INTERNET SUBSCRIBER AGREEMENT
Introduction
This Agreement (the "Agreement") sets forth the terms and conditions under
which RC Technologies Corporation ("RTC") agrees to provide email and internet
access service (hereinafter the "Service") to you. By completing the
registration and using the Service, you (i) agree to abide by, and require
others using the Service via your account to abide by the terms of this
Agreement, and (ii) represent and warrant that you are at least 18 years of
age. If you do not agree with the foregoing, you may not use the Service
and must return the installation software, equipment, and all associated
materials to RTC. This Agreement takes effect on the date on which you
accept this Agreement, and continues until your subscription is terminated.
RTC reserves the right to modify the terms of this Agreement or prices for
the Service and may discontinue or revise any or all other aspects of the
Service in its sole discretion at any time by posting changes online. Your
continued use of the Service after changes are posted constitutes your
acceptance of this Agreement as modified by the posted changes. The
updated, online version of this Agreement shall supersede any prior version of
this Agreement that may have been included in any software or related materials
provided by RTC. This Agreement should be read in conjunction with our
Acceptable Use Policy, Online Privacy Policy, and other applicable policies.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY
STOP THE USE OF THE SERVICE AND NOTIFY THE RTC CUSTOMER SERVICE DEPARTMENT SO
THAT YOUR ACCOUNT MAY BE CLOSED.
1. Subscription
Your subscription entitles you to use the Service. Your subscription is
personal to you, you agree not to assign, transfer, resell or sublicense your
rights as a subscriber unless specifically allowed by this Agreement. You
agree that you are solely responsible and liable for any and all breaches of the
terms and conditions of this Agreement, whether such breach results from your
use of the Service or by another using your computer. You agree to contact
RTC immediately upon the occurrence of any change in the status of your account
(e.g., change in individuals authorized to use your account) for the purpose of
updating your account information.
2. Payment Terms
RTC will invoice you monthly. Payment in full is due within
thirty (30) days after the date of invoice unless other arrangements are made
and agreed to by both parties in writing. If payment is not made when due,
RTC may terminate the Service. Service interruption does not relieve you
of your obligation to pay monthly charges incurred. Any amount not paid by
you on or before the due date is subject to an interest charge accruing from
such date until receipt of payment by RTC at a rate equal to 1.5 percent
per month or at the highest rate permitted by law, whichever is less. You
may reinstate the Service upon payment in full of any outstanding balance and
another initial administrative fee. All fees payable hereunder are
exclusive of sales, use, value-added, excise and other similar taxes, which
shall be paid by you, excluding the RTC’s franchise tax and taxes based on the
RTC’s net income.
3. Technical Support
RTC will provide you technical support upon activation of your account for
initial set up and ongoing use of the email and internet access services.
4. Passwords
Upon subscribing for the Service, you will select a unique password.
You are responsible for maintaining the confidentiality of the password and are
liable for any harm resulting from disclosing or allowing disclosure of any
password. In the event of a breach of security, you will remain liable for
any unauthorized use of the Service until you notify RTC.
5. Software License
RTC grants to you a limited, nonexclusive, nontransferable and nonassignable
license to install and use RTC's access software (including software from third
party vendors that RTC distributes, hereinafter referred to as the "Licensed
Software"), in order to access and use the Service. RTC may modify the
Licensed Software at any time, for any reason, and without providing notice of
such modification to you. The Licensed Software constitutes confidential
and proprietary information of RTC and RTC's licensors and contains trade
secrets and intellectual property protected under United States
copyright laws, international treaty provisions, and other laws. All
right, title, and interest in and to the Licensed Software, including associated
intellectual property rights, are and shall remain with RTC and its
licensors. You agree to comply with the terms and conditions of all end
user software license agreements accompanying any software or plug-ins to such
software distributed by RTC in connection with the Service. You shall not
translate, decompile, reverse engineer, distribute, remarket, or otherwise
dispose of the Licensed Software or any part thereof. You acknowledge that
the Licensed Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations of the
United
States. You agree not to export or re-export
the Licensed Software, directly or indirectly, to any countries that are subject
to United
States export restrictions. Your right to use
the Licensed Software terminates upon termination of this Agreement.
6. Prohibited Uses/Acceptable Use Policy
You agree to use the Service strictly in accordance with the Acceptable Use
Policy located at http://www.tnics.com/acceptable_use which may be modified by RTC
from time to time, and which is incorporated herein by reference and made a part
of this Agreement.
7. Posting to RTC
You are solely responsible and liable for all material that you upload, post,
email, transmit or otherwise make available via the Service, including, without
limitation, material that you post to any RTC Website or any third party
vendor's service (e.g., newsgroups) that is used by RTC. RTC does not
claim ownership of material you submit or make available for inclusion on the
Service. However, with respect to material you submit or make available
for inclusion on publicly accessible areas of the Service, you grant RTC a
world-wide, royalty free and non-exclusive license(s) to: use your material in
connection with RTC's businesses including, but not limited to, the rights to:
copy, distribute, publicly perform, publicly display, transmit, publish your
name in connection with the material, and to prepare derivative works. No
compensation will be paid with respect to the use of your material.
