This is the binding legal agreement between
Remly Communications (Remcom) and CUSTOMER (heretofore referred
to as "Customer") for all and any services provided by
Remly Communications.
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Disclaimer
Remly Communications makes no responsibility for any damages or
losses your business may suffer.
Remly Communications makes no warranties of any kind for services
provided or data contained on its machines, and is not limited
to these. Remcom disclaims any warranty of any kind, merchantability,
or fitness for a particular purpose. This includes, and is not
limited to, loss of data resulting from delays, no delivery, wrong
delivery, and any and all interruptions caused by Remly Communications
and its personnel. Customer agrees that Remcom takes no responsibility
for the data contained in Customer's directories, yet Customer
agrees to assume the responsibility of the data contained within
Customer's home directory. Remly Communications reserves the right
to change and or modify its policies at any given time without
any prior notice.
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Payment Policy
Remly Communications will not activate any account ordered by
Customer until Customer has paid the first term's fee for that
account. Only with the exception of the decision of a Remcom administrator,
can Customer have his or her account activated before payment.
All first payments must be paid in full, no exceptions. If your
invoices becomes public for any reason it is Customer's duty to
notify Remly Communications. All charges are due one week before
the reoccurring date for the term chosen. To halt your account
and discontinue your services with Remly Communications, you must
give 5 business days of notice to Remcom personnel. In the event
of an unpaid account, you will be allowed 1 week to pay for the
next bill. If you cannot pay the bill, your account will be suspended
along with all services provided by Remcom for Customer. If a
suspended account on a Remcom system goes beyond 2 weeks without
payment the account will be deleted along with all data in the
account's directory. At the decision of a Remly Communications
administrator, Customer can be allowed to retrieve any and all
data in Customer's directories, but is not held to do so. Any
returning suspended customer will be penalized a resign-up fee
that has to be paid in addition to the first term's charge.
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System Uptime
Remly Communications provides a 99% uptime guarantee in a given
month. In other words we guarantee no more then 7 hours of down
time a month. Remly Communications will refund the customer 25%
of the monthly fee for each hour minutes of downtime (up to 100%
of the customers monthly fee). Network uptime includes functioning
of all network infrastructure including routers, switches and
cabling, but does not include services or software running on
your server. Network downtime exists when a particular customer
is unable to transmit and receive data and Remly Communications
records such failure in the Remcom Trouble Ticket System. Network
downtime is measured from the time the trouble ticket is opened
by a customer to the time the server is once again able to transmit
and receive data.
Remly Communications reserves the right to decide as to what constitutes
to abuse of any of Remcom machines, personnel., or customers.
Remly Communications reserves the right to refuse service to anyone.
Server abuse includes, but is not limited to the following: A)
Hacking or cracking of any kind implied or not implied at any
of Remcom machines. B) Storage of warez, illegal mp3 music files,
pornography, exploits, or any illegal copyrighted content. C)
Sending un-isolated messages to others, known as SPAM, for Customer's
website, email, DNS, or for Remly Communications. D) Storage of
temporary files for download. E) Scanning or flooding directed
at or from Remcom machines. F) Transmissions of any material in
violation of federal, state, or local regulation is prohibited.
Any material not mentioned above is left entirely to the discretion
of the Remly Communications administration. Server abuse can lead
to suspension and/or removal of your account with no refund owed
to Customer.
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Account Sharing
Remly Communications does not suggest to share your account information
with another individual, but you are not restricted to do so.
If your account is to be found shared among others, and you become
locked out of your account because of this, you will be charged
$5 for every occurrence on your next bill in addition to your
term's charge. If specified otherwise, and recorded by an administrator,
you will not be charged.
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Username and Domain Changes
In order to change your account username, we are required to delete
your account and recreate it all over again like you were just
signing up. Due to the effort and time needed to do so, you will
be charged $5 by Remly Communications in addition to your next
term's bill, if specified by an administrator. Domain name assignment
changes on your account, however, will not cost any additional
charge, and is easily done by notifying Remcom of the changes
needed.
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Website Hosting Policies
In a web hosting contract, web sites being hosting by Remly Communications
are to be used by the owner of the account and not resold, unless
allowed to by Remly Communications. Customer is not permitted
to give away website hosting services to another party, unless
allowed by an administrator. Web hosting services are defined
as allowing a separate, third party to host content on the owner's
web site, with the exceptions of ad banners, classified ads, and
personal ads.
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Unauthorized Use of an Account
Anyone reported to have used a customer's account without authorization
to do so, will be reported of any acts done by this user to his
or her Internet Service Provider if proven so in our system logs.
Remly Communications will attempt to go to the extent to hunt
down and report anyone violating Remly Communications policies.
Remly Communications will strongly react to any accusations of
any serious matter involving a customer, any Remcom personnel.,
or other parties. Whether or not an account does belong to Remly
Communications does not matter, we will still react in the same
manor as if it were our own system.
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Account Removal
Any account being removed for abuse is not subject to any refund
to Customer. In all other situations, no refund is due, but can
be requested by Customer if good enough cause is given, which
then we will work with you to your benefit.
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Early Account Termination and Suspensions
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Remly Communications reserves the right to suspend any account
for any just reason at any time. A reason has to be able to be
presented to Customer before the actual suspension of an account
can occur. Removal of an account can only occur 7 business days
after a suspension. We disclaim any responsibility and warranty
for any data contained in your account during the removal of your
account. No refund or prorated charge will be applicable unless
discussed with Remcom personnel.
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Terms and Conditions Changes
Remly Communications reserves the right to change any policies,
prices, or configuration of any and all accounts when deemed appropriate
and necessary. Any violations of these policies will represent
a breach of your contract with Remly Communications, resulting
in suspension and/or removal of your account from our systems
without warning. Anyone who breaches this contract between Customer
and Remly Communications is not subject to a refund, unless specified
otherwise by an administrator.
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