Policies
BILLING POLICY:
Payment Procedure
Statements are e-mailed every 10th of the month. Payments for the
following months are due every 20th. If payment is not received before
the 21st a $3.00 late fee will be added. Accounts need to be paid in
full for service to continue. Accounts still over due on the last day
of the month will be suspended.
Pro Rate
Prices are per calendar month regardless of the day the service starts. There will be no pro-rate.
Credit Card Policies
Credit card customers will be charged automatically. If a credit card
was declined above late payment procedures will become effective. All
disputes have to be worked out with NicRevival. Charges on your card will show up as ITSC or IT Service Corporation or billing@itservicecorp.com and our billing phone number.
Check Policies
When paying by check you agree to a $25.00 service charge if your check
is returned by your bank for any reason. This includes checkdrafts and
onlinechecks.
Other forms of payment
All billing disputes have to be resolved with NicRevival
Payment of Charges
If the user directs the charges to be billed to someone else or to a
credit card or bank account the user warrants that he or she is
authorized to do so.
NicRevival
reserves the right to change prices at any time without prior notice to
its customers or the public. Price changes will not be retroactive for
existing customers, regardless of the length of their existing service
subscription.
Miscellaneous Fees
$2.50 fee for switching dial-up networks
$1.00 statement fee for invoices via snail mail (on request only, default is free e-mail invoice)
$1.00 mailing fee for mailing log-on info if e-mail is returned or no e-mail address was provided
$1.00 mailing fee for all other snail mail including but not limited to refund checks and payment reminders.
$5.00 re-activation fee if account was suspended
Customer has to notify NicRevival of billing errors within 60 days or customer waives all rights to dispute them.
CANCELLATION POLICY:
Cancellation and Termination
Cancellation of service by the user must be in writing and will take effect at the end of the current payment period. NicRevival
reserves the right to suspend service without notice for any unpaid
balances. The user is responsible for all attorney and collection fees
incurred for the collection of any unpaid amounts.
NicRevival reserves the right to cancel any account at any time without notice.
Cancellations must be made in writing or via a cancellation ticket
in the on-line account manager before the 20th to avoid being charged
for the following month(s). Cancellations via e-mail are only accepted
if all information is complete. Cancellations are not guaranteed if you
do not receive a confirmation! Include full name, address, user name,
and reason for canceling .
NicRevival
maintains the right to terminate Service for any unpaid subscriptions.
Accounts in default are subject to an interest charge of 2.5% per month
on the outstanding balance. Termination of Service shall not relieve
User from the obligation to satisfy outstanding invoices. In the event NicRevival
utilizes an attorney to collect any unpaid amounts, User shall be
responsible for the payment of all of NicRevival's attorneys' fees and
costs in the collection of these sums.
Cancellations are not complete until the customer receives a confirmation.
PRIVACY POLICY:
Customer Information
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, NicRevival
will not make any user information available to third parties. This
excludes necessary transactions with our credit card merchant as well
as bank contacts, lawyers and collection agencies. Users in violation
of any of the policies automatically release NicRevival from the privacy policy.
REFUND POLICY
All set-up fees are non-refundable! Refund decisions are made by NicRevival
on an individual basis according to the following guidelines. There
will be no refund if any part of the policies has been violated.
Refund request for monthly payment plan
-refund request and account cancellation must be made in writing or
via a cancellation ticket in the on-line account manager and must be
received within 14 days of signing-up in order to receive a refund.
-include full name, address, user name, reason for canceling
-all credits or discounts given at sign-up will be reversed
-There is NO refund if you used the account. Refunds are only given to customers who were not able to use the service at all.
Refund request for pre-paid months of un-used service except monthly payment plan (all conditions must be met)
-refund request and account cancellation must be made in writing or
via a cancellation ticket in the on-line account manager before the
20th in order to receive a refund for the following month(s).