8. Links to Third Party Web Sites
In your use of the Service and/or RCT Web sites, you may encounter various
types of links that enable you to visit Web sites operated or owned by third
parties ("Third Party Site(s)"). These links are provided to you as a
convenience and are not under the control or ownership of RCT. The
inclusion of any link to a Third Party Site is not (i) an endorsement by RCT of
the Third Party Site, (ii) an acknowledgement of any affiliation with its
operators or owners, or (iii) a warranty of any type regarding any information
or offer on the Third Party Site. Your use of any Third Party Site is
governed by the various legal agreements and policies posted at that Web
site.
9. Monitoring and Removal of Content
RCT is under no obligation to monitor the Service. However, RCT
reserves the right at all times and without notice to remove, restrict access
to, or make unavailable, any content on its servers that it considers, in its
sole discretion, obscene, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable, and to monitor, review, retain and/or
disclose any content or other information in RCT's possession about or related
to you, your use of the Service or otherwise as RCT deems necessary to satisfy
any applicable law, regulation, legal process, or governmental request.
10. No Expectation of Privacy
You acknowledge that transmissions made by means of the Service are not
confidential and that your communications may be read or intercepted by
others. You acknowledge that by transmitting materials by means of the
Service, no confidential, fiduciary, contractually implied or other relationship
is created between you and RCT. For information regarding your privacy,
please see RCT’s Privacy Policy at [insert website for policy]. RCT
encourages you to periodically review this statement, as it is updated on a
regular basis.
11. No Spam or Other Unsolicited Bulk E-mail
RTC may immediately terminate any subscriber account that it determines, in
its sole discretion, is transmitting or is otherwise connected with any "spam"
or other unsolicited bulk e-mail. RTC reserves the right to block, reject
or remove what it considers in its sole discretion to be "spam" or other
unsolicited bulk e-mail from the Service and RTC shall have no liability for
blocking any e-mail considered to be “spam.”
12. Warranties
You represent, warrant and covenant to RCT that you will not transmit
by means of the Services any materials of any kind which (i) violate,
plagiarize, or infringe on the Intellectual Property Rights or contractual
rights of any third party; (ii) are exported in violation of any law, rule, or
regulation governing exports from the United States; and (iii) contain unlawful,
harmful, threatening, abusive, harassing, pornographic, indecent or constitutes
child pornography under applicable law, defamatory, vulgar, obscene, profane,
hateful, racially, ethnically or otherwise objectionable content, including, but
not limited to, any content which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law; (iv) contain Viruses or
any other malicious code designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment.
13. Indemnification
You agree to indemnify, defend and hold harmless RCT, and any company in
control of, controlled by or under common control with RCT (“Affiliates”) and
their respective officers, directors, employees, agents, successors,
subsidiaries, parent and assigns, for all damages, liability, penalties, awards,
judgments and expenses, including reasonable attorneys’ fees, incurred by RCT or
its Affiliates in connection with any claims against such parties by any third
party arising out of any breach by you of the foregoing representations,
warranties and covenants, including, without limitation, attorneys’ fees and
costs. You shall cooperate as fully as reasonably required in the defense
of any claim. RCT reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without the written
consent of RCT.
14. Disclaimer of Warranty and Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. RCT MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, ABOUT THE
SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF
THE SERVICE. THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED “AS IS” AND
“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. RCT DOES NOT WARRANT OR
REPRESENT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS THE SERVICE AT ANY TIME OR IN ANY
GEOGRAPHIC AREA, OR THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OR
PERFORMANCE QUALITY. RCT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESSED, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICE, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, ORIGINALITY OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
NON-INFRINGEMENT OR WARRANTIES OF LACK OF VIRUSES. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, RCT MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE
OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN
THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, RCT’S
NEGLIGENCE.
RCT SHALL HAVE NO LIABILITY FOR VIRUSES, OR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF, THE SERVICE OR THE CONTENT THROUGH
ACCIDENT, WILLFUL ACTS OF THIRD PARTIES, FRAUDULENT MEANS OR DEVICES.
RCT’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, WHETHER IN AN ACTION IN
CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT
LIABILITY, FOR ANY LOSS OR INJURY ARISING OUT OF, CONNECTED WITH OR RESULTING
FROM THE PERFORMANCE OR BREACH OF THESE TERMS OR THE USE, PERFORMANCE OR
NONPERFORMANCE OF THE SERVICE PROVIDED HEREUNDER OR THE SERVICE, OR ANY PART
THEREOF, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY YOU TO RCT DURING
THE PRIOR SIX MONTH PERIOD FOR THE SERVICE THAT CAUSE THE LOSS OR INJURY OR ARE
THE SUBJECT MATTER OF THE CLAIM OR CAUSE OF ACTION.
