TERM
This
Agreement between RISINGNET and the CUSTOMER shall remain in effect
between the parties unless otherwise canceled or modified by either
party in accordance with the terms and conditions set forth herein
and in Services attached
hereto and made a part hereof.
INVOICING
RISINGNET
won't issue any invoice for CUSTOMER for Credit Card payment,
it should be appear on CUSTOMER's Credit Card billing. Invoice
only send in Email format which included on your Email Notification
of Order.
*PERSONAL
CHECK payment only valid for UNITED STATES RESIDENT ONLY!!* CUSTOMER
should be aware with some insufficience check payment. If RISINGNET
found the blank / bounce check on payment, RISINGNET. has
a right to charge CUSTOMER for $20 fee or termination on the account.
CPU
USAGE
CUSTOMER
agrees that it shall not use excessive amounts of CPU processing
on any of RISINGNET'S servers. Any violation of this policy may
result in CUSTOMER'S immediate termination at the sole discretion
of RISINGNET. without prior notice. In the event that RISINGNET.
elects to terminate CUSTOMER on this basis, CUSTOMER shall be
entitled to a refund as set forth herein.
CUSTOMER WITH
WEB HOSTING ACCOUNT DOESN'T ALLOWED TO RUN ANY OF IRC BOTS AND
IRC ACTIVITIES ON THEIR ACCOUNT.
BANDWIDTH
USAGE
CUSTOMER
agrees that BAND WIDTH usage shall not exceed the number of megabytes
per month as set forth in Service attached hereto. This usage
shall be monitored by RISINGNET, and shall be measured on the
HTTP port. Any BAND WIDTH usage in excess of the agreed upon number
of megabytes per month may result in the immediate termination
of CUSTOMER at the sole discretion of RISINGNET, without prior
notice. In the event that RISINGNET, elects to terminate this
Agreement, pursuant to this provision, CUSTOMER shall not be entitled
to a refund.
BULK
E-MAIL AND SPAMMING
RisingNet has the Zero Tolerance Spam Policy.
Bulk email or Spamming is the sending of an unsolicited e-mail, generally an ad
of some sort, to anyone who has not specifically requested email from you.
Furthermore, Bulk email or Spamming is both prohibited in the RisingNet User
Agreement, and illegal under United States law. RisingNet's no-spam policy is strictly enforced.
If you use your RisingNet account, or servers to send e-mail to people who have
not asked for it, then you are spamming,
and your RisingNet account or servers will be shut down.
In the event that RisingNet terminates CUSTOMER pursuant to this provision,
CUSTOMER shall not be entitled to a refund.
Moreover, CUSTOMER shall be liable to RisingNet for any and all damages caused
as a result of CUSTOMER'S failure to comply with this provision.
TERMINATION
Either
party may terminate this Agreement without cause upon 30 days
written notice to the other party. E-Mail shall be deemed adequate
notice by either party. Nothing in this paragraph however shall
limit RISINGNET'S right to terminate CUSTOMER immediately and
without prior notice for improper use and violations as set forth
herein.
In
the event that RISINGNET. elects to terminate CUSTOMER as a result
of its improper acts and breach of the terms and conditions contained
herein, CUSTOMER shall not be entitled to a refund of the balance.
IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF THE SET
UP FEE.
In
the event CUSTOMER elects to terminate this Agreement, same shall
be considered a breach and CUSTOMER shall not be entitled to any
refund.
In
the event that RISINGNET. elects to terminate CUSTOMER without
cause, CUSTOMER shall receive a full refund of any balance. However,
if CUSTOMER terminates this Agreement without cause, and in accordance
with the notice provision set forth herein, there shall be NO
REFUND of the Set Up Fee or any remaining balance.
RISINGNET
reserves the right to suspend or terminate any account without
a refund upon discovery of its involvement in (including but not
limited to) the following actions or events:
- Transmission
of indecent materials to minors
- Infringement
of copyright laws
- Infringement
of intellectual properties
- Credit
card fraud
- Electronic
fraud
- Denial
of Service (DoS) Attack
- RisingNet does not permit war bots, xdcc bots, takeover bots, or abusive eggdrop bots run on RisingNet's servers.
- RisingNet does not permit our client use our service to protect the IRC channel which under takeover.
RISINGNET
reserves the right to charge a $200 cleanup fee for the following
policies violations (including, but not limited to):
- Intentional
or maliciously caused IRC bans.
- Abuse
the Internet such as flood etc.
- UCE (Unsolicited
Commercial Email / Unsolicited Bulk Email) cleanup
- Denial
of Service Attacks
- Serious
harassment.
LIABILITY
CUSTOMER
agrees that RISINGNET shall have no liability for the services,
data or information provided to the public on the Internet including
but not limited to any liability for consequential, indirect,
special or incidental damages, regardless of the success or effectiveness
of other remedies.
