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I. Financial Arrangements:
- Customer agrees to a three (1) month contract, beginning upon commencement of service, prorated to the next billing cycle.
- The first month hosting fees; registration fees; and design and publishing fees shall be due upon receipt of contract. All setup fees are non-refundable.
- If customer requests registration of a new domain name, which is to be registered by RGV Internet Services, customer agrees to pay the non-refundable registration fee for the covered period. See section XV for more information.
- This contract will automatically renew for successive monthly periods for the life of the contract until cancelled in writing. Cancellations MUST be sent by mail to RGV Internet Services. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt.
- Client should under no condition have an outstanding balance. RGV Internet Services reserves the right to suspend accounts with an outstanding balance of $9.00 or more. A reinstatement fee may apply to suspended accounts. Please see fees below.
- Client agrees to pay all fees and charges in addition to the monthly hosting fee.
Fees / Charges:
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Bank Fee - RGV Internet Services reserves the right to charge a fee of up to $25.00 per returned check.
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Suspended Accounts - accounts suspended due to outstanding balances may be charged up to $25.00 in addition to all other fees / charges accrued.
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Overseas checks must be payable through a bank which is a member of the Federal Reserve System.
II. Taxes:
- RGV Internet Services shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using RGV Internet Services' server.
- The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
III. Design and Publishing Services
The Customer agrees to pay all design and publishing fees.
IV. Trademarks & Copyrights:
The Customer warrants that it has the right to trademarks used.
V. Hardware, Equipment & Software & IP addresses:
- RGV Internet Services makes no representations, warranties or assurances that the Customer's equipment will be compatible with the RGV Internet Services service.
- All IP addresses are property of RGV Internet Services. Domain Names are property of their respective owners.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
The Customer may not use RGV Internet Services servers for the purpose of MASS electronic junk mail. The Customer may not use RGV Internet Services servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program that presents a security problem on that server. RGV Internet Services reserves the right to immediately cancel any service account that is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of RGV Internet Services may not be used to impersonate another person or misrepresent authorization to act on behalf of others or RGV Internet Services. All messages transmitted via RGV Internet Services should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VIII. Termination:
RGV Internet Services may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. RGV Internet Services reserves the right to charge a reinstatement fee. RGV Internet Services reserves the right to refuse or terminate service to anyone for any reason.
IX. Limited Liability:
- The Customer expressly agrees that use of RGV Internet Services' server is at the Customer's sole risk. Neither RGV Internet Services, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that RGV Internet Services' server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the RGV Internet Services server service, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall RGV Internet Services, its officers, agents or anyone else involved in creating, producing or distributing RGV Internet Services' server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the RGV Internet Services server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to RGV Internet Services' records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on RGV Internet Services' server service.
- Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and court costs.
- Our liability on any account is limited to the amount of money that the customer has paid us. If we incur legal expenses due to a customer, we reserve the right to recover these expenses from the customer.
X. Lawful Purpose:
The Customer may only use RGV Internet Services' server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
XI. Indemnification:
The Customer agrees that it shall defend, indemnify, save and hold RGV Internet Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against RGV Internet Services, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless RGV Internet Services against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with RGV Internet Services' Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the RGV Internet Services Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of RGV Internet Services. Services as specified in Section I. Financial Arrangements.
XIII. Transfer:
The Customer may not transfer this agreement without the written consent of RGV Internet Services.
XIV. Terms:
This Agreement constitutes the entire understanding of the parties. Both parties upon renewal of services thereto agree to any changes or modifications to this Contract.
XV. Domain Names:
- Regular Fees:
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$35.00 for the first year paid upfront, non-refundable.
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$35.00 each consecutive year thereafter.
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As consideration for the domain name registration services provided by RGV Internet Services, you shall pay all applicable initial registration fees and renewal fees. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that RGV Internet Services shall have no liability whatsoever with respect to any such cancellation, and that RGV Internet Services may cancel or reassign the domain name in the event of delinquency.
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Dispute Policy In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current Domain Name Dispute Policy ("Dispute Policy") that is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm . Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. ICANN may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold RGV Internet Services, all of it's agents and partners harmless.
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Use of Your Information As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.
You acknowledge that RGV Internet Services will make some of the information that you provide during the registration process available to our domain registration partners. They in turn will make it publicly available as required by ICANN, Internet Corporation for Assigned Names and Numbers.
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Use Policies RGV Internet Services reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.
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Agents and Licenses You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.
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Domain names are registered and maintained by RGV Internet Services. All DNS changes, modifications, payments, etc must be submitted to RGV Internet Services.
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