15. Consequential Damages
RCT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR COVER DAMAGES (EVEN IF RCT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PERFORMANCE,
ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THE SERVICE FURNISHED HEREUNDER,
INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM VIRUSES, THE USE OR
INABILITY TO USE THE SERVICE, DELAY OF DELIVERY OR COMPLETION OF SERVICE,
INACCURACY OR MISREPRESENTATION OF DATA, OR LOSS OF PROFITS, DATA, BUSINESS OR
GOODWILL.
16. Modifications
RTC has the right to modify this Agreement, including monthly fees. Any
modification is effective immediately upon either a posting on the RTC Home Page
(http://www.tnics.com), or upon notice by electronic mail, or
U.S. mail. Your continued use
of the Service following notice of any modification to these Terms shall be
conclusively deemed an acceptance of all such modification(s). Your only
right with respect to any dissatisfaction with any modifications made pursuant
to this provision, or any policies or practices of RCT in providing the Service,
including, without limitation, any change in the content of the Service, or any
change in the amount or type of fees, is to terminate these Terms by delivering
notice to RCT. Such notice will be effective upon receipt by RCT.
17. Termination
Either party may terminate this Agreement at any time without cause by
providing the other party with no less than twenty-four (24) hours written
notice of such termination. In the event of termination by you, you must
notify RCT by telephone or by a non-electronic written submission. E-mail
submissions shall not constitute effective notice. In the event of
termination by RCT, RCT may notify you of such termination by electronic or
other means. In those cases where you elect annual prepayment terms, you
agree and understand that the calculation of any refund for unused Service will
be based upon the normal rate for the Service and not upon the discounted annual
prepayment rate.
You expressly agree that upon termination of this Agreement: (i) You will pay
RCT in full for your use of any Equipment and Service up to the later of the
effective date of termination of this Agreement or the date on which the Service
and any Equipment have been disconnected and returned to RCT. You agree to
pay RCT on a pro-rated basis for any use by you of any Equipment or Services for
a part of a month; (ii) You will permit RCT to access your premises at a
reasonable time to remove any Equipment and other material provided by RCT;
(iii) You will ensure the immediate return of any Equipment to RCT; (iv) You
will return or destroy all copies of any software provided to you pursuant to
this Agreement; and (v) RCT is authorized to delete any files, programs, data
and e-mail messages associated with such account.
18. Intellectual Property Infringement Claims
RCT is registered under the Digital Millennium Copyright Act of 1998. In
accordance with Title 17, United States Code, Section 512(c)(3), if you believe
that a Web page hosted by RCT is violating your rights under U.S. copyright law,
you may file a complaint of such claimed infringement with RCT's designated
agent. See RCT's Claim of Copyright Infringement Policy.
19. General
These Terms constitute the entire agreement and understanding between the
parties hereto and is the final expression of their agreement, and no evidence
of oral or other written promises shall be binding and will be governed
under and construed in accordance with the laws of the State of South Dakota. You
hereby consent to jurisdiction and venue in any federal or state court located
in Roberts County, South Dakota and waive all objections thereto. The
failure to enforce or to require the performance at any time of any of the
provisions of these Terms will not be construed as a waiver of such provisions
and shall not affect either the validity of these Terms or the right of any
party thereafter to enforce any provisions of these Terms. You may not
assign your rights or obligations under these Terms, in whole or in part,
whether by assignment, merger, transfer of assets, sale of stock, operation of
law or otherwise, and any attempt to do so shall be deemed a material breach of
these Terms. RCT may assign its rights and obligations under these Terms,
including but not limited to subcontractors. No action (including
arbitration), regardless of form, arising out of transactions under these Terms,
shall be brought by either party more than one (1) year after the cause of
action has accrued. This limitation shall not apply to any action brought
by RCT for collection of any accrued amounts owed by you to RCT. Sections
12, 14, 15, and this Section 19 of these Terms shall survive the termination of
these Terms, and said termination shall not affect the validity or
enforceability of such sections. Except for the payment of fees by you, if
the performance of any part of these Terms by either party is prevented,
hindered, delayed or otherwise made impracticable by reason of any flood, riot,
fire, judicial or governmental action, labor disputes, act of God or any other
causes beyond the control of either party, that party shall be excused from such
to the extent that it is prevented, hindered or delayed by such causes.
These Terms will apply to other internet services provided by RCT to you not
listed on this form unless otherwise specified and acknowledged in writing by
both parties.
20. Contact Information
For any questions regarding the Subscriber Agreement, please contact us
at the following:
Email: tnics@tnics.com
Phone: 605-637-5211 or 800 256 6854
US Mail: RC Technologies, PO Box 33 New Effington SD 57255
