Internet Service Agreement
1. INTRODUCTION.
RFCNET, a division of RFCnet, Inc. ("RFCNET") provides its Internet services, as they may exist from time to time ("Services"), to users who pay a monthly service fee to subscribe to the Services ("Customers") as well as to those who access some of our Services but do not have accounts ("Visitors"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the Service Agreement, including any future revisions, you may not use the Services and if you are a current Customer, you must terminate your use of the Services under Section 10.
2. SUBSCRIPTION REQUIREMENTS.
Customers must be a legal business entity or at least 18 years old. Additionally, Customer must obtain an approved credit application or possess a valid credit card. RFCNET reserves the right to decline to provide Services to any Customer for any reason. Customer must give permission to RFCNET to check Customer's credit and shall provide references upon request. Current prices for RFCNET's Services are posted throughout our website at www.rfcnet.com. These rates may also be obtained by calling (866) RFC-NET9. RFCNET reserves the right to change prices and institute new fees at any time.
3. PAYMENT OBLIGATIONS OF A CUSTOMER.
a) Customers must (i) provide RFCNET with accurate and complete credit application, including legal name, address, telephone number, and credit card/billing information, and (ii) report to RFCNET all changes to this information within thirty (30) days of the change. Customers are responsible for any charges to their account.
b) Customers having questions regarding charges to an account, should contact RFCNET's Customer Service Department at (866) RFC-NET9. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
c) Charges are billed according to the terms of an approved credit application, or to Customer's credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. RFCNET is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by RFCNET.
d) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
e) If you purchase Services through a reseller who in turns pays RFCNET, the reseller must pay all amounts owing for your account. If the reseller fails to pay RFCNET any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
f) Delinquent accounts may be suspended or canceled at RFCNET's sole discretion; however, charges will continue to accrue until the account is canceled. Accounts in excess of thirty (30) days overdue will accrue interest charges at the lesser of 1.5% per month or the highest rate permitted by law. RFCNET will bill an additional charge of $250.00 to reinstate a suspended account and require the prepayment of six (6) months service.
g) If Customer defaults, refuses to pay, or allows account to fall into arrears, Customer agrees to pay RFCNET it's reasonable expenses, including court costs, attorney's fees, and collection fees, incurred in enforcing its rights under these Terms and Conditions.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Customers receive a username, password, and account designation. The Customer, including all employees of your company, (or you and members of your household if you have purchased a residential account) are the only authorized users of your RFCNET account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify RFCNET immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Customer's allotted email space may, at RFCNET's discretion, be transferred to a compressed temporary file or storage. RFCNET may delete the temporary file from the server 30 days after notifying you. You may establish a commercial or high-volume account by contacting RFCNET. Usernames, passwords and email addresses are RFCNET's property and RFCNET may alter or replace them at any time.
5. MONITORING THE SERVICES.
RFCNET has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if RFCNET, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Customers. Please see our Privacy Policy. RFCNET may immediately remove your material or information from RFCNET's servers, in whole or in part, which RFCNET, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY RFCNET, RFCNET DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. RFCNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RFCNET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS SUCH AS MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN TRANSMISSIONS, OR OTHER DEFECTS. RFCNET DOES NOT WARRANT THAT SERVICE, THE INTERNET, ASSOCIATED EQUIPMENT OR DEVICES WILL BE FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP OR WILL WITHSTAND EXTRAORDIANRY WEAR AND TEAR OR ACTS OF GOD SUCH AS FIRE, FLOOD, LIGHTNING, WATER, VOLTAGE SURGES, WIND, AND OTHER NATURAL DISATERS, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND RFCNET CONTROL. RFCNET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH RFCNET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY RFCNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. RFCNET AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE INTERNET, ASSOCIATED EQUIPMENT OR DEVICES INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
7. SOFTWARE AND HARDWARE.
a) RFCNET grants to each Customer a limited, nonexclusive, nontransferable and non-assignable license to install and use the RFCNET access software (including software from third-party vendors that RFCNET distributes, pursuant to third party license agreements), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Customer agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. RFCNET may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Customer.
The Licensed Programs constitute confidential and proprietary information of RFCNET and RFCNET's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with RFCNET and RFCNET's licensors or third parties. Customer shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
b) Customer Premises Equipment ("CPE") shall mean equipment that is owned by RFCNET but is located on the Customer premises. RFCNET is responsible for the maintenance of this equipment unless otherwise expressly provided under this agreement. RFCNET shall maintain each item of CPE in good condition, except for normal wear and tear. Customer is responsible for ensuring that CPE is kept in a place on Customer's premises that remains clear of obstructions, hazardous materials, or items, which could reasonably be foreseen to damage or affect the performance of the CPE.
