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R. G. Summers & Co. Hosting Terms - Acceptable Use Policy
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This agreement represents the
complete agreement and understanding between R. G. Summers &
Co. and the account holder (hereinafter called Customer) and
supersedes any other written or oral agreement. Upon notice
published on-line via R. G. Summers & Co., R. G. Summers &
Co. may modify these terms and conditions, amplify them,
and/or modify the prices, as well as discontinue or change
services offered.
If you do not agree to these terms and conditions, please
notify R. G. Summers & Co. so we can initiate a closure of
your account. USE OF YOUR ACCOUNT shall constitute your
approval.
1. R. G. Summers & Co. makes no warranties of any kind,
whether expressed or implied, for the service it is
providing. R. G. Summers & Co. also disclaims any warranty
of merchantability or fitness for a particular purpose. R.
G. Summers & Co. will not be responsible for damages the
customer suffers. This includes loss of data resulting from
delays, non-deliveries, mis-deliveries, or service
interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by R. G. Summers & Co.
may only be used for lawful purposes. Transmission or
publication of any information, data or material in
violation of any Canadian or 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. R. G. Summers & Co. reserves the right to remove
any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and
expeditiously indemnify R. G. Summers & Co. 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.
4. R. G. Summers & Co. 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.
5. Setup fees, if any, are not refundable.
6. Additionally, CUSTOMER agrees not to utilize the R. G.
Summers & Co., equipment or email address in connection with
the transmission of the same or substantially similar
unsolicited message.
7. 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.
8. R. G. Summers & Co. 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. R. G. Summers & Co. 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.
9. Customer shall ensure that its use of R. G. Summers &
Co.'s network services shall not disrupt R. G. Summers & Co.
or any parties associated with R. G. Summers & Co., 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, R. G. Summers & Co.
reserves the right to place CPU process limits on the
Customer's account to prevent disruption of service to other
customers. Customers 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 R. G. Summers & Co. user
or to any directly or indirectly attached network. Use of R.
G. Summers & Co.'s connections or connections of our
associates in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by R. G.
Summers & Co. or our associates 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 R. G. Summers & Co.' or our associates
service, R. G. Summers & Co.'s equipment, equipment of our
associates or any site hosted on any R. G. Summers & Co. or
associates network.
10. Customer warrants that any material submitted for
publication on R. G. Summers & Co. and our associates does
not violate or infringe any copyright, trademark, patent,
statutory common law or proprietary interest of others or
contain anything obscene or libelous. R. G. Summers & Co.
and our associates 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.
11. If R. G. Summers & Co. or our associates 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, R. G. Summers &
Co. and our associates, at its discretion, may, at any time
deny access to the challenged material of customer.
12. R. G. Summers & Co. and our associates will not host any
web site with
PORNOGRAPHIC contents or
any CASINO sites.
13. Use of other organizations' networks or computing
resources is subject to their respective permission and
usage policies.
14. Transferring your domain to another provider does not
constitute canceling your R. G. Summers & Co. account. You
must notify R. G. Summers & Co. to formally cancel your
account with R. G. Summers & Co. and our associates (if any)
to avoid further charges.
15.
R. G. Summers & Co. and our
associates
services are provided on prepaid basis. All payments have to
be made before beginning of the month. In case of nonpayment
of an account within a specified time,
R. G. Summers & Co. or our
associates may
levy a fine or cancel an account.
16. On occasion,
R. G. Summers & Co.
may have a need to
communicate with its customers 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 primary login e-mail address on the
account.
17. It is the responsibility of the customer to contact
R. G. Summers & Co.
of any changes to their account, such as phone number,
address, credit card information, etc. Customers will be
required to provide verification for security purposes
authorizing them to make any changes to that account.
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