Acceptable Usage Policy (AUP)

 Terms & Conditions for Services

 

      1. Services. Real Network Solutions, Inc., an Illinois corporation d/b/a Realnets (“Provider”) hereby offers to provide the services (“Services”) described in any purchase order, quotation, acknowledgment or oral agreement (“Order”) to the client listed on such Order (“Client”). Any agreement by Provider to provide Services is expressly contingent upon Client’s consent to the terms and conditions described herein. By accepting any Services, Client agrees to these terms and conditions. Any different or additional terms proposed by Client in any Order or otherwise are hereby rejected by Provider notwithstanding Provider’s provision of Services unless Provider has agreed to such additional or different terms in a writing executed by Provider.
      2. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, source code, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Client or prepared by or on behalf of the Provider in the course of performing the Services, including any items identified as such in the Order (collectively, the “Deliverables”) are owned by Provider. Unless otherwise provided in writing by Provider at any time, Provider hereby grants Client a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Client to make reasonable use of the Deliverables and the Services.
      3. Fees and Expenses. In consideration of the provision of the Services by the Provider, Client must pay the fees set for therein the Order. Client agrees to reimburse Provider for all reasonable travel and out-of-pocket expenses incurred by Provider in connection with the performance of the Services. Unless otherwise expressly specified, all fees are exclusive of taxes, customs, duties, transportation and insurance. Client is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Client.
      4. Payment Terms. Provider will issue invoices for Services provided to Client. Unless otherwise agreed in writing, Client must pay the amount of each invoice within 30 days from the date of such invoice. All payments must be in U.S. Dollars. Any payment not made within 30 days from the date of the applicable invoice is subject to a 5% late payment fee. In the event payments are not received by Provider within 30 days after becoming due, Provider may (i) charge interest on any such unpaid amounts at a rate of 1.5% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and (ii) suspend performance for all Services until payment has been made in full. Client may not deduct, counterclaim, or set-off against any amount Client owes to Provider. Client must reimburse Provider for any and all fees and expenses, including, without limitation, attorneys’ fees and expenses and court costs, incurred by Provider in collecting any sums due to Provider.
      5. Limited Warranty; Disclaimer of Other Warranties. Provider represents and warrants to Client that it has performed the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and has devoted adequate resources to meet its obligations. Client’s exclusive remedy as to any Services, and Provider’s only liability, is re-performance of the defective portion of the Services or repayment to Client of the fees for such defective portion of the Services, whichever such remedy Provider elects. OTHER THAN THE FOREGOING, PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY. PROVIDER HAS NOT BEEN PROVIDED AND HAS MADE NO ADVICE, RECOMMENDATION, OR REPRESENTATION THAT ANY SERVICES WILL BE ADEQUATE FOR CLIENT’S INTENDED PURPOSES.
      6. Limitation of Liability. Provider is not liable for a breach of the warranty set forth in Section 5 unless (i) Client brings a claim for a breach of such warranty within six (6) months of the completion of the Services or the delivery of the Deliverables (whichever comes first); and (ii) Client gives written notice of the defect, reasonably described, to Provider within 7 days of the time when Client discovers or ought to have discovered the defect. In no event is Provider liable for (i) Client’s negligence or the negligence of any of Client’s directors, managers, officers, employees, agents, subcontractors, consultants, or other representatives; or (ii) the failure by Client or any of Client’s directors, managers, officers, employees, agents, subcontractors, consultants, or other representatives to follow Provider’s written or verbal instructions regarding the Services or the Deliverables. IN NO EVENT SHALL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO PROVIDER PURSUANT TO THE APPLICABLE ORDER IN THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT IS PROVIDER LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, FOR ANY MATTER ARISING OUT OF OR RELATED TO PRODUCTS PROVIDED TO CLIENT WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY CLIENT.
      7. Force Majeure. Provider will be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from fire, flood, earthquake, elements of nature or acts of God; labor disruptions or strikes; acts of war, terrorism, riots, civil disorders, rebellions or revolutions, quarantines, widespread disease or sickness, embargoes and other similar governmental or third party action; or any other cause beyond the reasonable control of Provider. If performance has been delayed or prevented, Provider will act diligently to resume performance as soon as reasonably possible. If Provider’s performance of its obligations is prevented or delayed by any act or omission of Client or Client’s directors, managers, officers, employees, agents, subcontractors, consultants, or other representatives, Provider shall not be deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained or incurred by Client, in each case, to the extent arising directly or indirectly from such prevention or delay.
      8. General. Any and all matters concerning Provider and Client, including, without limitation, the enforcement of these terms and conditions, are governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles. Any disputes between Provider and Client must be resolved in the circuit courts located in county of Provider’s then-current principal place of business. Client may not assign its rights and duties under these terms and conditions and/or under any agreement with Provider with respect to Services without Provider’s prior written consent. Any failure on the part of Provider or Client to comply with any of its obligations hereunder may be waived in writing by the other party. No waiver of any provision of these terms and conditions is a waiver of any other provision, nor does any waiver constitute a continuing waiver. These terms and conditions are binding upon and inure to the benefit of Provider and Client and their respective successors and assignees. These terms and conditions may not be modified, changed, or amended except in a writing executed by Provider. These terms and conditions, the terms and conditions for Sale of Goods, and the Order constitute the entire and exclusive agreement between Provider and Client with respect to Services provided by Provider.
      9. Dispute Costs. If any action at law or in equity is brought to enforce or interpret any of the provisions of these Terms & Conditions for Services, or if any action is brought to declare the rights and/or obligations of the parties hereto under this Agreement, the substantially prevailing party shall be entitled to recover from the other party, in addition to all relief awarded, reasonable attorney, expert witness, and court reporter fees, and all other fees, costs and expenses of such action and any associated appeal.  These amounts may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose.

