Terms Of Service
RestWay, ("The Company") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of RestWay Service constitutes acceptance and agreement to RestWay's
AUP as well as RestWay's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of RestWay, and AUP (Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance with
the laws of the country of Belgium, Europe.
- Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber agrees
that the Company may disclose any and all subscriber information including
assigned IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification
to the Subscriber. In addition RestWay shall have the right to terminate
all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of service
goals including but not limited to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent upon receipt by
the Company of payment of stated charges. Subsequent payments are due
on the anniversary date of the month for that month's service.
- Payments and Fees: Credit cards that are declined for any reason are
subject to a $1.00 declination fee. Service will be interrupted on accounts
that reach 25 days past due. Service interrupted for nonpayment is subject
to a $200 reconnect charge. Accounts not paid by due date are subject
to a $7.95 late fee. Accounts that are not collectable by RestWay
may be turned over to an outside collection agency for collection. If
your account is turned over for collection, you agree to pay the company
a "Processing and Collection" Fee of not less than $50 nor
more than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
- Refund and Disputes: All payments to RestWay, are nonrefundable.
This includes the one time setup fee and subsequent charges regardless
of usage. All overcharges or billing disputes must be reported within
60 days of the time the dispute occurred. If you dispute a charge to
your credit card issuer that, in RestWay's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you agree
to pay RestWay an "Administrative Fee" of not less than
$50 and not more than $150.
- Failure to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when due.
Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.
- Account Cancellation: All requests for canceling accounts must be
made in writing with at least 30 days notice but not more than 60 days
prior written notice and sent to RestWay Attn: Cancellations, P.
O. Box 541673, Houston, TX 77254-1673 or you may call 713-333-7873 or
fax the cancellation request to 713- 942-9332. You must have all account
information to cancel.
- Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the negligence
of the company and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond
the direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or
injury.
- New Domain Accounts: All new webhosting accounts involving new domains
will be set up and entered into our DNS servers within 3 to 5 business
days. Due to unforeseen complications, however, this process may sometimes
require up to 7 business days. If the new domain is registered by the
account holder, there will be no handling fee. If the domain is registered
by RestWay, on behalf of the account holder a handling fee
will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer
of a domain from another provider to RestWay, will require
a minimum of seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may take up to sixty (60) days. Due to
the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take. If the
transfer of the domain is done by RestWay, on behalf of the
account holder a handling fee will be incurred. If the customer cancels
service during the transfer period for any reason, all charges are considered
earned.
- Support Boundaries: RestWay, provides 24 x 7 technical support
to our subscribers (except for few holidays and short company meetings
when we close our center.) We limit our technical support to our area
of expertise. The following is our guidelines when providing support:
RestWay provides support related to your server or virtual site
physical functioning. RestWay does not offer tech support for application
specific issues such as cgi programming, html or any other such issue.
RestWay does not provide technical support for YOUR customers. If
you can email, we encourage you to email support@RestWay.net for
assistance. If you are able to get online and have other questions,
the answers may be on our home page at http://www.RestWay.net/support/
- we encourage you to check there first. Lastly, the Help files in the
program you are using may have the answer to your question so please
do investigate these resources before calling tech support.
- SPAM and Unsolicited Commercial Email (UCE): RestWay takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE)
or SPAM over our network. Very simply this means that customers of RestWay
may not use or permit others to use our network to transact in UCE.
Customers of RestWay may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination of service.
- Violation of RestWay's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, RestWay
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, RestWay may restrict customer access
to the network to prevent further violations. If a customer is found
to be in violation of our SPAM policy, RestWay may, at its sole
discretion, restrict, suspend or terminate customer's account. Further,
RestWay reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy
violation. RestWay will notify law enforcement officials if
the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users
who violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed
$175 per hour that RestWay personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of
their clients over the RestWay network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
- Network
- IP Address Ownership: If RestWay assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to RestWay, and Customer
shall have no right to use that Internet Protocol address except
as permitted by RestWay in its sole discretion in connection
with the Services, during the term of this Agreement. RestWay
shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by RestWay, and
RestWay reserves the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN's
new policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that you MUST use
name-based hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed
Usage"). RestWay will monitor Customer's bandwidth and
disk usage. RestWay shall have the right to take corrective
action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional
charges, disconnection or discontinuance of any and all Services,
or termination of this Agreement, which actions may be taken is
in RestWay's sole and absolute discretion. If RestWay takes
any corrective action under this section, Customer shall not be
entitled to a refund of any fees paid in advance prior to such action.
- System and Network Security: Users are prohibited from violating
or attempting to violate the security of the RestWay Network.
Violations of system or network security may result in civil or
criminal liability. RestWay will investigate occurrences, which
may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization.
- Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such
User is not entitled.
- Notification of Violation:
- RestWay is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor or
police Internet-related activities.
- First violation: Any User, which RestWay determines to have
violated any element of this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be subject
at RestWay's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that RestWay determines to have committed
a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of service
without further notice.
- We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before attempting
to contact you. If we do this, we will contact you as soon as is
feasible.
- Suspension of Service or Cancellation: RestWay reserves the right
to suspend network access to any customer if in the judgment of the
RestWay network administrators the customer's server is the source
or target of the violation of any of the other terms of the AUP or for
any other reason which RestWay 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 contacted
regarding the activity. The customer will not be credited for the time
the customer's machines were suspended.
- RestWay reserves the right to amend its policies at any time.
All Sub-Networks, resellers and managed servers of RestWay must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest to implement
a similar or stricter Terms and conditions or otherwise called Acceptable
Terms of use policy.
- Indemnification: RestWay wishes to emphasize that in agreeing
to the RestWay Acceptable Use Policy (AUP) and Terms of Service
(ToS), customer indemnifies RestWay for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss to
RestWay or the bringing of any claim against RestWay by any
third-party. This means that if RestWay is sued because of a customer's
or a customer of a customer's activity, the customer will pay any damages
awarded against RestWay, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at
anytime without further obligation.
- RestWay takes no responsibility for any material input by
others and not posted to the RestWay Network by RestWay.
RestWay is not responsible for the content of any other websites
linked to the RestWay Network; links are provided as Internet
navigation tools only. RestWay disclaims any responsibility
for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
- RestWay is not responsible for any damages your business may
suffer. RestWay does not make implied or written warranties
for any of our services. RestWay denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by RestWay.
- IRC Servers: RestWay subscribers are not permitted to run IRC
servers on the dedicated Raq’s
- Adult Content: - Adult Content or links to Adult Content are not permitted
on RestWay Servers.
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