Carefully read the following terms and conditions
of this agreement. By accessing and using the
web hosting and electronic commerce services
and associated software of RTC Internet, Inc.
(“RTC Internet”), you (“Customer”)
indicate the acceptance of the following terms
and conditions and you agree to be bound by
them. IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT, DO NOT ACCESS OR USE THE RTC INTERNET
WEB HOSTING AND ELECTRONIC COMMERCE SERVICES
or associated software and promptly return the
complete package including the software to RTC
Internet.
This agreement constitutes the complete and
exclusive statement of the agreement between
you and RTC Internet with respect to the RTC
Internet web hosting and electronic commerce
services and associated software and SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT, oral or written,
and any other communications relating to the
subject matter of this agreement.
Now, therefore, in consideration of the mutual
covenants set forth herein, RTC Internet and
Customer agree as follows:
1.
Order Acceptance,
Payment.
a.
All orders are subject to acceptance
by RTC Internet. An order will be deemed accepted
by RTC Internet when RTC Internet provides confirmation
of the order to Customer. This may occur in the
form of a welcome email, letter delivered by USPS
and/or verbal approval.
b.
RTC Internet shall issue monthly
invoices or charge Customer’s credit/debit
card for the applicable set-up fees and monthly
fees according to the Package(s) (as defined below)
selected by Customer and provided by RTC Internet.
Such fees and charges shall include, without limitation,
the fees for connectivity, design services, and
charges by any and all third parties whose materials
are included as part of the Package(s). RTC Internet
reserves the right to change the amount of, or
basis for determining, any fees or charges and
institute new fees and charges upon prior notice
to Customer. Customer must provide RTC Internet
with a valid billing address or credit/debit card
number to which RTC Internet will automatically
charge all RTC Internet fees as they become due.
All monthly fees and set-up fees shall be due
in advance of the month incurred and all additional
charges shall be due at the end of the month in
which such charges are incurred. Except as provided
in Section 3, the set-up fees are nonrefundable
and RTC Internet does not issue pro rata refunds
for fees paid in advance. If payment by Customer’s
credit card is denied, or Customer’s charge
is returned to RTC Internet for any reason, including
charge back or Customer otherwise fails to make
any payments owing to RTC Internet, RTC Internet
may, at RTC Internet’s sole discretion,
suspend or terminate access to the RTC Internet
Services and/or terminate this Agreement. Customer’s
right to use the RTC Internet Services is subject
to any limits established by RTC Internet or by
the issuer of Customer’s credit card. Interest
charges of 1% per month (or the highest rate permitted
by law if lower than 1% per month) will accrue
daily on any unpaid balance, which is more than
thirty (30) days overdue. Customer shall be responsible
for any and all taxes related to this Agreement.
2.
RTC
Internet Services
a.
During the term of
this Agreement, RTC Internet shall provide software
services to Customer according to the Package(s)
accepted by Customer (the “RTC Internet
Services”). “Package” means
one of RTC Internet business, consumer and/or
electronic commerce service offerings, as can
be found on RTC Internet’s Web site at http://www.catt.com.
The specific Package to be provided to Customer
shall be established by correspondence between
the domain name to the Contracted Registrar, which
in turns supplies the Domain Name to third parties.
RTC Internet will be the sole billing and technical
contact for the Domain Name.
3.
Limited 30-Day
Money-Back Guarantee
RTC Internet
offers a thirty (30) day money back guarantee
on each Package. If Customer is not completely
satisfied with the RTC Internet Services provided
under such Package within the first thirty (30)
days, Customer may cancel this Agreement by notifying
RTC Internet by calling the telephone number listed
in Section 8C or writing to the address listed
in Section 8C. In such case, Customer will receive
a full refund of any amounts paid pursuant to
this Agreement, except for set-up fees, which
are nonrefundable. After the initial thirty (30)
day period, the RTC Internet Services shall be
deemed accepted for all purposes, provided no
written claim has been received by RTC Internet
within such thirty (30) day period.
4.
Third-Party
Providers
In order
to access and use the RTC Internet Services, Customer
may be required to subscribe to other RTC Internet
services offered under separate agreements, including,
but not limited to, the RTC Internet Service Agreement.
This Agreement does not in any way modify the
terms of such agreements. In addition, Customer
acknowledges that in order to access certain of
the RTC Internet Services, Customer may have to
agree to and execute agreements with third party
providers who may charge Customer fees and charges
which are in addition to the fees and charges
imposed by RTC Internet.
5.
Rules and
Regulations
From time
to time RTC Internet may impose reasonable rules
and regulations regarding the use of the RTC Internet
Services. Such rules and regulations are called
acceptable use policies and are posted on RTC
Internet’s web site at http://www.catt.com/st
aticpages/index.php/policies_agreements.
