Preamble I. eRegistry (“The Company” hereafter) agrees to furnish services to the Subscriber subject to the following Terms of Service (“TOS” hereafter) and Acceptable Use Policies (“AUP” hereafter). II. Use of The Company’s Service constitutes acceptance and agreement to The Company’s documented AUP and TOS. III. All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of “The Company”. Subscriber understands that changes to the AUP by “The Company” shall not be grounds for non-payment. Section 1: “Illegal Activity and Disclosure to Law Enforcement” I. The AUP prohibits the use of provided services 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 “The Company” has the right to terminate all service set forth in this Agreement. II. Should it become known to “The Company” that a Subscriber is using the provided service(s) in an unlawful manner the Subscriber can and may be presented with the option of immediate cancellation of the account (and suffer any penalty as discussed in Sections 2 and 3 of this document by doing so) or the Subscriber can choose for their account to be terminated upon which it will be “The Company” whom will decide as to whether or not the local law enforcement agencies are to be informed of said unlawful act(s). If the Subscriber chooses cancellation they face no possibility of law enforcement involvement; however, if a Subscriber is to choose termination they will not pay any penalty for having ended their account prematurely. Section 2: “Service Rates, Charges, and Payments” I. 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 “The Company” achieving and maintaining its cost of service goals including but not limited to rates charged to “The Company” by its suppliers. II. 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. The above applies to all accounts and services provided by “The Company.” III. Establishment of service with “The Company” places the Subscriber into a non-negotiable 90 day contract agreement. The Subscriber is given a 14 day no fee cancellation period at account activation where Subscriber is at liberty to cancel without incurring an “Early Termination Fee”. By continuing service past 14 days the Subscriber agrees to forfeit upon cancellation a fee of no less than $75 and no more than $175 if account contract has not ended. In addition The Subscriber may agree to an extended agreement period for discounted or rebated service fees applicable to their next billing period balance. This extended agreement carries the same “Early Termination Fee” as the standard contract agreement. IV. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 service re-establishment charge. Accounts not paid by set date due are subject to a $10.00 late fee. Accounts that are not collectable by “The Company” 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 or no more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. V. Refunds of fees paid for hosting are 100% if request is received within 14 days of account activation less setup fees. Any refund requests beyond 14 days are prorated based on length of service from date of activation to date of receipt of refund request. Fees paid for Upgrades, Special Services and Setup Fees are NON REFUNDABLE at any time. 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 “The Company’s” sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay “The Company” an "Administrative Fee" of not less than $50 and not more than $150. VI. “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. Section 3: “Account Cancellation” I. All requests for canceling accounts must be made by submitting an email using our "CONTACT US" service which can be found at http://www.e-registry.net/contact.html. You must have all account information to cancel; including the account holder’s current signed name, billed mailing address, account pass code, and the last 4 to 5 digits of the account holder’s current method of payment account number (4 digits if method of payment is by Visa, Master Card, or Discover Card; 5 digits if method of payment is by American Express, or e-Check; if using standard billing, Western Union, or Money Order please give the last 4 digits of the Payment ID for the last processed payment). II. “The Company” reserves the right to suspend network access to any customer if in the judgment of the “The Company” 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 “The Company” 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. III. All requests for cancellation must be made prior to the 15th day of billing period. Any request made after the 15th day of the billing period will process at the start of the next concurring billing period. IV. All account cancellations which occur before the end of the standard account holder’s contract agreement are subject to the collection of an “Early Termination Fee” as described in Section 2 Article III of this document. V. If the Subscriber holds a “Domain Lease” upon time of account cancellation the Subscriber can then choose to pay off the lease amount (however much that may be) and keep the domain name, or forfeit the domain name over to “The Company” at no penalty. Section 4: “New Service Activation” I. While “The Company” does not promise immediate setup and access to a purchased service, it does try to maintain a three to four day complete process time frame in which all purchased services should be completely operational and ready for Subscriber use. II. As stated in Article I of this section “The Company” does try to maintain a short processing time-frame for complete setup; however, there are several situations where this time-frame may be hindered beyond “The Company’s” control. Such events include but are not limited to: payment method, domain registration, and any existing server issues at time of registration. III. If Subscriber submits payment through standard mail or Western Union there will be a 5-8 day minimum delay of account verification and setup. This is an unavoidable wait time and therefore is not grounds for “Buyer Complaint” issues. If the Subscriber chooses to provide further payments using either of these two methods they must allow time for payment to be received. For this we ask that all payments made by either payment method discussed in this Article be submitted in an advance of at least 8-11 business days prior to their billing date to insure that “The Company” receives the necessary funds to mark the account “PAID.” IV. In the event that the Subscriber submits payment using the provided “eCheck” method there will be a 7 day minimum time period in which “The Company” must receive bank approval to continue with the transaction. During this wait period no changes or setup will be made to the Subscriber’s account. This also includes any current Subscribers who may be submitting payment for a service “upgrade.” Those Subscribers who intend to use “eCheck” as their preferred method of payment are asked to submit their payment at least 8 days prior to their billing due date to insure “The Company” receives the necessary funds to mark the account “PAID.” V. If new service is to include a new domain registration or domain transfer, it is to be known that there is a certain amount of time uncontrollable by “The Company” which must be allowed for in order for the domain name to completely propagate to its new DNS System. For all domain registries or transfers please allow 5-10 days for complete domain availability (Complete domain availability is the ability for 86% of the general public to view the newly registered or transferred domain). During the process of DNS Propagation, provided account is paid for in full, the rest of the setup process with commence so that at the point of Full DNS Propagation the site will be available for viewing