed to
cover the cost of the domain name registration. Customer
will retain the ability to access the domain name and
have the option to point it to another hosting provider,
providing this fee is paid.
- Customer agrees not to utilize the Provider service,
network, equipment or email addresses in connection with
the transmission of the same or substantially similar unsolicited
message. Customers responsible for violating this clause
of the Provider's Terms and Conditions will be fined $200
per message, due immediately. Payment by Customer under
this provision shall not prevent the Provider from seeking
other legal remedies against Customer.
Again, if any Customer is involved
with "spam" sent
from our network, and/or spam sent from other networks
attempting to advertise the Customer's site or service
hosted on the Provider's network, the Customer agrees
to be fined $200 per message, due immediately.
- Customer agrees not to transmit, promote, or otherwise
make available any software, product or service that is
either illegal or designed to violate this Agreement. Such
software, products or services include, but are not limited
to, programs designed to send unsolicited advertisements
(i.e. "spamware") and services which send unsolicited
advertisements.
- The Provider requires that its agreements be made with
a person who is qualified to contract. As such, subscriber
must be over the age of eighteen (18) years. Otherwise,
a parent or guardian must accept this agreement and enclose
the proper payment. The Provider cannot accept payments
from persons who are not at least eighteen (18) years of
age, nor can we accept agreements from persons who are not
at least eighteen (18) years of age.
- Customer shall ensure that its use of the Provider's
network services shall not disrupt the Provider, its associated
networks or equipment forming part of the systems. In instances
in which an excessive amount of system resources are utilized
by a subscriber, the Provider reserves the right to place
CPU process limits on the Customer's account, or a bandwidth
throttle, to prevent disruption of service to other customers.
Provider will make all attempts to contact Customer prior
to applying any traffic-slowing restriction to the Customer’s
account. Customer shall not transmit any communication where
the meaning of the message, or its transmission or distribution,
would violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message
may be mass distributed, "broadcast," or otherwise
sent on an intrusive basis to any Provider user or to any
directly or indirectly attached network. Use of the Provider's
connection in a manner that is disruptive, damaging, unlawful,
offensive, or intrusive as determined by the Provider shall
be considered a breach of this Policy and may result in
cancellation of service. This prohibition extends to sending
of unsolicited mass mailings from another service which
in any way implicates the use of the Provider's service,
the Provider's equipment or any site hosted on any Provider's
network.
- Customer warrants that any material submitted for publication
on the Provider does not violate or infringe any copyright,
trademark, patent, statutory common law or proprietary interest
of others or contain anything obscene or libelous. The Provider
reserves the right to remove any and all materials which
infringe on copyright work. Such materials will be removed
at any time upon receiving a complaint and or notice of
copyright infringement.
- If the Provider becomes aware of material that could
be infringing on a third party's copyright, it will initiate
an investigation. To conduct an investigation of copyright
infringement, the Complainant must submit at least two items.
First, Complainant must submit a claim in writing with the
applicable copyright or trademark registration number and
a copy of the underlying copyrighted work along with the
Customer's materials. Second, Complainant must offer a good
faith certification signed under penalty of perjury. This
certification must state that the work is the property of
the Complainant, that the work has been copied and that
use of the work is not defensible. With this information
in-hand, the Provider, at its discretion, may, at any time
deny access to the challenged material of Customer.
- Use of other organizations' networks or computing resources
is subject to their respective permission and usage policies.
- Use of the Provider's hosting services could involve
listing subscriber's participation in relevant directories,
and subscriber expressly grants permission for such listings.
- Any party seeking to report violations of the Provider's
policy may contact via e-mail: abuse@newramp.com.
- Transferring your domain to another provider does not
constitute canceling your account with the Provider. You
must notify the Provider to formally cancel your account
to avoid further charges.
- On occasion, the Provider may have a need to communicate
with Customer through e-mail issues related to billing,
as well as changes, additions and modifications to the network.
It is the responsibility of the Customer to check e-mail
sent to the e-mail address listed with the Provider.
- It is the responsibility of the Customer to contact the
Provider of any changes to their account, such as phone
number, address, credit card information, etc. Customer
will be required to provide verification for security purposes
authorizing them to make any changes to that account.
- All domain name registrations may be automatically renewed
30 days prior to expiration unless the Customer requests
otherwise in writing, and this communication is acknowledged
by the provider. The provider is not responsible for, and
makes no guarantee to notify the Customer of an impending
renewal or expiration of domain services. Any renewal notice
that may be received does not guarantee that the domain
will not be renewed nor does it guarantee that the Customer
will have the ability to stop the renewal subsequent to
30 days prior to the expiration of the domain. The Customer
is responsible for maintaining knowledge of all services
purchased from the Provider.
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