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Terms
of Internet Access Agreement Customer agrees to use the
service in a manner consistent with any and all applicable local, state,
and national, and/or international laws. Use of RocketWeb Inc. for bulk
and/or unsolicited email, commercial or otherwise, is prohibited and
shall be cause for immediate account termination. All RocketWeb Inc. subscribers
agree to use only the email address as confirmed at time of sign up for
their "Return" and/or "Reply-To" Internet email
address. The use of a "fake" email address, email address
belonging to another Internet user, or no email address as a
"Return" and/or "Reply-To" Internet mail address is
prohibited and such use shall be cause for immediate account
termination. Customer agrees to utilize appropriate protocols for data transmissions. Email messages are limited to a maximum of 5 MB (5000K) incoming storage space. Customer shall be held liable
for any and all costs incurred by RocketWeb Inc. as a result of customer
violation of these terms and conditions: including but not limited to
attorney fees and costs resulting from Postmaster responses to
complaints from and cleanup of unsolicited commercial mailings and/or
unauthorized bulk mailings and/or news server violations. RocketWeb
Inc.’s current hourly rate for Postmaster responses to complaints and
cleanup of unsolicited commercial mailings and/or unauthorized bulk
mailings and/or news server violations is US $100 per hour, with a
minimum one (1) hour charge. Use of RocketWeb Inc. NNTP news
server for spamming is prohibited and shall be cause for immediate
account termination. Use of RocketWeb Inc. NNTP news server for software
distribution, cross-posting messages to more than 10 news groups, the
posting of off-topic messages to newsgroups, and/or as an advertising
medium is prohibited and shall be cause for immediate termination. The use of programs such as
packet sniffers, host and/or service monitoring, and other similar
programs is forbidden. RocketWeb Inc. monitors all network services
around the clock. For purpose of network use,
RocketWeb Inc. hereby
distinguishes Business Accounts to be any account held by a Sole
Proprietor, Partnership, Corporation, or any other entity engaged in an
ongoing "Business Enterprise" and Personal Accounts as an
account held by an individual for personal use, research, and
recreation. All account activations require the disclosure of intended
use, be it business, home business, or personal, and any account
contract, the resale, transfer, or trade of any RocketWeb Inc. Account
and/or Services is strictly prohibited. Inquires regarding
"Accounts for Resale" should be directed to the RocketWeb Inc.
Sales Manager. Personal Use Accounts receiving
storage space for a Personal Web Page are subject to certain use
restrictions for said personal page. A Personal page may be used for
personal Internet distribution of subscriber's personal information such
as: bio, resume, privately owned items for sale, hyperlinks to favorite
Web locations, and information to let the world know who you are and
what you think. A Personal Page, other than for personal
recommendations, may not be used for any business related activities
such as: advertising, sales, marketing, promotions, posting information
for other individuals or businesses, software FTP site, any illegal
activity, and any other activities prohibited by
RocketWeb Inc.’s terms and conditions. Under no circumstances will Personal Use or Business customers be permitted to re-sell RocketWeb Inc.'s Internet services. Customer is responsible for use
of account(s) and confidentiality of password(s). Billing Customer agrees to pay RocketWeb
Inc. all charges relating to use of Customer's Account(s). Customer
acknowledges that there is a 30 day minimum subscription period, which
means no full or partial refund of the initial month's service fee and a
cancellation fee will be levied if service is canceled within the
initial 30 day subscription period. Additionally, all cancellations
become effective at the end of the current billing period for monthly
subscribers or the end of the current billing month for quarterly,
Semi-annual or Annual subscribers. There are no refunds issued for a
partial period of service. RocketWeb Inc. reserves the
right to change its rates and/or services by notifying you 30 days in
advance of the effective date of change. Your service activation date
will be listed as the first day of your monthly, quarterly, or yearly
billing cycle, as appropriate. Customers with a quarterly or yearly
billing cycle will be invoiced one month prior to the end of their
current billing cycle for all standard base service rates, and payment
will be due not later than the first day of the next billing cycle.