All such acceptable use policies are incorporated
by reference into this Agreement as if fully set
forth herein.
6.
License Grant
During
the term of this Agreement, RTC Internet grants
to Customer a non-exclusive, personal, non-transferable
license to access and use the RTC Internet Services
solely on and as part of RTC Internet’s
World Wide Web site and servers. RTC Internet
may modify the RTC Internet Services at any time
for any reason and may provide modified versions
of the RTC Internet Services to Customer.
7.
Intellectual
Property Rights.
Customer
acknowledges and agrees that the RTC Internet
Services may constitute confidential and proprietary
information of RTC Internet and its licensors
and embodies trade secrets and intellectual property
of RTC Internet and its licensors protected under
United States copyright and other laws and international
treaty provisions. Customer further acknowledges
that all right, title, and interest in and to
all parts of the RTC Internet Services, including,
without limitation, associated intellectual property
rights, are and shall remain with RTC Internet
and its licensors. Customer shall not, and shall
cause its employees and agents not to, disclose
or transfer any portion of the RTC Internet Services
to any third party. Customer further agrees not
to translate, decompile, reverse engineer, disassemble,
modify, reproduce, rent, lease, lend, sublicense,
distribute, remarket or otherwise dispose of any
portion of the RTC Internet Services. Customer
hereby acknowledges that, if RTC Internet at any
time or from time to time performs any customizations
or modifications to RTC Internet Services, all
rights and interests to such customizations or
modifications shall be the sole property of RTC
Internet.
8.
Term and Termination.
a.
This Agreement shall
have an initial term of one (1) month and shall
thereafter automatically renew for successive
one (1) month periods. This Agreement and Customer’s
access to the RTC Internet Services shall terminate
as follows: (i) Either party may terminate upon
thirty (30) days prior notice; (ii) RTC Internet
may immediately and without prior notice terminate
upon a violation by Customer of RTC Internet’s
acceptable use policies; (iii) RTC Internet may
terminate immediately and without prior notice
in accordance with Section 1; and (iv) RTC Internet
may terminate immediately if, after 15 days prior
notice to Customer, Customer has failed to correct
any breach of this Agreement.
b.
Upon any termination
in accordance with Section 8(A)(i), RTC Internet
shall permit Customer forty-eight (48) hours to
download or otherwise copy any of Customer’s
information and data residing on RTC Internet’s
facilities prior to removing such information
and data from RTC Internet’s facilities.
Upon termination by RTC Internet under Sections
8(A) (ii), (iii) or (iv), RTC Internet may immediately
remove all of Customer’s data and information
from RTC Internet’s facilities and Customer
shall have no right to copy or download such data
or information, and, in such event, all such information
and data, including all copyrighted or copyrightable
material therein, shall then become the property
of RTC Internet. In cases where Customer’s
account has been cancelled, and Customer is requesting
reactivation, RTC Internet, at it’s option,
may reactivate the same account, only if the account
had been cancelled less than sixty (60) days prior.
After sixty (60) days, Customer will be required
to set up a new account.
c.
To cancel an RTC Internet
web hosting, domain name services or electronic
commerce services, Customer should call RTC Internet
at (706) 965-2288 or send a request via mail to
RTC Internet, PO Box 869, Ringgold, GA 30736,
and Attention: Customer Service. For assurance
of delivery, RTC Internet recommends that requests
for cancellation be sent via certified mail.
d.
Sections 1, 7, 8, 9,
10, 11, 12, 13, 14 and 15 shall survive any termination
of this Agreement.
9.
Exclusion of
Warranties.
RTC
INTERNET PROVIDES THE RTC INTERNET SERVICE ON
AN “AS IS” BASIS, AND WITHOUT ANY
WARRANTY OF ANY KIND, whether expressed or implied,
including, but without limitation, any implied
warranty of merchantability, or fitness for
a particular purpose.
While RTC Internet makes reasonable efforts
to maintain the RTC Internet service, many factors
are not within RTC Internet’s control.
Therefore, RTC Internet does not warrant, and
is not responsible for (even if caused by the
negligence of RTC Internet) any loss of data,
delays, non-delivery or misdelivery of information,
lack of access, slow response time, or service
interruptions or errors. Loss, delay or non-delivery
of data can be due to but not limited to RTC
Internet’s own negligence, viruses or
other third parties. Customer’s data is
defined as any data held by RTC Internet and
includes account information, web hosting data,
email and domain name services. This disclaimer
and waiver shall apply equally to any and all
third party providers. RTC Internet provides
no warranty to customer regarding the accuracy
of usage statistics, which RTC Internet may
provide in its discretion. Further, no advice
or information given by an RTC Internet representative
shall create a warranty or serve as an amendment
to this agreement.