Customer shall promptly return all CPE to RFCNET and/or promptly provide RFCNET with reasonable access to Customer's facilities in order to recover the CPE, upon termination of this Agreement. RFCNET shall retain title to CPE. Customer, at its expense, shall protect RFCNET's title and keep the CPE free from all claims, liens, encumbrances and legal processes and Customer shall notify RFCNET of any claims, liens, encumbrances or legal processes with respect to the CPE. The CPE is personal property and is not to be regarded as part of the real estate on which it may be situated. RFCNET shall have the right to inspect the CPE at the premises where the CPE is located. Customer shall not make any addition, alteration, or attachment to the CPE without RFCNET's prior written consent. Customer shall make no repair, addition, alteration or attachment to the CPE that interferes with the normal operation or maintenance thereof, or might result in the creation of a mechanic's lien.
Customer failure to promptly return CPE and/or provide RFCNET with adequate recovery opportunity, will result in Customer being charged for full value of unrecovered CPE. All such charges are due and payable upon issuance, credit can be issued if CPE is ultimately recovered at a later date.
c) Except as otherwise set forth in this Agreement, a refundable security deposit ("Security Deposit") shall be set forth on the applicable Service Order. Security Deposit shall mean an amount paid by the Customer and maintained on deposit with RFCNET for the duration of the term of this Agreement. RFCNET shall refund the Security Deposit upon the return of all CPE by Customer at the termination of this Agreement. RFCNET reserves the right to adjust the amount of Security Deposit to be refunded to Customer, or forfeit the Deposit in-lieu or payment option, as deemed reasonable by RFCNET, based on the condition of CPE at return. Applicable handling and additional charges may apply.
d) RFCNET shall not be responsible for the installation, operation, or maintenance of equipment (including without limitation, cabling) not provided by RFCNET as CPE (collectively, "non-RFCNET equipment or software"). Impairment of Customer's use of the Services due to non-RFCNET equipment or software shall not relieve Customer of its payment obligation hereunder. RFCNET shall not be responsible for any changes in the Services which may cause non-RFCNET equipment or software to become obsolete, to require modification or alteration, or otherwise affect performance of equipment or software. RFCNET reserves the right to allow or refuse the make, model and/or software revision of a Customer-provided router or similar equipment to be used as a gateway to the Services, and Customer shall cooperate with RFCNET in setting up the initial configuration for the Customer-provided router's interface with the Services.
8. INSTALLATION.
a) Customer shall make all necessary preparations required to permit installation, maintenance and operation of the Services and will provide RFCNET, and its suppliers of communication services and equipment, reasonable access to Customer's premises, including free access to all leased telephone lines and roof top, to perform any activities reasonably required under this Agreement. Customer shall have all non-RFCNET equipment or software available and operable for use with Services or CPE.
b) Additional Fees may be incurred. In the event that special construction, facilities, or additional equipment including but not limited to, longer cable, additional grounding, higher tower or masts, or specialized antennas are required, additional labor will be billed at $100.00/hr. Any additional charges will require customer written or verbal consent prior to installation.
9. TERM OF AGREEMENT.
This agreement will automatically renew for like term if not cancelled by Customer in writing sixty (60) days prior to end of agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Customer, to terminate your account.
10. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to RFCNET in writing by registered or certified mail, return receipt requested addressed to RFCNET , PO BOX 2256, Naperville, IL 60567. Charges to your account will stop accruing 30 days from the day RFCNET provides you with a cancellation confirmation number. If you terminate your account prior to completion of this agreement a cancellation fee pursuant to terms set forth in the Service Order will be charged and all CPE must be returned to RFCNET at Customer expense. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on RFCNET's servers or email, anything stored on this space will be deleted upon termination. Without prior notice, RFCNET may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if RFCNET, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. RFCNET may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.
11. JURISDICTION.
This Agreement is governed by Illinois state law without regard to conflict of law provisions.
The federal and state courts located in Illinois alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Illinois with respect to such matters or otherwise between you and RFCNET, and waive your rights to removal or consent to removal.
12. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain "RFCNET.com", "RFCNET.net", or any other site operated by RFCNET (the "Web site") is a complimentary information service offered by RFCNET at no charge to users.
