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Terms of Service.
IMPORTANT NOTICE: ***All Payments To RG Belon Consulting Are Non-Refundable***
RG Belon Consulting ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of any RG Belon Consulting Service constitutes
acceptance and agreement to RG Belon Consulting's AUP as
well as RG Belon Consulting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of RG Belon Consulting 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 Florida, county of
Lake applicable to contracts enforceable in that state.
Venue will be Lake County, Florida.
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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 RG Belon Consulting shall have the
right to terminate all service set forth in this Agreement.
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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.
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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.
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Payments and Fees: Credit cards
that are declined for any reason are subject to a $3.00
declination fee. Service will be interrupted on accounts
that reach 24 hours past due. Service interrupted for
nonpayment is subject to a $35 reconnect charge. Accounts
that are not collectable by RG Belon 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.
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Refund and Disputes: All payments
to RG Belon Consulting are nonrefundable. This includes the
one time setup fee and subsequent charges regardless of
usage. 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 RG
Belon Consulting's sole discretion is a valid charge under
the provisions of the TOS and /or AUP, you agree to pay RG
Belon Consulting an "Administrative Fee" of not less than
$50 and not more than $150.
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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.
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Account Cancellation: All
requests for canceling accounts must be made in writing with
at least 30 days notice but not more than 60 days prior
written notice and sent to:
RG Belon Consulting Attn: Cancellations
P.O Box 127
Eustis, FL 32727
Requests can also be submitted through the control panel
support system. The account will be cancelled as soon as we
receive the request (you can't request it be turned off on a
particular date/time) and are processed within 24 hours.
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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.
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New Domain Accounts: All new web
hosting accounts involving new domains will be set up and
entered into our DNS servers within 3 to 5 business days.
Due to unforeseen complications, however, this process may
sometimes require up to 7 business days. If the new domain
is registered by the account holder, there will be no
handling fee. If the domain is registered by RG Belon
Consulting on behalf of the account holder a handling fee
will be incurred.
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Transfer of Domains: New web hosting
accounts which involve the transfer of a domain from another
provider to RG Belon Consulting, Inc. will require a minimum
of seven (7) days to be set up and entered into our DNS
servers. In some cases, such transfers may take up to sixty
(60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time
a specific transfer may take. If the transfer of the domain
is done by RG Belon Consulting on behalf of the account
holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason,
all charges are considered earned.
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Support Boundaries: RG Belon
Consulting, provides 24 x 7 technical support to our
subscribers (except for few holidays and short company
meetings when we close our center.) We limit our technical
support to our area of expertise. The following is our
guidelines when providing support: RG Belon Consulting
provides support related to your virtual site physical
functioning. RG Belon Consulting does not offer tech support
for application specific issues such as cgi programming,
html or any other such issue. RG Belon Consulting does not
provide technical support for YOUR customers. If you can
email, we encourage you to email support@rgbelon.com for
assistance. If you are able to get online and have other
questions, the answers may be on our home page at
https://www.rgbelon.com - we encourage you to check there
first. Lastly, the Help files in the program you are using
may have the answer to your question so please do
investigate these resources before calling tech support.
Our support rates to correct issues caused by end user negligence are $185.00
per hour. One hour is our minimum billing increment.
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SPAM and Unsolicited Commercial Email
(UCE): RG Belon 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 RG
Belon Consulting may not use or permit others to use our
network to transact in UCE. Customers of RG Belon 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 RG Belon Consulting's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, RG Belon Consulting will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, RG Belon 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, RG
Belon Consulting may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, RG Belon
Consulting reserves the right to pursue civil remedies for
any costs associated with the investigation of a
substantiated policy violation. RG Belon Consulting will
notify law enforcement officials if the violation is
believed to be a criminal offense.
- First violations of this policy will result in an "Administrative
Fee" of $275 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative Fee" of
$600 and immediate termination of your account. Users who violate this
policy agree that in addition to these "Administrative" penalties, they will
pay "Research Fees" not to exceed $185 per hour that RG Belon Consulting
personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from
your account.
- As our Customers are ultimately responsible for the actions of their
clients over the RG Belon Consulting network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
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Network
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IP Address Ownership: If RG Belon Consulting
assigns Customer an Internet Protocol address for Customer's use, the right
to use that Internet Protocol address shall belong only to RG Belon
Consulting, and Customer shall have no right to use that Internet Protocol
address except as permitted by RG Belon Consulting in its sole discretion in
connection with the Services, during the term of this Agreement. RG Belon
Consulting shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by RG Belon
Consulting, and RG Belon Consulting reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be used with
name-based hosting.
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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"). RG Belon
Consulting will monitor Customer's bandwidth and disk usage. RG Belon
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 RG Belon Consulting's sole and absolute
discretion. If RG Belon 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.
In the event that a customer exceeds the included
allocation, RG Belon Consulting may, at its sole discretion
suspend the account.
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System and Network Security: Users are prohibited from violating or
attempting to violate the security of the RG Belon Consulting Network.
Violations of system or network security may result in civil or criminal
liability. RG Belon 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:
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Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
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Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
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Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
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Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
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Taking any action in order to obtain services to which such User is not
entitled.
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Notification of Violation:
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RG Belon 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.
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First violation: Any User, which RG Belon 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 RG Belon Consulting's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further
violations.
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Second Violation: Users that RG Belon 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.
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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.
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Suspension of Service or Cancellation: RG Belon Consulting
reserves the right to suspend network access to any customer if in the judgment
of the RG Belon 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 RG Belon 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.
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RG Belon Consulting reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed servers of RG
Belon 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.
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Indemnification: RG Belon Consulting wishes to emphasize
that in agreeing to the RG Belon Consulting Acceptable Use Policy (AUP) and
Terms of Service (ToS),
customer indemnifies RG Belon Consulting for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS)
that results in loss to RG Belon Consulting or the bringing
of any claim against RG Belon Consulting by any third-party.
This means that if RG Belon Consulting is sued because of a
customer's or a customer of a customer's activity, the
customer will pay any damages awarded against RG Belon
Consulting, plus all costs and attorney's fees.
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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.
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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.
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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.
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RG Belon Consulting takes no responsibility for any
material input by others and not posted to the RG Belon Consulting Network
by RG Belon Consulting. RG Belon Consulting is not responsible for the
content of any other websites linked to the RG Belon Consulting Network;
links are provided as Internet navigation tools only. RG Belon 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.
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RG Belon Consulting is not responsible for any damages
your business may suffer. RG Belon Consulting does not make implied or
written warranties for any of our services. RG Belon 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 RG Belon Consulting.
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It is absolutely forbidden to host pornographic content
or IRC servers on Virtual Server Accounts. Virtual Server Accounts found
hosting this material will be subject to immediate cancellation without
refund.
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Responsibility for Content: You, as RG Belon Consulting's customer, are solely responsible for the
content stored on and served by your hosted virtual site.
Basically this document is here to
reaffirm your responsibility with respect to the use of
common sense. We set the boundaries with respect to
common sense, so we are the final authority in the event of
any and all disputes, and the use of our resources be they
owned, rented or leased signifies your complete agreement
with this document. |
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