Terms & Conditions for Sale of Goods

 

      1. Products. Real Network Solutions, Inc., an Illinois corporation d/b/a Realnets (“Vendor”) offers to provide certain products (“Products”) described in any purchase order, quotation, acknowledgment, or oral agreement (“Order”) made by Vendor and the customer listed on such Order (“Customer”). Any agreement by Vendor to provide Products is expressly contingent upon Customer’s consent to the terms and conditions described herein. By accepting any Products, Customer agrees to these terms and conditions. Any different or additional terms proposed by Customer in any acknowledgment form, purchase order, or other form (whether oral or written) are hereby rejected by Vendor notwithstanding Vendor’s shipping of Products unless Vendor has agreed to such additional or different terms in writing.
      2. Price. Unless otherwise expressly specified in writing, (i) all prices are exclusive of taxes, customs, duties, transportation and insurance; and (ii) any and all current or future tax or governmental charge applicable to the sale, delivery, shipment or storage of the Product or Service that Vendor is required to pay or collect are for Customer’s account and must be added to the price, and are not subject to any reduction.
      3.  Payment Terms. Vendor will issue invoices for Products sold to Customer. Unless otherwise agreed in writing, Customer must pay the amount of each invoice within 30 days from the date of such invoice. All payments must be inU.S. Dollars. Any payment not made within 30 days from the date of the applicable invoice is subject to a 5% late payment fee. Customer must reimburse Vendor for any and all fees and expenses, including, without limitation, attorneys’ fees and expenses and court costs, incurred by Vendor in collecting any sums due to Vendor. Customer is not entitled to deduct, counterclaim, or set-off against any amount Customer owes to Vendor. If Customer is delinquent in the payment of any sums due and owing to Vendor, Vendor may hold any or all shipments of Products until such payments have been made. As collateral security for the payment of the purchase price of the Products, Customer grants to Vendor a lien on and security interest in and to all of the right, title and interest of Customer in, to and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Illinois Uniform Commercial Code.
      4. Delivery. Customer must pay all shipping, handling, and insurance charges. Risk of loss and title to any Products passes to Customer upon delivery of the Products to Customer’s designated shipping point.
      5.  Customer Inspection. Customer must immediately inspect all Products for damage and for conformity with the Order. If Customer does not provide Vendor with written notice of any damage to Products or non-conformity with the Order within 7 days of receipt of the Products, Customer has accepted the Products and any and all defects and non-conformities are waived by Customer. Acceptance by Customer of custom-designed Products provided by Vendor constitutes an acknowledgment that Customer has reviewed the designs for such Products and is satisfied that the design meets all specifications, requirements, and standards applicable to such Products. In the event Customer provides notice of damage or non-conformity, such notice must describe any damage or other non-conformity in reasonable detail, and Customer must afford Vendor a reasonable opportunity to inspect the Products. No Products will be taken back and credited or replaced unless arrangements for return have been made with Vendor. Any action by Customer against Vendor must be commenced within six months after the cause of action occurs, and no such action may be maintained that is not commenced within such period.
      6.  Disclaimer of Warranties. Customer acknowledges that Vendor does not manufacture the Products. VENDOR DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. VENDOR HAS NOT BEEN PROVIDED AND HAS MADE NO ADVICE, RECOMMENDATION, OR REPRESENTATION THAT ANY PRODUCTS WILL BE ADEQUATE FOR CUSTOMER’S INTENDED PURPOSES.  To the extent a manufacturer’s warranty is assignable, Vendor assigns such manufacturer’s warranty to Customer.
      7. Limitation of Liability. IN NO EVENT SHALL VENDOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCTS SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO PROVIDER PURSUANT TO THE APPLICABLE ORDER IN THE 3 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
