| Terms Of Service
RAM Web Solutions. ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of RAM Web Solutions Service constitutes acceptance and agreement to RAM Web Solutions's
AUP as well as RAM Web Solutions's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
RAM Web Solutions. 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 country of United States of America.
- Disclosure to Law Enforcement: 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 RAM Web Solutions shall have the right to terminate all service
set forth in this Agreement.
- 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.
- Payment: Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are due on the end
of every month for that month's service OR on the anniversary date of the
year for next years's service.
- Payments and Fees: Credit cards that are declined for any reason are subject
to a $1.00 declination fee. Service will be interrupted on accounts that reach
25 days past due. Service interrupted for nonpayment is subject to a $50 reconnect
charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts
that are not collectable by RAM Web Solutions 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.
- Refund and Disputes: All payments to RAM Web Solutions, Inc. are nonrefundable. This
includes the one time setup fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within 30 days of the
time the dispute occurred. If you dispute a charge to your credit card issuer
that, in RAM Web Solutions's sole discretion is a valid charge under the provisions
of the TOS and /or AUP, you agree to pay RAM Web Solutions an "Administrative Fee"
of not less than $50 and not more than $150.
- 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.
- Account Cancellation: All requests for canceling accounts must be made
in writing with at least 5 days notice but not more than 30 days prior written
notice and sent to RAM Web Solutions Attn: Cancellations, 5235 Cottage Farm Rd, Alpharetta,
GA 30022 or you may call 770-418-0101 or fax the cancellation request to 770-623-4354.
You must have all account information to cancel.
- 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.
- New Domain Accounts: All new webhosting accounts involving new domains
will be set up and entered into our DNS servers within 1 to 3 business days.
Due to unforeseen complications, however, this process may sometimes require
up to 5 business days.
- Transfer of Domains: New webhosting accounts which involve the transfer
of a domain from another provider to RAM Web Solutions will require a minimum of five
(5) 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 customer cancels service during the transfer
period for any reason, all charges are considered earned.
- Support Boundaries: RAM Web Solutions, provides business hours technical support
to our subscribers We limit our technical support to our area of expertise.
The following is our guidelines when providing support: RAM Web Solutions provides support
related to your server or virtual site physical functioning. RAM Web Solutions does
not offer tech support for application specific issues such as cgi programming,
html or any other such issue. RAM Web Solutions does not provide technical support for
YOUR customers. If you can email, we encourage you to email roger@martechpc.net
for assistance. If you can get online 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.
- SPAM and Unsolicited Commercial Email (UCE): MarTech 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 RAM Web Solutions may not use
or permit others to use our network to transact in UCE. Customers of RAM Web Solutions
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 RAM Web Solutions's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, RAM Web Solutions
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, RAM Web Solutions may restrict customer access to the
network to prevent further violations. If a customer is found to be in
violation of our SPAM policy, RAM Web Solutions may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, RAM Web Solutions reserves the
right to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. RAM Web Solutions 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 $250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of $500 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 $175
per hour that RAM Web Solutions 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 RAM Web Solutions network, it is advisable that Customers develop
a similar, or stricter, policy for their clients.
- Network
- IP Address Ownership: If RAM Web Solutions assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol address
shall belong only to RAM Web Solutions, and Customer shall have no right to use
that Internet Protocol address except as permitted by RAM Web Solutions in its sole
discretion in connection with the Services, during the term of this Agreement.
RAM Web Solutions shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by RAM Web Solutions, and
RAM Web Solutions 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.
- 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"). RAM Web Solutions
will monitor Customer's bandwidth and disk usage. RAM Web Solutions 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 RAM Web Solutions's sole and absolute discretion. If RAM Web Solutions 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.
System and Network Security: Users are prohibited from violating or attempting
to violate the security of the RAM Web Solutions Network. Violations of system or
network security may result in civil or criminal liability. RAM Web Solutions 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.
- Notification of Violation:
- RAM Web Solutions 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.
- First violation: Any User, which RAM Web Solutions 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 RAM Web Solutions's discretion
to a temporary suspension pending a User's agreement in writing, to refrain
from any further violations.
- Second Violation: Users that RAM Web Solutions 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.
- 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. In particular, if open
relays are on your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare cases, we may
have to do this before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
- Suspension of Service or Cancellation: RAM Web Solutions reserves the right to suspend
network access to any customer if in the judgment of the RAM Web Solutions 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 RAM Web Solutions 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.
- RAM Web Solutions reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of RAM Web Solutions 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.
- Indemnification: RAM Web Solutions wishes to emphasize that in agreeing to the RAM Web Solutions
Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies
RAM Web Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of
Service (ToS) that results in loss to RAM Web Solutions or the bringing of any claim
against RAM Web Solutions by any third-party. This means that if RAM Web Solutions is sued because
of a customer's or a customer of a customer's activity, the customer will
pay any damages awarded against RAM Web Solutions, plus all costs and attorney's fees.
- 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.
- 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.
- 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.
- RAM Web Solutions takes no responsibility for any material input by others and
not posted to the RAM Web Solutions Network by RAM Web Solutions. RAM Web Solutions is not responsible
for the content of any other websites linked to the RAM Web Solutions Network; links
are provided as Internet navigation tools only. RAM Web Solutions 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.
- RAM Web Solutions is not responsible for any damages your business may suffer.
RAM Web Solutions does not make implied or written warranties for any of our services.
RAM Web Solutions 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 RAM Web Solutions.
- Adult Content: - Adult Content or links to Adult Content are not permitted
on RAM Web Solutions Servers.
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