-include full name, address, user name, reason for canceling
-all credits or discounts given based on your subscription plan will be reversed
SERVICE POLICYPLEASE READ THIS AGREEMENT CAREFULLY
BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
NicRevival
exercises no control whatsoever over the content of the information
passing through NicRevival's system. Use of any information obtained
via NicRevival is at User's risk. Neither NicRevival
nor any of its affiliates, its licensers, its contractors or their
respective employees warrant that the Service will be uninterrupted or
error free; nor does NicRevival make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION GIVEN BY NicRevival, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER NicRevival
NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE
SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NicRevival,
ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE
EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S
USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY
PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER
FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN THE EVENT NicRevival
IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS
AGREEMENT, NicRevival's LIABILITY SHALL BE LIMITED TO THE UNUSED
BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT
TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of NicRevival in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold NicRevival,
its affiliates, its licensers, its contractors or their respective
employees harmless against any and all liability, loss, claim,
judgment, damage and expense including without limitation attorney's
fees and cost of litigation) incurred or suffered by NicRevival,
its licensers, its affiliates, its contractors, or their respective
employees as the result of any and all use of User's account whether
authorized or not authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this Agreement by User,
including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any
person or damage to property of every kind and description. User shall
promptly notify NicRevival
in writing of any claim of which it is obligated under this indemnity.
User shall have the right to assume the defense of any such claim. User
and NicRevival shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to NicRevival
that he or she is 18 years of age or older. User understands that
certain materials available from Service provided under the terms of
this Agreement may not be suitable for individuals under the age of 18.Sexually Explicit Materials
User understands that the Internet contains unedited materials some of
which are sexually explicit or may be offensive. User accesses such
materials at his or her own risk. NicRevival has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local,
state, national or international law, including without limitation the
U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the
Service for commercial purposes (other than as expressly permitted by
the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any
way, information, software or other material obtained through the
Service which is protected by copyright, or other proprietary right, or
derivative works with respect thereto, without obtaining permission of
the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute
in any way any component of the Service itself or derivative works with
respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or
security encryption codes, transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind or illegal
activity;
attempt to defeat any idle timer or system tool intended to enforce
the part-time and personal nature of User's connection, including the
use of pingbots and other methods of avoiding timing disconnection (See
section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
NicRevival has no obligation to monitor the Service. However, User agrees that NicRevival
has the right to monitor the Service electronically from time to time
and to disclose any information as may be necessary to satisfy any law,
regulation or other governmental request, to operate the Service
properly, or to protect itself or its subscribers. NicRevival will not intentionally monitor or disclose any private E-mail message unless required by law. NicRevival
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole and absolute
discretion, are unacceptable, undesirable, or in violation of this
Agreement. NicRevival
reserves the right to suspend access to the Service for User's account.
The account's suspension may be rescinded within the sole and absolute
discretion of NicRevival following payment of a reconnection charge, to be determined by NicRevival in its sole and absolute discretion.
Messaging
User agrees to limit their use of the NicRevival service, specifically regarding the use of NicRevival's electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where
the return address, originator's address, or any other identifiable
aspect of the message has been purposefully altered, is prohibited.
User may not purposefully misrepresent the origination information of
any email messages sent while using the NicRevival service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.
Net Abuse
NicRevival enforces a strict policy of "NO TOLERANCE" with respect to SPAM and abusive UCE (UnsoliCited E-mail). If you use your NicRevival access to compromise any Network services, your access and hosting via NicRevival may be discontinued.
Net Abuse Guidelines
There are two typical activities that have been branded as spamming:
1.The original meaning of spam where, a news article with essentially the same content is posted to 20 or more newsgroups.
2.The trendy application of spam meaning bulk e-mailing of unsolicited e-mail to list of e-mail recipients.
Definition of Terms
MAIL BOMBING is a criminal instance of UCE and is dealt with
individually. Any mail bombs discovered, based solely on the
determination of NicRevival staff, originating from a NicRevival subscriber account will cause that subscriber's access and hosting via NicRevival, to be discontinued.
SPAM - Any spam, based solely upon the determination of NicRevival staff, will cause the user's access and hosting via NicRevival, being discontinued. This includes all sorts of bought or otherwise obtained mailing list and so-called opt-in lists.