RTC Internet has the right to change prices,
or add or delete product features of any existing
product or service. The right to change products
or services extends to any software supporting
a product or service. RTC Internet reserves
the right to change prices or material features
at any time upon 30 days prior notice. RTC Internet
reserves the right to institute new fees or
new material features at any time upon 30 days
prior notice. RTC Internet has the right to
discontinue products or services and the right
to remove or reassign IP addresses of a customer’s
web site. RTC Internet also has the right to
deactivate a customer’s service with a
thirty (30) day notice. Except for certain products
and services specifically identified as being
offered by RTC Internet, RTC Internet does not
control any materials, information, products,
or services on the Internet. The Internet contains
unedited materials, some of which are sexually
explicit or may otherwise be offensive to you.
RTC Internet has no control over and accepts
no responsibility for such materials. You assume
full responsibility and risk for use of the
services and the Internet and are solely responsible
for evaluating the accuracy, completeness, and
usefulness of all services, products, and other
information, and the quality and merchantability
of all merchandise provided through the service
or the Internet.
10.
Limitation of
Liability and Damages
THE TOTAL
AGGREGATE LIABILITY OF RTC INTERNET TO CUSTOMER
SHALL BE LIMITED TO THE AMOUNT PAID TO RTC INTERNET
BY CUSTOMER HEREUNDER DURING THE THREE MONTHS
IMMEDIATELY PRECEDING A CLAIM IN WHICH RTC INTERNET
IS LIABLE TO CUSTOMER. IN NO EVENT SHALL RTC INTERNET
BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS
OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH
OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR
NOT RTC INTERNET HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
11.
Confidentiality
Customer
acknowledges that by reason of its relationship
with RTC Internet, it may have access to certain
information and materials relating to RTC Internet’s
business, customers, software technology and marketing
which RTC Internet treats as confidential (collectively
“Confidential Information”). Customer
shall: (i) hold in confidence, and not disclose
or reveal to any person or entity, any Confidential
Information without the clear and express prior
written consent of a duly authorized representative
of RTC Internet; and (ii) not use or disclose
any of the Confidential Information for any purpose
at any time, other than for the limited purpose
of performance under this Agreement. These obligations
shall continue indefinitely for so long as the
Confidential Information is a trade secret under
applicable law and shall continue for two (2)
years following termination of this Agreement
with respect to Confidential Information, which
does not rise to the level of a trade secret.
12.
Indemnification.
Customer
shall indemnify and hold RTC Internet harmless
against all third party claims, demands, suits,
actions, judgments, losses, costs, damages (direct,
indirect and consequential), attorney’s
fees and expenses that Company may sustain or
incur by reason of any breach or alleged breach
of any term or condition of this Agreement (including
reasonable attorney’s fees) and for any
act or omission of Customer or its clients which
are in any way related to the RTC Internet Service.
13.
Export Control.
Customer
agrees not to export or re-export any portion
of the RTC Internet Service outside of the United
States. Customer further agrees to comply with
all United States and other applicable laws, rules
and regulations relating to the export, re-export
or transshipment of the RTC Internet Services.
14.
Export Majeure
Either
party shall be excused from any delay or failure
in performance hereunder caused by reason of any
occurrence or contingency beyond its reasonable
control, including but not limited to, acts of
God, earthquake, labor disputes and strikes, riots,
war, and governmental requirements. The obligations
and rights of the party so excused shall be extended
on a day-to-day basis for the period of time equal
to that of the underlying cause of the delay.
15.
Miscellaneous
Customer
may not assign its rights or delegate any of
its duties under this Agreement without our
prior written consent of RTC Internet, and any
attempted assignment or delegation without such
consent shall be void. If one or more provisions
of this Agreement shall be held to be invalid,
illegal, or unenforceable, the validity, legality
and enforceability of the remaining provisions
shall not be affected or impaired thereby. Nothing
in this Agreement or in the understanding of
the parties construes upon the parties the status
of partners or joint ventures. RTC Internet
may subcontract any work, obligations or other
performance required of RTC Internet under this
Agreement without consent of Customer. Other
than the termination of this agreement, all
notices provided hereunder sent by email, mail
or certified mail to RTC Internet will be effective
upon transmission. RTC Internet has the right
to amend the Agreement from time to time, and
will do so by posting the new Agreement on the
RTC Internet web site at http://www.rtctel.com/staticpages/index.php?page=Terms Edit
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A Few Clouds