        IN NO EVENT IS VENDOR LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, FOR ANY MATTER  ARISING OUT OF OR RELATED TO PRODUCTS PROVIDED TO CUSTOMER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY CUSTOMER.
      8. Force Majeure. Vendor will be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from fire, flood, earthquake, elements of nature or acts of God; labor disruptions or strikes; acts of war, terrorism, riots, civil disorders, rebellions or revolutions, quarantines, widespread disease or sickness, embargoes and other similar governmental or third party action; or any other cause beyond the reasonable control of Vendor. If performance has been delayed or prevented, Vendor will act diligently to resume performance as soon as reasonably possible.
      9. General. Any and all matters concerning Vendor and Customer, including, without limitation, the enforcement of these terms and conditions, are governed by and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles. Any disputes between Vendor and Customer must be resolved in the circuit courts located in county of Vendor’s then-current principal place of business. Customer may not assign its rights and duties under these terms and conditions and/or under any agreement with Vendor with respect to Products without Vendor’s prior written consent. Any failure on the part of Vendor or Customer to comply with any of its obligations hereunder may be waived in writing by the other party. No waiver of any provision of these terms and conditions is a waiver of any other provision, nor does any waiver constitute a continuing waiver. These terms and conditions are binding upon and inure to the benefit of Vendor and Customer and their respective successors and assignees. These terms and conditions may not be modified, changed, or amended except in a writing executed by Vendor. These terms and conditions, the terms and conditions for Services, and the Order constitute the entire and exclusive agreement between Vendor and Customer with respect to Products.
      10. Dispute Costs. If any action at law or in equity is brought to enforce or interpret any of the provisions of these Terms & Conditions for Sale of Goods, or if any action is brought to declare the rights and/or obligations of the parties hereto under this Agreement, the substantially prevailing party shall be entitled to recover from the other party, in addition to all relief awarded, reasonable attorney, expert witness, and court reporter fees, and all other fees, costs and expenses of such action and any associated appeal.  These amounts may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose.

Background

From time to time, Real Network Solutions, Inc (RNS) Internet may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Usage Policies (AUPs) and are posted on the Internet at http://www.realnets.com/acceptable-usage-policy/. The AUPs are not exhaustive and RNS reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.realnets.com/acceptable-usage-policy/ or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as RNS deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet or RNS’ network. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM RNS. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS RNS’ POLICY TO TERMINATE SERVICE OF AND FINE REPEAT INFRINGERS. RNS RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities 

The customer is solely responsible for any breaches of security affecting servers, routers, workstations or other systems under customer control. If a customer’s system is involved in an attack on another network or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $150 USD per hour. Enquiries regarding security matters may be directed to RNS’s network security group.

 

Network Responsibility

Customers have a responsibility to use RNS’ network responsibly. This includes respecting the other customers of RNS. RNS reserves the right to suspend and or cancel service with any Customer who uses the RNS network in such a way that adversely affects other RNS customers. This includes but is not limited to:

  • Attacking or attempting to gain unauthorized access to servers and services that belong to RNS or its customers (i.e. “hacking” or “cracking”), and/or
  • Participating in behavior which result in reprisals that adversely effect the RNS network or other customers’ access to the RNS network.