UCE (UnsoliCited E-mail) - Any UCE, based solely on the determination of NicRevival staff, that:
users modified headers to disguise the originator is directed to a
remote mail relay host, or causes a remote host to restrict or refuse
connection with NicRevival, or causes sanctions against NicRevival, by a remote network administrator
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION
OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO
THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT,
WILL RESULT IN THE IMMEDIATE PENALTY OF $200. NicRevival RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF NicRevival SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. NicRevival
RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO
THE IMMEDIATE TERMINATION OF NicRevival SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although NicRevival
advertises "Unlimited Bandwidth" in regards to some of its services
there are several limitations applied. The sole purpose of these
limitations are intended of unnecessary use of NicRevival
services by any such User, which restricts system availability for
other such Users. These limitations apply only to Hosting offered by NicRevival.
Personal Webspace Personal webspace may not be used for
business purposes. User may not sell advertising space or any other
products or services. To do business a paid hosting package is needed.
Personal webspace may also not be used for storage of files linked to
from other hosting packages. Users in violation of this will be charged
for a regular business hosting package. Personal websapce may not be
used for clubs or any other organizations.
Restricted Content You agree not to post any of the
following restricted contents: Illegal, Abusive or Unethical Activities
include, but are not limited to, pornography, obscenity, nudity,
violations of privacy, hacking, computer virus, gambling, or promotion
of gambling, and any harassing or harmful materials or uses, as
determined by us. You agree to indemnify and hold us harmless from any
claim resulting from your publications or use of Illegal, Abusive or
Unethical materials.
Bandwidth Restrictions Although we advertise unlimited
bandwidth, we reserve the right to inform you that you must transfer
your website if an excessive amount of bandwidth is being used. If the
request is not met within 5 days, we do reserve the right to remove the
website from our system.
Limitation of Dial-Up Services
Although NicRevival
advertises "Unlimited Access" in regards to some of it's Dial-Up
services, there are several limitations applied. The sole purpose of
these limitations are intended to limit the amount of unnecessary use
of NicRevival services by any such User, which restricts overall NicRevival system availability for other such Users. These limitations apply only to Dial-Up access services offered by NicRevival.
Idle Timeout User agrees to have their online session
automatically terminated after ten (10) minutes of consecutive
inactivity. Inactivity is defined as less than 500 bytes of data
transferred between User's modem and the NicRevival service.
Maximum Single Session User agrees to have an online
session automatically terminated after five (5) hours of consecutive
time, regardless of data transferred during such specific online
session.
Minimum Re-Connect Limit
User understands they cannot log back onto the NicRevival
system for a time period of one (1) minute following the termination of
their previous online session, regardless of the reason for the
previous session's termination.
Multiple, Concurrent Online Sessions User agrees to
maintain no more than one (1) concurrent online session for each
PPP/ISDN account purchased. The exception is a 112k multi-link account
which allows 2 connections at the same time.
Port 25
Port 25 is blocked on all access numbers.
Network Access Restrictions
User agrees to not use the service as a dedicated connection. The
determination of what a dedicated connection is shall be at the sole
determination of NicRevival. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.
User agrees that NicRevival may submit charges for use of on-line time in excess of that provided as part of user's subscription plan.
No Confidentiality
Information transmitted through NicRevival and through the Internet in general is not confidential. NicRevival can not and shall not guarantee privacy or protection of any User. NicRevival
reserves the right to monitor any User's transmissions when deemed
necessary for providing proper service and/or to protect the rights and
property of NicRevival.
Non-transferable The right to use the Service is not
transferable. Accounts are for User's use only. User shall be
responsible for the confidentiality of User's password. Loaning User's
account to others, connecting a system used by multiple persons, group
use of user log-ins, and consuming more than one modem line are
explicitly prohibited. If User has multiple accounts, then User shall
be limited to one log-in session per system account at any time.
Violation of those terms shall constitute theft of Service and may be
prosecuted under civil and criminal law.
