General Provisions
Use of any RepeatServer.com Service constitutes acceptance and agreement to
RepeatServer.com's Acceptable Use Policy as well as RepeatServer.com TOS (Terms
of Service). RepeatServer.com provides Service on an "AS
IS" basis, and without warranty of any kind, whether express or implied,
including, but without limitation, any implied warranty of merchantability, or
fitness for a particular purpose.
User acknowledges
that the service provided is of such a nature that service can be interrupted
for many reasons other than the negligence of RepeatServer.com and that damages
resulting from any interruption of service are difficult to ascertain.
Therefore, Customer agrees that RepeatServer.com shall not be liable for any
damages arising from such causes.
RepeatServer.com
is not responsible for any damages your business may suffer. RepeatServer.com
does not make implied or written warranties for any of our services. RepeatServer.com denies any warranty of 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 RepeatServer.com.
RepeatServer.com
has the right to change prices, or add or delete product features of any
existing product or service. All orders are subject to acceptance by RepeatServer.com. RepeatServer.com has the right to discontinue products or services at
any time. RepeatServer.com reserves the right to amend its policies at any time.
Part of this policy was written under the framework of our parent provider's
required TOS.
Term
Customer agrees to a month to month contract term for services unless otherwise
agreed to in writing. The month to month contract for services is automatically
renewed each month in perpetuity subject to written cancellation by the
Customer.
Monthly Service
Fees
All services of RepeatServer.com are currently free of charge.
Cancellation
If for any reason you would like to cancel your service, please login to your account
and use the Account page for cancellation.
SPAM and
Unsolicited Commercial Email (UCE)
RepeatServer.com takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over the network. Very simply this means that
customers of RepeatServer.com may not use or permit others to use the network to
transact in UCE. Customers of RepeatServer.com may not host, or permit hosting
of, sites or information that is advertised by UCE from other networks.
Violation of
RepeatServer.com's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, RepeatServer.com will
initiate an immediate investigation (within 48 hours of notification). During
the investigation, RepeatServer.com may restrict Customer access to the network
to prevent further violations. If a Customer is found to be in violation of our
SPAM policy, RepeatServer.com may, at its sole discretion, restrict, suspend or
terminate Customer's account. Further, RepeatServer.com reserves the right to
pursue civil remedies for any costs associated with the investigation of a
substantiated policy violation. RepeatServer.com will notify law enforcement
officials if the violation is believed to be a criminal offense. If Customer is
found to be in violation of our SPAM policy, Customer shall not be entitled to a
refund of any fees paid in advance prior to such violation.
Bandwidth and Disk
Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month ordered by Customer (the "Agreed Usage"). RepeatServer.com
will monitor Customer's bandwidth and disk usage and will notify Customer if its
usage will likely exceed the Agreed Usage. RepeatServer.com 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 RepeatServer.com's sole and
absolute discretion. RepeatServer.com may, at its sole discretion, restrict,
suspend or terminate customer's account.
System and Network
Security
Users are prohibited from violating or attempting to violate the security of the
RepeatServer.com Network. Violations of system or network security may result in
civil or criminal liability. RepeatServer.com 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. If Customer is found to be
in violation of our System and Network Security policy, RepeatServer.com may, at
its sole discretion, restrict, suspend or terminate Customer's account. Customer
shall not be entitled to a refund of any fees paid in advance prior to such
action.
Suspension of
Service
RepeatServer.com reserves the right to terminate or suspend network member access
to any Customer if in the judgment of the RepeatServer.com network
administrators that the Customer's website is the source or target of a network
attack or is found to be in violation of any of the other terms of the AUP or
TOS or for any other reason which RepeatServer.com 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 account was suspended. If Customer is found to be in violation of any
RepeatServer.com policy, RepeatServer.com may, at its sole discretion, restrict,
suspend or terminate Customer's account. Customer shall not be entitled to a
refund of any fees paid in advance prior to such action. Abusive behavior of any
sort will not be tolerated and will be grounds for termination. RepeatServer.com
has the right to deny an order or service renewal for any reason RepeatServer.com chooses.
Data
RepeatServer.com agrees to use best efforts and commercially reasonable best
practices when deploying services related to data integrity, backup, security,
and retention. These services include, but are not limited to: hard drive
storage, raid hard drive arrays, network attached storage, storage area
networks, operating system installs, operating system reloads, customer portal
information, and other situations involving customer data. Customer assumes
ultimate responsibility for data integrity, retention, security, backup, and
ownership.
Identity Use
Customer agrees to use RepeatServer.com logo, RepeatServer.com information, and
related services in accordance to the approved marketing guidelines. RepeatServer.com agrees not to use Customer name, logos, or information without prior
written consent of Customer.
Laws
Customer agrees to abide by all local, state, and federal laws pursuant to
services delivered in Orlando, Florida, United States of America. Proper venue
for legal remedies shall be Orange County, Orlando, Florida. All contract terms
found herein shall be governed by Florida State Law or the Uniform Commercial
Code whichever may be applicable.
Mutual
Indemnification
Each party agrees to indemnify and hold harmless the other party, the other
party's affiliates, and each of their respective officers, directors, attorneys,
agents, and employees from and against any and all claims, demands, liabilities,
obligations, losses, damages, penalties, fines, punitive damages, amounts in
interest, expenses and disbursements of any kind and nature whatsoever
(including reasonable attorneys' fees) brought by a third party under any theory
of legal liability arising out of or related to the indemnifying party's actual
or alleged infringement or misappropriation of a third party's copyright, trade
secret, patent, trademark, or other proprietary right.
Limitation of
Liability
Except as described in the SLA, RepeatServer.com shall not be liable to Customer
for harm caused by or related to Customer's services or inability to utilize the
services unless caused by gross negligence or willful misconduct. Neither Party
shall be liable to the other for lost profits, direct or indirect, special or
incidental, consequential or punitive, or damages of any kind whether or not
they were known or should have been known. Notwithstanding anything else in this
Agreement, the maximum aggregate liability of RepeatServer.com and any of its
employees, agents or affiliates, under any theory of law shall not exceed a
payment of money not to exceed the amount paid by the customer for hosting
services for the (6) months prior to the occurrence of the event(s) giving rise
to the claim.
Arbitration
Any controversy or claim arising from service or related to
this contract or breach therein in excess of $500.00 shall be settled by
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. The resulting judgment rendered by a licensed
arbitrator shall be final and binding on the parties and may be entered in any
court having valid jurisdiction.