Customers with a monthly billing cycle will be invoiced and have their
credit card of record charged on the first day of the next billing cycle
for all standard base service rates. If your payment instrument is
returned unpaid for any reason, including but not limited to over limit,
expired, or otherwise not available to make payment, you will be
notified of such by telephone and email. Checks and/or money orders that
are returned by the bank for any reason will incur a $25 returned check
fee. It is the sole responsibility of the customer to insure their
payment instrument information is maintained current and available for
payment of incurred fees. RocketWeb Inc. reserves the
right to suspend access to service for Customer's Account(s) upon an
indication of credit problems including delinquent payments. A
reconnection charge equivalent to applicable activation fees will apply
after payment of any outstanding balance for accounts over thirty (30)
days past due. If you default, you agree to pay RocketWeb Inc. its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions. Ownership/Copyright Information available on
rocketweb.net is the property of RocketWeb Inc., its Information
Providers, or other Customers. Customer shall not redistribute,
reproduce, or commercially exploit such information without express
written permission of its owner. Information Providers shall have
the right to assert and enforce such copyright provisions directly on
their own behalf. Customer submitting information
owned by Customer for distribution on RocketWeb Inc. grants RocketWeb
Inc. non-exclusive permission to distribute the information product
worldwide. Customers retain all rights Customer may have to such
information and should expressly state such rights in conjunction with
said information. Limitation
of Liability ALL SERVICES ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE
SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Neither RocketWeb Inc. nor its
Information Providers are responsible for any damages arising from
Customer's use of RocketWeb Inc. or inability to use. There is no
guarantee of message delivery. Email return receipts may be requested,
but there is no guarantee that the recipient's mail system will process
or even acknowledge these requests. RocketWeb Inc. is not
responsible for Customer's files residing on RocketWeb Inc. Customer is
responsible for independent backup of all such data at a site determined
by customer. RocketWeb Inc. cannot and does
not exercise any control whatsoever over the information passing through
its network or through the Internet. Due to the potential threat of
viral attack, RocketWeb Inc. highly recommends the practice of safer
computing to protect against computer viruses. RocketWeb Inc. is in no
way responsible for any data loss or damage arising from viral infection
from the Internet. Customers undertake browsing and downloading of
Internet files at their own risk. Consult with your local computer
reseller, systems analyst, consultant, and/or management information
systems personnel to determine the anti-viral protection program best
suited to your needs. RocketWeb Inc. is not
responsible for unauthorized access to your system, files or other data
by hackers, crackers or anybody else. RocketWeb Inc. strongly recommends
the use of some sort of firewall or personal firewall software. Customer is hereby warned that
some Internet sites accessible via RocketWeb Inc. allow posting,
retrieval, and/or electronic mailing of materials that may be considered
obscene or objectionable. RocketWeb Inc. is not responsible for
inadvertent or deliberate access to such material and cannot prevent
access of such material. It is recommended that each customer closely
monitors use of his/her account especially in the case of potential use
or misuse by minor children. Accounts for minor children must be opened
by a parent or legal guardian with their explicit consent. RocketWeb Inc. services may be
used only for lawful purposes. Transmittal of any material in violation
of any international, federal or state regulation is prohibited. This
includes, but is not limited to: copyrighted materials, material legally
judged to be threatening or obscene, or material protected by trade
secret. You agree to indemnify and hold harmless RocketWeb Inc. (AKA
rocketweb.net) from any claims resulting from your use of the service
which damages you or another party. Any access to other networks
through the RocketWeb Inc. must comply with the rules appropriate for
the other network. Violation of the rules of other networks is grounds
for account cancellation. This includes, but is not limited to, mass
Usenet posting, Usenet cross-posting, mass emailing, and/or the sending
of unsolicited commercial email. RocketWeb Inc. and its
affiliates shall not be liable under any legal theory (including tort or
contract) for any direct, indirect, incidental, special or consequential
damages in any way related to the product or services provided. RocketWeb Inc. technicians are
trained to deal with connectivity issues for our customers. RocketWeb Inc. is not
responsible for any hardware conflicts or failures
which may occur. RocketWeb Inc. is not liable for any third party
software, websites, or website contents. Operation RocketWeb Inc. reserves the
right to change its services without notice including but not limited to
access procedures, hours of operation, menu structures, commands,
documentation, and services offered. Notice of modifications to these
Terms and Conditions will be posted to this RocketWeb Inc. Web page.
Customers are encouraged to review the current Terms and Conditions of
Use on a regular basis. Customer's use of RocketWeb Inc. after such
notice shall constitute Customer acceptance of such modifications. Customer understands that
RocketWeb Inc. services may be interrupted for several reasons,
including but not limited to malfunctions, maintenance, improvement or
as required to protect network resources in the event of malfunctions or
misuse. Customer understands that he/she may not receive advance
notification of any such interruption of service. Scheduled outages will
be sent via email to all of our customers. RocketWeb Inc. shall not be
liable for any delay in or failure to perform the services caused by
circumstances entirely beyond its control such as those occasioned by
acts of God or other causes or which it could not have reasonably
foreseen or any other cause which similarly impedes the providing of
service. There will be no refunds for
scheduled or unscheduled service interruptions of less than 24 hours
duration. At its sole discretion, RocketWeb Inc. may elect to provide a
pro rata or additional/extension of service refund for service
interruptions of greater than 24 hours. RocketWeb Inc. is not
responsible for loss of service beyond the amount of time and the rate
of the data in question. Customer hereby agrees that any
material submitted for distribution on RocketWeb Inc. through Customer's
Account(s) does not violate or infringe upon any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything obscene, objectionable, or libelous. RocketWeb Inc. at its sole
discretion and judgment may immediately suspend Customer's access to the
service upon any breach of any of the Terms and Conditions by Customer,
including, but not limited to, refusal or failure to pay for services
provided or disruptive on-line behavior. RocketWeb Inc. reserves the
right at its sole discretion to delete any information entered into
RocketWeb Inc. computer systems by Customer. RocketWeb Inc. and its
authorized representatives shall retain the right, but shall not be
obligated, to review/accept/reject publicly viewable information. Customer agrees to NEVER MAKE
ANY CHANGES TO THE NETWORK WIRELESS CARD SETTINGS
OR ANY TCP/IP SETTINGS WITHOUT CONSULTING RocketWeb Inc. FIRST!
This could cause instability to not only your own machine but to other
RocketWeb Inc. customers as well. The customer agrees to assume all
liability for any damages to any other person or persons in the event
that unauthorized network changes are made. RocketWeb Inc. reserves the
right to delete Customer's personal files for which a storage fee has
not been paid and which have not been accessed for more than one (1)
month. RocketWeb Inc. reserves the
right to terminate access to service for any Customer Account(s) which
have been inactive for six (6) months or longer. RocketWeb Inc. reserves the
right to refuse and/or terminate service to anyone or any entity for any
reason at its sole discretion with or without notice. RocketWeb Inc. Web hosting
customers are required to sign a Web hosting contract which delineates
other terms and conditions.
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