RNS will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “social engineering” (tricking other people into releasing their passwords), password theft, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a RNS customer, whether or not the attacked account or computer belongs to RNS, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, fines, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of RNS is strictly prohibited.

 

System & Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. RNS may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • Unauthorized monitoring (“sniffing”) of data or traffic on any network or system without express authorization of the owner of the system or network.
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by RNS. Such labor is categorized as emergency security breach recovery and is currently charged at $150 USD per hour required. Enquiries regarding security matters may be directed to RNS’ Security Department at [email protected]. RNS is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, RNS urges its customers to assume that all of their online communications are insecure. RNS cannot take responsibility for the security of information transmitted over RNS’ facilities.

 

Password Protection

The customer is responsible for protecting customer’s password and for any authorized or unauthorized use made of customer’s password. The customer will not use or permit anyone to use RNS’ service to guess passwords or to access other systems or networks without authorization. RNS will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

 

Internet Etiquette

The customer is expected to be familiar with and to practice good Internet etiquette (“Netiquette”). The customer will comply with the rules appropriate to any network to which RNS may provide access. The customer should not post, transmit, or permit Internet access to information the customer desires to keep confidential. The customer is not permitted to post any material that is illegal, libelous, tortuous, indecently depicts children or is likely to result in retaliation against RNS by offended users. RNS reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

 

Lawful Purpose 

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.

Using any RNS service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of RNS services or products is prohibited.

Using the RNS network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within RNS network are open to the public. You are solely responsible for your usage of the RNS network and servers and any statement you make on servers hosted within the RNS network may be deemed “publication” of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

 

Copyright Infringement – Software Piracy Policy 

RNS’ network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

In compliance with the Digital Millennium Copyright Act (the “DMCA”), please send DMCA notifications of claimed copyright infringements to: Realnets, 512 Higgins Rd. Park Ridge, IL 60068 or by email to [email protected] .

Fraudulent activity should be reported to the Internet Fraud Complain Center.

RNS will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

 

Child Pornography on the Internet 

RNS will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the RNS network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes “photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.”

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

 

Commercial Advertisements with Email 

RNS takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) (or “spam”) over our network. Very simply, this means that customers of RNS may not use or permit others to use our network to transact in UCE. Customers of RNS may not host, or permit hosting of, sites or information that are advertised by UCE (“spamvertised”) from other networks. Violations of this policy carry severe penalties, including termination of service and monetary fines.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.

Customers of RNS are strictly prohibited from using or permitting others to use UCE or spam over our network. As our Customers are ultimately responsible for the actions of their clients over the RNS network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of RNS’s spam policy will result in severe penalties. Upon notification of an alleged violation of our spam policy, RNS will initiate an immediate investigation (within 48 hours of notification). During the investigation, RNS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our spam policy, RNS may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, RNS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. RNS will notify law enforcement officials if the violation is believed to be a criminal offense.

For further information on what RNS considers unsolicited e-mail, see http://www.mail-abuse.com/spam_def.html

Violation of RNS’s spam policy may be reported to [email protected].

 

IP Addressing Policy

RNS administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by RNS staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

 

Billing

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

 

Suspension 

RNS reserves the right to suspend network access to any customer if, in the judgment of the RNS network administrators, the customer’s server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which RNS 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 contacting regarding the activity. The customer will not be credited for the time the customer’s machines were suspended. The Customer will be credited on a prorated basis based on the monthly fees the Customer pays for the servers that are suspended for the time the Customer’s machines were suspended.

 

Cancellation 

RNS reserves the right to cancel service at any time. 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 contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by RNS if RNS institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

 

Indemnification 

RNS wishes to emphasize that in signing the Master Services Agreement or its equivalent, customer indemnifies RNS for any violation of the Master Services Agreement or it’s equivalent, law or AUP that results in loss to RNS or the bringing of any claim against RNS by any third-party. This means that if RNS is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against RNS, plus costs and reasonable attorney’s fees.

 

Disclaimer of Responsibility 

RNS is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. RNS disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.

All sub-networks, resellers and managed servers of RNS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

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