Purchases on the Service If User wishes to make
purchases on the Service, User may be asked by the merchant or
information or service provider from whom User is making the purchase
to supply certain information, including credit card or other payment
mechanism information. User agrees that all information User may
provide any merchant or information or service provider on the Service
for purposes of making purchases shall be accurate, complete and
current. The merchants and information and service providers offering
merchandise, information and services on the Service set their own
prices and may change prices or institute new prices at any time. User
agrees to pay all charges incurred by users of User's account and
credit card or other payment mechanism at the prices in effect when
such charges are incurred. User shall also be responsible for paying
any applicable taxes relating to purchases on the Service.
No System Backup
NicRevival does not and will not perform system backups on any User's E-mail account(s). NicRevival
shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the
reasoning for data loss or system causes. Except as otherwise set forth
herein, NicRevival will not provide historical data, to any party for any reason, regarding any system or Internet activity.
NicRevival does not and will not perform system backups on any web sites. NicRevival
shall not be held responsible for any lost web data, web files, or any
website contents, regardless of the reasoning for data loss or system
causes. Except as otherwise set forth herein, NicRevival will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Support Prices for services and products do NOT include
any type of support. All support is currently offered as an additional
service FREE OF CHARGE within our limits and capabilities. It is the
user's responsibility to set up their computers with the information
provided by us. We do have an extensive on-line self-help Support
Center. Phone calls and e-mail can only be answered if the complete
customer name, log-on name, access number with area code, and text
error message are given.
Failure to Comply With Terms and Conditions
NicRevival may deny User access to all or part of the Service without notice if User engages in any conduct or activities that NicRevival in its sole discretion believes violates any of the terms and conditions in this Agreement. If NicRevival denies User access to the Service because of such a violation, User shall not have the right (1) to access through NicRevival
any materials stored on the Internet, (2) to obtain any credit(s)
otherwise due to User, and such credit(s) shall be forfeited, (3) to
access third party services, merchandise or information on the Internet
through NicRevival, and NicRevival
shall have no responsibility to notify any third-party providers of
services, merchandise or information nor any responsibility for any
consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making
use of same, and to disconnect when idle for significant periods of
time (more than 10 minutes). User also agrees to not remain connected
to NicRevival's system for periods exceeding (5) five hours, in any
single continuous session. User authorizes NicRevival to enforce these restrictions by appropriate software and network measures, automated and manual.
Abusive Language
Abusive or inappropriate language in a user's e-mail or phone call
towards employees may result in immediate account cancellation. The
decision on what is "abusive or inappropriate" is entirely up to NicRevival, and is not just limited to "bad" words.
User agrees to notify NicRevival
if User moves or otherwise changes his or her mailing address or phone
number, and to list a truthful name, postal address and telephone
number on the forms User supplies to NicRevival.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
NicRevival's failure to insist upon or enforce strict performance of
any provisions of this Agreement shall not be construed as a waiver of
any provision or right. neither the course of conduct between parties
nor trade practice shall act to modify any provision of this Agreement.
NicRevival
may modify this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the Service
following notice of such modification shall be deemed to be User's
acceptance of any such modification. It is User's responsibility to
check this online area regularly to determine whether this Agreement
has been modified. If User does not agree to any modification of this
Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Nevada without regard to its conflicts of law
provisions. Any cause of action User may have with respect to the
Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred. All
disputes will be settled in Reno, Nevada.
NicRevival
shall not be liable or deemed to be in default for any delay or failure
in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or military
authority, acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, dire, explosions, earthquakes, floods, the
elements, strikes, labor disputes, shortages of suitable parts,
materials, labor or transportation or any cause beyond the reasonable
control of NicRevival.
Venue for litigation of any dispute, controversy, or claim arising
out of, in connection with, or in relation to this Agreement, or the
breach thereof, naming NicRevival as the defendant, shall be proper only in a venue determined by NicRevival.
In any action between NicRevival and User to enforce any of the terms of this Agreement, NicRevival shall be entitled to recover expenses, including reasonable attorney's fees.
If any of these policies violate any law in User's area User may not
use our service without giving up the right(s) granted by that law.
Should a court of law rule any part of these policies unconstitutional
or in violation of any other law, the rest of these policies shall stay
in effect and be enforcable.
This Agreement constitutes the entire agreement between User and NicRevival with respect to the Service.
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