We may provide links on the Web site to other Web sites, which are not under our control. In general, any Web site that has an address (or URL) that does not contain "RFCNET.com", "RFCNET.net", is such a Web site. These links are provided for convenience only and are not intended as an endorsement by RFCNET of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by RFCNET. RFCNET assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold RFCNET harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify RFCNET from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. RFCNET will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to RFCNET to use on the Web site will be deemed to be a grant by you to RFCNET of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
13. INDEMNIFICATION.
Customer shall defend, indemnify and hold harmless RFCNET, its affiliates, officers, directors, employees, agents and assigns from and against all claims or actions, threatened claims or actions, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, relating to or arising from: (a) the use of the Services or the Internet in general or the placement or transmission of any message, information, software or other materials or content on the Internet by Customer or its authorized users; (b) willful misconduct or negligent acts of Customer, its authorized users, agents or contractors in connection with this Agreement; (c) infringement of any patent, trademark, copyright or any other proprietary rights arising from or relating to the use of any equipment, software, or system not provided by RFCNET; and (d) the violation of any Laws.
14. TRANSFER AND ASSIGNMENT.
This Agreement shall be binding on the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other, which consent shall not be unreasonably withheld, except that RFCNET may assign its rights and obligation under this Agreement without approval of Customer to an entity that acquires all or substantially all of the assets of RFCNET or to any subsidiary or affiliate or successor in a merger or acquisition of RFCNET; provided that in no event shall such assignment relieve RFCNET of its obligation under this Agreement.
15. MISCELLANEOUS.
a) A failure by RFCNET to insist upon strict compliance with any of the terms of this Agreement in any instance shall not be construed as a waiver of such terms in the future.
b) If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. This Agreement shall be interpreted in accordance with the laws of the State of Illinois, without reference to its principles of conflicts of laws.
c) This Agreement, the Acceptable Use Policy, the Privacy Policy, and RFCNET's other user policies posted on RFCNET's Web site constitute the entire agreement between you and RFCNET with respect to your use of the Services. RFCNET may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on RFCNET's Web site (http://www.RFCNET.com).
RFCNET, a division of RFCnet, Inc. ("RFCNET") provides its Internet services, as they may exist from time to time ("Services"), to users who pay a monthly service fee to subscribe to the Services ("Customers") as well as to those who access some of our Services but do not have accounts ("Visitors"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the Service Agreement, including any future revisions, you may not use the Services and if you are a current Customer, you must terminate your use of the Services under Section 10.
2. SUBSCRIPTION REQUIREMENTS.
Customers must be a legal business entity or at least 18 years old. Additionally, Customer must obtain an approved credit application or possess a valid credit card. RFCNET reserves the right to decline to provide Services to any Customer for any reason. Customer must give permission to RFCNET to check Customer's credit and shall provide references upon request. Current prices for RFCNET's Services are posted throughout our website at www.rfcnet.com. These rates may also be obtained by calling (866) RFC-NET9. RFCNET reserves the right to change prices and institute new fees at any time.
3. PAYMENT OBLIGATIONS OF A CUSTOMER.
a) Customers must (i) provide RFCNET with accurate and complete credit application, including legal name, address, telephone number, and credit card/billing information, and (ii) report to RFCNET all changes to this information within thirty (30) days of the change. Customers are responsible for any charges to their account.
b) Customers having questions regarding charges to an account, should contact RFCNET's Customer Service Department at (866) RFC-NET9. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
c) Charges are billed according to the terms of an approved credit application, or to Customer's credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. RFCNET is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by RFCNET.
d) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
e) If you purchase Services through a reseller who in turns pays RFCNET, the reseller must pay all amounts owing for your account. If the reseller fails to pay RFCNET any amounts due-whether or not you have paid the reseller-your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
f) Delinquent accounts may be suspended or canceled at RFCNET's sole discretion; however, charges will continue to accrue until the account is canceled. Accounts in excess of thirty (30) days overdue will accrue interest charges at the lesser of 1.5% per month or the highest rate permitted by law. RFCNET will bill an additional charge of $250.00 to reinstate a suspended account and require the prepayment of six (6) months service.
g) If Customer defaults, refuses to pay, or allows account to fall into arrears, Customer agrees to pay RFCNET it's reasonable expenses, including court costs, attorney's fees, and collection fees, incurred in enforcing its rights under these Terms and Conditions.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Customers receive a username, password, and account designation. The Customer, including all employees of your company, (or you and members of your household if you have purchased a residential account) are the only authorized users of your RFCNET account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify RFCNET immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Customer's allotted email space may, at RFCNET's discretion, be transferred to a compressed temporary file or storage. RFCNET may delete the temporary file from the server 30 days after notifying you. You may establish a commercial or high-volume account by contacting RFCNET. Usernames, passwords and email addresses are RFCNET's property and RFCNET may alter or replace them at any time.