by the majority of the online community. VI. If at point of registration, “The Company” is experiencing any server difficulties or downtime you may or may not receive a response from server administration in reply to your registration. In the event that this does happen you may contact “Company” support directly using the provided support contact points. “The Company” also is not to be held accountable for temporarily lost funds due to server difficulties and is therefore not held liable in the event that a “Buyer’s Complaint” is filed against “The Company”. If communication between “The Company’s” support and sales teams are capable you will be notified that there is an administrative issue that will hinder your account from activating in desired time frame as stated in Section 4 Article III of this document and given the option of having a payment refund issued to you in the full amount paid (including setup) or have the payment held and applied to the setup of a new account (or service upgrade) when services are restored. Section 5: “Customer Service” I. “The Company” provides technical support to its current paid Subscribers at no cost to the Subscriber if the support issue has to do with a service or part of a service that was included in or added to the Subscriber’s provided service by “The Company” itself. “The Company” does not; however, provide support for third party applications and scripts at a free rate for any reason. All third party issues must be handled with the “Third Party”. II. Third Party application support may be obtainable at a certain applicable rate if requested. This Customer Support fee is not a disclosed rate as this rate is subject to change based on the level of application support desired (or needed). Should the Subscriber choose to pay this service rate it will be billed at the end of customer service period based on either hourly charge or one time labor charge whichever is deemed appropriate for the type of service being provided. Once a Subscriber opts for this level of service the payment of funds is non-negotiable regardless of whether or not issue has been completely resolved. This not meaning that “The Company” will not do the best in its ability to handle (and resolve) the situation at hand. If Subscriber (after opting for third party support) chooses not to receive this support, that Subscriber will be charged a nominal fee based on the original quoted technical support hourly or one time rate charge. III. While “The Company” does attempt to handle each individual support request as quickly as possible it may not be to “The Company’s” ability to handle each support request in the same day as it is made. It is for this reason that all Subscribers are prior informed that they should receive an answer to their request within 24 hours to 2 days. If a Subscriber feels that they cannot wait this amount of time they can submit a follow up request to “The Company’s” via the "CONTACT US" service located at http://www.e-registry.net/contact.html and tagging the email priority as HIGH. Section 6: “Network Usage” I. If an Internet Protocol address (IP hereafter) is assigned to a Subscriber by “The Company” that IP and the rights to use that IP shall belong solely to “The Company.” The Subscriber will have no rights to usage of that IP except as permitted by “The Company” based solely on its discretion and in accordance with the TOS and AUP documentations. “The Company” shall maintain and control ownership of all IP addresses that may be assigned to a Subscriber and “The Company” reserves the right to change or remove any IP assigned to a Customer by “The Company” based solely on its discretion and in accordance with the TOS and AUP documentations. II. The allocation of IP addresses is limited by the ARIN’s (The American Registry for Internet Numbers) current policies. The guidelines for IP allocation as per ARIN policies for IP Justification are as follow: 1. Allocation for Private Name servers (DNS) 2. Allocation for anonymous FTP when it requires its own IP 3. Allocation for Any service that REQUIRES its own IP (IRCd, httpd etc.) 4. Web Based Virtual Hosts are NOT a valid ARIN Justification for Allocation III. Network Bandwidth is assigned and controlled by “The Company,” usage of Network Bandwidth is restricted to approved applications only. Network Bandwidth is neither owned nor controlled by the Subscriber and is not under the direct authority of the Subscriber. Bandwidth Overages will be billed based on the stream of bandwidth that experienced the highest overage amount. Bandwidth Overage charges are a required fee and must be paid in full on or before the billing date following the overage, this is NON-NEGOTIABLE. Any Subscriber receiving an unnatural bandwidth amount may be subject to temporary account until further notice by “The Company;” during this period of suspension the Subscriber CANNOT cancel their service due to pending investigation. In the event that an Overage Investigation prove that overages occurred due to unauthorized or illegal use of “Network Services”; the account will be terminated or suspended and a fine of no less than $60 and no more than $120 will be charged to the Subscriber. Section 7: “Indemnification” I. In agreeing to and accepting the Terms of Service (TOS) and Acceptable Use Policy (AUP), the Subscriber indemnifies “The Company” for any violation of the TOS and AUP that result in loss to “The Company” or the bringing of any claim against “The Company” by any third-party. In the event of a formal suit against “The Company” for activities taken by a Subscriber the Subscriber will pay any damages awarded against “The Company” in addition to all additional costs and attorney fees incurred during said trial process. Section 8: “Miscellaneous Provisions” I. You must provide us with, and keep current, good contact information for you. E-mail, telephone, and fax contacts are used, in that order of preference. II. It is absolutely forbidden to host pornographic content or IRC servers using Web Hosting Account space. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund. Adult hosting accounts are by special request. III. 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. IV. “The Company” takes no responsibility for any material input by others and not posted to the eRegistry Network by “The Company.” “The Company” is not responsible for the content of any other websites linked to the eRegistry Network; links are provided as Internet navigation tools only. “The Company” 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. V. “The Company” is not responsible for any damages your business may suffer. “The Company” does not make implied or written warranties for any of our services. “The Company” 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 “The Company.” VI. 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. VII. 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. VIII. 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. IX. “The Company” reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of “The Company” 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. X. Not withstanding the above The Company shall not be held liable for any damages either expressed or implied due to floods, earthquakes, acts of war or terrorism, electrical power grid failure or any other acts of God. In such case the User’s only rights shall be to seek the services provided hereunder elsewhere. XI. In the event The Company experiences equipment failure during the term of this contract, The Company will be provided reasonable time to correct such discrepancies without liability. Provided The Company endeavors to correct such situations in a timely manner this contract shall remain in full force and effect.
