This agreement represents the complete agreement and understanding between Raqz Networks and its affiliates (hereinafter called the Provider) and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. The Provider reserves the right to modify this agreement at any time, effective upon hosting of the modified Policy at http://www.raqz.net.
If you do not agree to these terms and conditions, please notify our Billing Department so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall institute your approval.
- The Provider makes no guarantees of service of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The provider will not be responsible for damages the Customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. The Provider agrees to maintain and provide the highest level of service possible, and to maintain a good-faith relationship with the Customer.
- Services provided to the Customer by the Provider may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. The Provider reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and or notice of copyright infringement. The Provider agrees that in except for extreme cases, customers will be contacted prior to disconnection of service. In order to preserve the quality and integrity of the Raqz Network, the hosting of "IRC" or "Shell" servers is not permitted.
- Customer agrees to defend, hold harmless and expeditiously indemnify the Provider from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
- Customer agrees not to utilize the Provider service, network, equipment or email addresses in connection with the transmission of the same or substantially similar unsolicited message. Customers responsible for violating this clause of the Provider's Terms and Conditions will be fined $500 per message, due immediately. Payment by Customer under this provision shall not prevent the Provider from seeking other legal remedies against Customer.
Again, if any Customer is involved with "spam" sent from our network, and/or spam sent from other networks attempting to advertise the Customer's site or service hosted on the Provider's network, the Customer agrees to be fined $500 per message, due immediately.
- Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
- The Provider requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise a parent or guardian must accept this agreement and enclose the proper payment. The Provider cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
- Customer warrants that any material submitted for publication on the Provider does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. The Provider reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
- If the Provider becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, the Provider, at its discretion, may, at any time deny access to the challenged material of Customer.
- Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
- Any party seeking to report violations of the Provider's policy may contact via e-mail: firstname.lastname@example.org.
- On occasion, the Provider may have a need to communicate with Customer through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the Customer to check e-mail sent to the e-mail address listed with the Provider.
- It is the responsibility of the Customer to contact the Provider of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.