Terms of Service
RNP Consulting ("The Company") agrees to
furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of RNP Consulting Service constitutes acceptance and agreement
to RNP Consulting's AUP as well as RNP Consulting's
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of RNP Consulting, Inc. and AUP (Acceptable
Use Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall
not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Texas, county of Bexar applicable
to contracts enforceable in that state. Venue will be Bexar County,
Texas
Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any and
all subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who makes
a written request without further consent or notification to the
Subscriber. In addition RNP Consulting shall have the right to terminate
all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of
the service furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that the Company
may prospectively change the specified rates and charges from time
to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited
to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon
receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that month's
service.
Payments and Fees: Credit cards that are declined for any
reason are subject to a $1.00 declination fee. Service will be interrupted
on accounts that reach 10 days past due. Service interrupted for
nonpayment is subject to a $10 reconnect charge. Accounts not paid
by due date are subject to a $7.95 late fee. Accounts that are not
collectable by RNP Consulting may be turned over to an outside collection
agency for collection. If your account is turned over for collection,
you agree to pay the company a "Processing and Collection"
Fee of not less than $50 nor more than $150. If you desire to cancel
your account, please follow the proper procedure to do this as outlined
in this TOS.
Refund and Disputes: All payments to RNP Consulting are
nonrefundable. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in RNP Consulting's sole
discretion is a valid charge under the provisions of the TOS and
/or AUP, you agree to pay RNP Consulting an "Administrative
Fee" of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation: All requests for canceling accounts
must be made with at least 5 days notice but not more than 30 days
prior written notice and sent to billing@rnpconsulting.com
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other than
the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any
special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers within
1 business day. Due to unforeseen complications, however, this process
may sometimes require up to 7 business days.
Support Boundaries: RNP Consulting, provides only email
support to our subscribers. We limit our technical support to our
area of expertise. The following is our guidelines when providing
support: RNP Consulting provides support related to your virtual
site physical functioning. RNP Consulting does not offer tech support
for application specific issues such as cgi programming, html or
any other such issue. RNP Consulting does not provide technical
support for YOUR customers. If you can email, we encourage you to
email webmaster@rnpconsulting.com for assistance. Also, the Help
files in the program you are using may have the answer to your question
so please do investigate these resources before calling on tech
support.
SPAM and Unsolicited Commercial Email (UCE): RNP Consulting
takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of RNP Consulting may not use or permit others to use
our network to transact in UCE. Customers of RNP Consulting may
not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
Violation of RNP Consulting's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, RNP Consulting will initiate an immediate investigation
(within 48 hours of notification). During the investigation, RNP
Consulting may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation of
our SPAM policy, RNP Consulting may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, RNP Consulting
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. RNP
Consulting will notify law enforcement officials if the violation
is believed to be a criminal offense.
BEGINNING IMMEDIATELY, anyone
hosting websites or services on our servers that support spammers
or cause any of our IP space to be listed in any of the various
Spam Databases will have their website immediately removed from
our servers. This includes email that was not send through our mail
servers but DID promote a site that is on one of our servers. PLEASE,
DO NOT SPAM from your account
As our Customers are ultimately responsible for the actions of
their clients over the RNP Consulting network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
Network
IP Address Ownership: If RNP Consulting assigns Customer
an Internet Protocol address for Customer's use, the right to use
that Internet Protocol address shall belong only to RNP Consulting,
and Customer shall have no right to use that Internet Protocol address
except as permitted by RNP Consulting in its sole discretion in
connection with the Services, during the term of this Agreement.
RNP Consulting shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Customer
by RNP Consulting, and RNP Consulting reserves the right to change
or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion.
Bandwidth and Disk Usage: Customer agrees that bandwidth
and disk usage shall not exceed the number of megabytes per month
for the Services ordered by Customer on the Order Form (the "Agreed
Usage"). RNP Consulting will monitor Customer's bandwidth and
disk usage. RNP Consulting shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken is
in RNP Consulting's sole and absolute discretion. If RNP Consulting
takes any corrective action under this section, Customer shall not
be entitled to a refund of any fees paid in advance prior to such
action.
System and Network Security: Users are prohibited from violating
or attempting to violate the security of the RNP Consulting Network.
Violations of system or network security may result in civil or
criminal liability. RNP Consulting will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization.
- Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such
User is not entitled.
Notification of Violation:
RNP Consulting is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related
activities.
First violation: Any User, which RNP Consulting determines
to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation.
The service may be subject at RNP Consulting's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
Second Violation: Users that RNP Consulting determines to
have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before attempting
to contact you. If we do this, we will contact you as soon as is
feasible.
Suspension of Service or Cancellation: RNP Consulting reserves
the right to suspend network access to any customer if in the judgment
of the RNP Consulting network administrators the customer's server
is the source or target of the violation of any of the other terms
of the AUP or for any other reason which
RNP Consulting chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is
not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's machines were suspended.
RNP Consulting reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of RNP Consulting
must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be
held responsible for the actions of your clients in the matter described
on these Terms and conditions. Therefore, it is in your best interest
to implement a similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
Indemnification: RNP Consulting wishes to emphasize that
in agreeing to the RNP Consulting Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
RNP Consulting for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in
loss to RNP Consulting or the bringing of any claim against RNP
Consulting by any third-party. This means that if RNP Consulting
is sued because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against RNP Consulting,
plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at
anytime without further obligation.
RNP Consulting takes no responsibility for any material input by
others and not posted to the RNP Consulting Network by RNP Consulting.
RNP Consulting is not responsible for the content of any other websites
linked to the RNP Consulting Network; links are provided as Internet
navigation tools only. RNP Consulting disclaims any responsibility
for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
RNP Consulting is not responsible for any damages your business
may suffer. RNP Consulting does not make implied or written warranties
for any of our services. RNP Consulting denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by RNP Consulting.
RNP Consulting reservers the right to send out periodic emails
with information to all our customers. This information will not
contain advertisement for third parties but will only contain information
about RNP Consulting and RNP Consulting activity
IRC Servers: RNP Consulting subscribers are not permitted
to run IRC servers on the RNP Consulting Servers.
Gambling: Online casino's or links to Online casino's are
not permitted on the RNP Consulting Servers
Adult Content: - RNP Consulting does
not allow any forms of adult content. When in doubt please
contact us.
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