5. MONITORING THE SERVICES.
RFCNET has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if RFCNET, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Customers. Please see our Privacy Policy. RFCNET may immediately remove your material or information from RFCNET's servers, in whole or in part, which RFCNET, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY RFCNET, RFCNET DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. RFCNET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RFCNET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS SUCH AS MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN TRANSMISSIONS, OR OTHER DEFECTS. RFCNET DOES NOT WARRANT THAT SERVICE, THE INTERNET, ASSOCIATED EQUIPMENT OR DEVICES WILL BE FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP OR WILL WITHSTAND EXTRAORDIANRY WEAR AND TEAR OR ACTS OF GOD SUCH AS FIRE, FLOOD, LIGHTNING, WATER, VOLTAGE SURGES, WIND, AND OTHER NATURAL DISATERS, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND RFCNET CONTROL. RFCNET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH RFCNET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY RFCNET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. RFCNET AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE INTERNET, ASSOCIATED EQUIPMENT OR DEVICES INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
7. SOFTWARE AND HARDWARE.
a) RFCNET grants to each Customer a limited, nonexclusive, nontransferable and non-assignable license to install and use the RFCNET access software (including software from third-party vendors that RFCNET distributes, pursuant to third party license agreements), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Customer agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. RFCNET may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Customer.
The Licensed Programs constitute confidential and proprietary information of RFCNET and RFCNET's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with RFCNET and RFCNET's licensors or third parties. Customer shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
b) Customer Premises Equipment ("CPE") shall mean equipment that is owned by RFCNET but is located on the Customer premises. RFCNET is responsible for the maintenance of this equipment unless otherwise expressly provided under this agreement. RFCNET shall maintain each item of CPE in good condition, except for normal wear and tear. Customer is responsible for ensuring that CPE is kept in a place on Customer's premises that remains clear of obstructions, hazardous materials, or items, which could reasonably be foreseen to damage or affect the performance of the CPE.
Customer shall promptly return all CPE to RFCNET and/or promptly provide RFCNET with reasonable access to Customer's facilities in order to recover the CPE, upon termination of this Agreement. RFCNET shall retain title to CPE. Customer, at its expense, shall protect RFCNET's title and keep the CPE free from all claims, liens, encumbrances and legal processes and Customer shall notify RFCNET of any claims, liens, encumbrances or legal processes with respect to the CPE. The CPE is personal property and is not to be regarded as part of the real estate on which it may be situated. RFCNET shall have the right to inspect the CPE at the premises where the CPE is located. Customer shall not make any addition, alteration, or attachment to the CPE without RFCNET's prior written consent. Customer shall make no repair, addition, alteration or attachment to the CPE that interferes with the normal operation or maintenance thereof, or might result in the creation of a mechanic's lien.
Customer failure to promptly return CPE and/or provide RFCNET with adequate recovery opportunity, will result in Customer being charged for full value of unrecovered CPE. All such charges are due and payable upon issuance, credit can be issued if CPE is ultimately recovered at a later date.
c) Except as otherwise set forth in this Agreement, a refundable security deposit ("Security Deposit") shall be set forth on the applicable Service Order. Security Deposit shall mean an amount paid by the Customer and maintained on deposit with RFCNET for the duration of the term of this Agreement. RFCNET shall refund the Security Deposit upon the return of all CPE by Customer at the termination of this Agreement. RFCNET reserves the right to adjust the amount of Security Deposit to be refunded to Customer, or forfeit the Deposit in-lieu or payment option, as deemed reasonable by RFCNET, based on the condition of CPE at return. Applicable handling and additional charges may apply.
d) RFCNET shall not be responsible for the installation, operation, or maintenance of equipment (including without limitation, cabling) not provided by RFCNET as CPE (collectively, "non-RFCNET equipment or software"). Impairment of Customer's use of the Services due to non-RFCNET equipment or software shall not relieve Customer of its payment obligation hereunder. RFCNET shall not be responsible for any changes in the Services which may cause non-RFCNET equipment or software to become obsolete, to require modification or alteration, or otherwise affect performance of equipment or software. RFCNET reserves the right to allow or refuse the make, model and/or software revision of a Customer-provided router or similar equipment to be used as a gateway to the Services, and Customer shall cooperate with RFCNET in setting up the initial configuration for the Customer-provided router's interface with the Services.
