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This agreement
represents the complete agreement and understanding between RCG and the
account holder (hereinafter called Customer) and supersedes any other
written or oral agreement. Upon notice published on-line via RCG
services, RCG may modify these terms and conditions, amplify them, and/or
modify the prices, as well as discontinue or change services offered.
If you do not agree to these terms and conditions, please notify our
Billing Department at (450) 226-7813 so we can initiate a closure of your
account. USE OF YOUR ACCOUNT shall constitute your approval.
1. RCG makes no warranties of any kind, whether expressed or implied, for
the service it is providing. RCG also disclaims any warranty of
merchantability or fitness for a particular purpose. RCG will not be
responsible for damages the customer suffers. This includes loss of
data resulting from delays, non-deliveries, mis-deliveries, or service
interruptions caused by its own negligence, subscriber's errors or
omissions, or due to the fault of third parties.
2. Services provided to the Customer by RCG may only be used for lawful
purposes. Transmission or publication of any information, data
or material in violation of any Canadian or U.S. Federal or state
regulation or law is prohibited. This includes, but is not limited
to, material protected by copyright, trade secret or any other statute,
threatening material or obscene material. RCG reserves the right to
remove any and all materials which infringe on copyright work.
3. Customer agrees to defend, hold harmless and expeditiously indemnify RCG
from any liability, claim, loss, damage or expense arising out of the
indemnifying party's breach or violation of any covenant contained in this
Policy and resulting from the Customer's use of the service.
4. RCG reserves the right to cancel service for any reason without prior
notice. In case of cancellation, unused fees may be returned
to the subscriber on a pro-rata basis.
5. Setup fees, if any, are not refundable.
6. Additionally, CUSTOMER agrees not to utilize the RCG service, equipment
or email address in connection with the transmission of the same or
substantially similar unsolicited message.
7. Customer agrees not to transmit, promote, or otherwise make available
any software, product or service that is either illegal or designed to
violate this Agreement. Such software, products or services include, but
are not limited to, programs designed to send unsolicited advertisements
(i.e. "spamware") and services
which send unsolicited advertisements.
8. RCG requires that its agreements be made with a person who is qualified
to contract. As such, subscriber must be over the age of eighteen
(18) years. Otherwise, a parent or guardian must accept this agreement and
enclose the proper payment. RCG cannot accept payments from persons who
are not at least eighteen (18) years of age, nor can we accept agreements
from persons who are not at least eighteen (18) years of age.
9. Customer shall ensure that its use of RCG's network services shall not
disrupt RCG, its associated networks or equipment forming part of the
systems. In instances in which an excessive amount of system
resources are utilized by a subscriber, RCG reserves the right to place
CPU process limits on the Customer's account to prevent disruption of
service to other customers. Customers shall not transmit any
communication where the meaning of the message, or its transmission or
distribution, would violate any applicable law or regulation or would
likely be offensive to the recipient thereof. No message may be mass
distributed, "broadcast," or otherwise sent on an intrusive
basis to any RCG user or to any directly or indirectly attached network.
Use of RCG's connection in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by RCG shall be considered
a breach of this Policy and may result in cancellation of service.
This prohibition extends to sending of unsolicited mass mailings from
another service which in any way implicates the use of RCG's service, RCG's
equipment or any site hosted on any RCG network.
10. Customer warrants that any material submitted for publication on RCG
does not violate or infringe any copyright, trademark, patent, statutory
common law or proprietary interest of others or contain anything obscene
or libelous. RCG reserves the right to remove any and all materials
which infringe on copyright work. Such materials will be removed at
any time upon receiving a complaint and or notice of copyright
infringement.
11. If RCG becomes aware of material that could be infringing on a third
party's copyright, it will initiate an investigation. To conduct an
investigation of copyright infringement, the Complainant must submit at
least two items. First, Complainant must submit a claim in writing
with the applicable copyright or trademark registration number and a copy
of the underlying copyrighted work along with the Customer's materials.
Second, Complainant must offer a good faith certification signed under
penalty of perjury. This certification must state that the work is
the property of the Complainant, that the work has been copied and that
use of the work is not defensible. With this information in-hand, RCG,
at its discretion, may, at any time deny access to the challenged material
of Customer.
12. RCG will not host any web site with PORNOGRAPHIC
contents or any CASINO sites.
13. Use of other organizations' networks or computing resources is subject
to their respective permission and usage policies.
14. Use of RCG's hosting services could involve listing subscriber's
participation in relevant directories, and subscriber expressly grants
permission for such listings.
15. Transferring your domain to another provider does not constitute
canceling your RCG account. You must notify RCG to formally cancel your
account with RCG to avoid further charges.
16. RCG services
are provided on prepaid basis. All payments have to be made before
beginning of the month. In case of nonpayment of an account within a
specified time, RCG may levy a fine or cancel an account.
17. On occasion, RCG
may have a need to communicate with its customers through e-mail issues
related to billing, as well as changes, additions and modifications to the
network. It is the responsibility of the customer to check e-mail
sent to the primary login e-mail address on the account.
18. It is the responsibility of the customer to contact RCG of any changes
to their account, such as phone number, address, credit card information,
etc. Customers will be required to provide verification for
security purposes authorizing them to make any changes to that account.
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