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.