CUSTOMER
further agrees that RISINGNET shall not be liable for any damages
or losses sustained by CUSTOMER for business or other activities
conducted on the Internet including but not limited to consequential,
indirect, special or incidental damages.
CUSTOMER
agrees that it shall not hold RISINGNET liable for any loss of
business, lost opportunity, consequential, indirect, special or
incidental damages as a result of any interruption in service.
IN NO EVENT
SHALL RISINGNET'S LIABILITY EXCEED THE TOTAL VALUE PAID TO RISINGNET.
BY CUSTOMER.
REPRESENTATION
AND/OR WARRANTIES
RISINGNET
makes no representations and cannot guarantee that CUSTOMER'S
domain name does not infringe upon any trademarks, trade names,
service marks or other proprietary rights owned by a third party.
CUSTOMER shall not hold RISINGNET liable for any damages, injuries
or losses incurred by CUSTOMER as a result of any action instituted
by a third party.
SECURITY
CUSTOMER
understands that the Internet and other various networking communications
are not secure, unless explicitly specified as such. RISINGNET
MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN
NO EVENT SHALL RISINGNET, LLC. BE LIABLE FOR ANY DAMAGES OR LOSSES,
EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED
BY CUSTOMER. IN NO EVENT SHALL RISINGNET LIABILITY EXCEED THE
TOTAL COST OF THIS CONTRACT BETWEEN RISINGNET AND CUSTOMER.
APPLICABLE
LAWS
CUSTOMER
will ensure that its use of the Internet and any service provided
by RISINGNET to it complies with all applicable federal, state
and local laws and regulations, including but not limited to all
laws pertaining to copyright, trademark, proprietary information,
intellectual property rights, defamation, tortious interference
with business, invasion of privacy, and pornography*. In the event
that CUSTOMER violates this provision, RISINGNET shall have the
right to consider same a breach of this Agreement by CUSTOMER
which shall entitle RISINGNET to terminate CUSTOMER immediately
without prior notice.
*
It shall be within the sole discretion of RISINGNET to deem material
as pornographic or inappropriate.
INTEGRITY
OF INFORMATION
CUSTOMER
is solely responsible for validating the integrity of the information
and data it receives or transmits over the Internet.
ACCOUNT
SECURITY
CUSTOMER
shall be solely responsible for protecting the security of its
Internet account and usage. CUSTOMER'S password shall be considered
private information and shall not be disseminated or in any other
manner disclosed and/or transferred to third parties. RISINGNET
shall not be liable for any breach of security caused by CUSTOMER
or third parties. IN NO EVENT SHALL RISINGNET LIABILITY EXCEED
THE TOTAL COST OF THIS CONTRACT BETWEEN RISINGNET AND CUSTOMER.
RISINGNET
will use its best efforts to maintain the integrity and security
of CUSTOMER'S password.
DOMAIN
NAME OWNERSHIP
CUSTOMER
shall be responsible for all costs and fees associated with its
domain name including, but not limited to all costs and fees for
moving same. CUSTOMER shall make payment directly to the issuer.
Under no circumstances shall RISINGNET be responsible for this
cost.
LEGAL
ACTION
CUSTOMER
agrees to indemnify and hold RISINGNET harmless in any legal action
which arises as a result of CUSTOMER'S use of RISINGNET services,
without limitation or exception including, but not limited to
any action brought against CUSTOMER by a third party.
MODIFICATION
The
terms and conditions of this Agreement may be modified at the
discretion of RISINGNET with 30 days notice to CUSTOMER.
ENTIRE
AGREEMENT
This
Agreement supersedes all Agreements previously made between the
parties pertaining to the subject matter of this Agreement. There
are no other understandings or Agreements.
Failure
to properly notify RISINGNET via e-mail, telephone or regular
mail of your disagreement with the above terms and conditions
will constitute CUSTOMER'S acceptance of same.
RENEWAL
If
not canceled by CUSTOMER, this Agreement will automatically self-renew
after a one (1) or three (3) or twelve (12) month period
depend on the service period which is selected. RISINGNET CLAIM
THAT ONE MONTH TO BE 30 DAYS (So if you get a 3 month account,
you will have access for 90 days.)
CUSTOMER
with Credit Card payment will get automatically renewal on the
end of every period. CUSTOMER will be notified by E-MAIL for every
charges that automatically billed to Credit Card. CUSTOMER should
notified RISINGNET for any cancellation or termination
of every renewal contracts at least 7 days to the end of
contracts.
RISINGNET
won't refund any of charges which have been made to the renewal
of the contracts.
CUSTOMER'S
failure to properly notify RISINGNET of its objections to any
of the terms and conditions set forth herein shall constitute
CUSTOMER'S acceptance of same.
This
Agreement shall automatically renew itself for an additional TERMS
period unless otherwise canceled or terminated by either party
in accordance with the notice provision set forth herein.
In
the event this Agreement is automatically renewed, CUSTOMER agrees
to be bound by the Terms and Conditions currently in effect.
