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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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