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Terms of Service and Use Policy - last modified 5/1/2007
All users of Amplex Electric, Inc.'s (Amplex) services, and all customers, agree to comply with Amplex's
Terms of Service and Use policy. Amplex reserves the right to make changes
to this policy by posting the changes to this page without further notice.
The Terms of Service on this page supersedes any other agreement with Amplex,
whether written, oral, by conduct, or otherwise. Continued use of Amplex's
services indicates your acceptance of this policy.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL AMPLEX (INCLUDING, WITHOUT
LIMITATION, AMPLEX'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS,
EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR
ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING AMPLEX'S
SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR
PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE
PRODUCTS AND/OR AMPLEX SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR
FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF
ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY AMPLEX'S
SERVICES EVEN IF AMPLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AMPLEX'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD
PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR AMPLEX'S SERVICES,
INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR
OMISSION BY AMPLEX OR AMPLEX'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF
LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR
AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH
DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE
DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
- Amplex Electric, Inc. (Amplex) exercises no control whatsoever over the content of information passing through our service. Amplex makes no warranties of any kind, whether expressed of implied
for the service it is providing. Amplex also disclaims any warranty of merchantability or fitness for a particular purpose. Amplex will not be responsible for damages you suffer. This includes
but is not limited to: loss of data, disclosure of data, non-deliveries, mis-deliveries,
disk failures, lack of backups, failure of backups, or service interruptions caused by our negligence or your errors or omissions.
- Use of any information obtained via Amplex is at your own risk. Amplex specifically denies any responsibility for the accuracy or quality of information obtained through its services. Transmission of any material in violation of any US or State regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or
obscene, or material protected by trade secret. You agree to
indemnify and hold harmless Amplex from any claims resulting from your use of the service which damages you or another party.
- Sharing of dialup or wireless accounts is considered theft of services and may result in the termination of your account without refund.
- Except where Amplex has expressly agreed in writing to
the contrary, customers are solely and entirely responsible, and Amplex is
in NO way responsible, for the management and backup of all customer data,
and all updates, upgrades, and patches to any software that customers use in
connection with Amplex services.
- Using any Amplex account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail (for example, by
maintaining a spamvertised Web site), is prohibited.
Amplex reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are
"unsolicited." A complaint from the recipient is presumptive evidence that the message was unsolicited. Amplex has no obligation to refer complaints to the sender or to identify complaining parties.
Conduct that directly or indirectly encourages, permits, or relies on spamming is included in this prohibition. Examples include failure to implement technical or administrative measures to
prevent mass unsolicited e-mail, or providing spam "support services" such as e-mail dropboxes or sales of spamware.
Similarly, using any Amplex account or server
to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.
Amplex reserves the right to make the determination whether a
given message violates the newsgroup or mailing list charter. In most cases Amplex will defer to the judgment of the newsgroup or mailing list moderator or administrator. Commercial
messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.
- Amplex will not be liable for damages (or any other actions) due to the release of
information when attempting to comply with requests that Amplex, in its sole
discretion, believe to be valid at the time the disclosure is made.
- Amplex reserves the right to determine who our mail servers we will accept e-mail from. Services that send unacceptable amounts of e-mail that we believe to be spam or use excessive resources on our
system may be blocked without notice.
- Any "denial of service" attack, any attempt to breach authentication or security measures, any
intentional release of a virus or worm, or any unauthorized attempt to gain access to any
other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.
- Maintaining an open mail relay invites senders of mass unsolicited commercial e-mail to exploit the server by using it for spamming. Failure or refusal to take appropriate steps to
close an open mail relay on Amplex's network is grounds for temporary suspension or permanent termination of service.
- NO Unsolicited
Commercial E-mail (UCE) or Unsolicited Bulk E-mail (UBE) is permitted to be
delivered to any domain for which Amplex serves as a mail (MX) host.
If you violate this policy you agree to pay to Amplex Electric, Inc. the sum
of $50.00 per message plus costs.
- Amplex is a service
provider under the terms of the United States Federal Copyright Law.
Notices of copyright infringement regarding materials on our systems must be
made to the statutory agent as designated with the US Copyright office.
Notification may be made to: Amplex Electric, Inc, attn: Mark
Radabaugh, 27800 Lemoyne Road, Ste F Millbury, Ohio 43447. email:
mark@amplex.net.
Notice to Networks Delivering Mail to
Amplex Mail Servers:
Amplex is an Ohio Corporation with mail
servers physically located in Ohio. You are required to abide by the rules
for mail delivery as specified in Ohio Revised Code section 2307.64.
You may deliver mail to Amplex's mail
servers only if it complies completely with the law as specified in Ohio Revised
Code 2307.64.
It is a violation of Amplex's network
policy to deliver Unsolicited Commercial E-Mail (UCE) or Unsolicited Bulk E-Mail
(UBE).
Violation of this policy will result in a
charge of $50.00 for each message. Criminal penalties may also apply.
Refund Policy
For services cancelled with less than 30 days remaining on the current
term Amplex does not offer a refund. For services prepaid in excess of 30
days Amplex will refund the remaining portion of the fees from the cancellation
date forward less any contractual early termination fees and/or equipment
deposits.
Amplex respects its Subscribers' privacy and will not monitor or disclose the contents of private e-mail
or information about your account. However, you agree that Amplex has the right, but not the obligation, to monitor or disclose the
information, if Amplex, in its sole discretion, reasonably believes that such
action is necessary: (1) to comply with applicable law or valid legal process;
(2) to protect Amplex’s rights or property; (3) in emergencies when a person's
physical safety is at issue; (4) to diagnose or repair our equipment and/or
software.
Amplex does not routinely monitor or record the details of our customers activity on the Internet. We reserve the right to monitor usage in order to (1) comply with a direct legal order; (2) to assist in the improvement of
our systems; (3) for billing purposes. Information collected will not intentionally be released to any outside party(s) unless ordered to do so by valid legal process. Amplex accepts no liability for the release of information
from our system.
Amplex records the following information from visitors to our web and ftp sites - Date, Time, IP Address, Username, Query, UserAgent, Referrer, and several other pieces of information. This information is for our
internal use.
Please keep in mind that the web sites that you visit are capable of recording information about who you are and where you are connecting from. Amplex has no control over the information that is collected by the content
providers. Your computer will routinely send the following information when you visit a web site: Date, Time, IP Address, Username, Query and several other pieces of information. Please use discretion in the sites that
you visit.
Uniform Dispute Resolution Policy for Domain Names
For domain names hosted by and/or registered through Amplex, all domain owners must agree to the Uniform Dispute Resolution Policy set forth by The Internet Corporation
for Assigned Names and Numbers ("ICANN"). See http://www.icann.org/ for more details.
gTLD Registration Agreement
Global top level domain names (.com, .net, .org) registered via Amplex from the OpenSRS Registrar are subject to the Tucows OpenSRS gTLD Registration Agreement. See http://www.opensrs.org/ for more details.
.info Registration Agreement
Registration of .info domain names are subject to the .info Registration Agreement. See http://www.opensrs.org/ for
more details.
.biz Registration Agreements
Registration of .biz domain names are subject to the Intellectual Property Claim Service Agreement and the .biz Registration
Agreement. See http://www.opensrs.org/ for more details.
.us Registration Agreements
Registration of .us domain names are subject to the .us Registration Agreement and the .us Nexus Requirements. See http://www.opensrs.org/ for more details.
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