8. INSTALLATION.
a) Customer shall make all necessary preparations required to permit installation, maintenance and operation of the Services and will provide RFCNET, and its suppliers of communication services and equipment, reasonable access to Customer's premises, including free access to all leased telephone lines and roof top, to perform any activities reasonably required under this Agreement. Customer shall have all non-RFCNET equipment or software available and operable for use with Services or CPE.
b) Additional Fees may be incurred. In the event that special construction, facilities, or additional equipment including but not limited to, longer cable, additional grounding, higher tower or masts, or specialized antennas are required, additional labor will be billed at $100.00/hr. Any additional charges will require customer written or verbal consent prior to installation.
9. TERM OF AGREEMENT.
This agreement will automatically renew for like term if not cancelled by Customer in writing sixty (60) days prior to end of agreement. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Customer, to terminate your account.
10. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to RFCNET in writing by registered or certified mail, return receipt requested addressed to RFCNET , PO BOX 2256, Naperville, IL 60567. Charges to your account will stop accruing 30 days from the day RFCNET provides you with a cancellation confirmation number. If you terminate your account prior to completion of this agreement a cancellation fee pursuant to terms set forth in the Service Order will be charged and all CPE must be returned to RFCNET at Customer expense. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on RFCNET's servers or email, anything stored on this space will be deleted upon termination. Without prior notice, RFCNET may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if RFCNET, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. RFCNET may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.
11. JURISDICTION.
This Agreement is governed by Illinois state law without regard to conflict of law provisions.
The federal and state courts located in Illinois alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Illinois with respect to such matters or otherwise between you and RFCNET, and waive your rights to removal or consent to removal.
12. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain "RFCNET.com", "RFCNET.net", or any other site operated by RFCNET (the "Web site") is a complimentary information service offered by RFCNET at no charge to users.
We may provide links on the Web site to other Web sites, which are not under our control. In general, any Web site that has an address (or URL) that does not contain "RFCNET.com", "RFCNET.net", is such a Web site. These links are provided for convenience only and are not intended as an endorsement by RFCNET of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by RFCNET. RFCNET assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold RFCNET harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify RFCNET from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. RFCNET will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to RFCNET to use on the Web site will be deemed to be a grant by you to RFCNET of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
13. INDEMNIFICATION.
Customer shall defend, indemnify and hold harmless RFCNET, its affiliates, officers, directors, employees, agents and assigns from and against all claims or actions, threatened claims or actions, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, relating to or arising from: (a) the use of the Services or the Internet in general or the placement or transmission of any message, information, software or other materials or content on the Internet by Customer or its authorized users; (b) willful misconduct or negligent acts of Customer, its authorized users, agents or contractors in connection with this Agreement; (c) infringement of any patent, trademark, copyright or any other proprietary rights arising from or relating to the use of any equipment, software, or system not provided by RFCNET; and (d) the violation of any Laws.
14. TRANSFER AND ASSIGNMENT.
This Agreement shall be binding on the parties hereto and their respective successors and assigns. Neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other, which consent shall not be unreasonably withheld, except that RFCNET may assign its rights and obligation under this Agreement without approval of Customer to an entity that acquires all or substantially all of the assets of RFCNET or to any subsidiary or affiliate or successor in a merger or acquisition of RFCNET; provided that in no event shall such assignment relieve RFCNET of its obligation under this Agreement.
15. MISCELLANEOUS.
a) A failure by RFCNET to insist upon strict compliance with any of the terms of this Agreement in any instance shall not be construed as a waiver of such terms in the future.
b) If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. This Agreement shall be interpreted in accordance with the laws of the State of Illinois, without reference to its principles of conflicts of laws.
c) This Agreement, the Acceptable Use Policy, the Privacy Policy, and RFCNET's other user policies posted on RFCNET's Web site constitute the entire agreement between you and RFCNET with respect to your use of the Services. RFCNET may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on RFCNET's Web site (http://www.RFCNET.com).
Latest on the blog
-
Voice Services
by Admin on Jan 7, 2023 -
Broadband Services
by Admin on June 21, 2023 -
Cloud Services
by Admin on June 18, 2022