Reflex Networks agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Reflex Networks' Service constitutes acceptance and agreement to Reflex Networks' AUP (Acceptable Use Policy) as well as Reflex Networks' TOS (Terms of Service) and Reflex Networks' Privacy Policy.
All provisions of this contract are subject to the TOS (Terms of Service) of Reflex Networks and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Reflex Networks. Subscriber understands that change to the AUP by Reflex Networks shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania, Bucks County, applicable to contracts enforceable in that state. Venue will be Bucks County, PA.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Reflex Networks 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 Reflex Networks shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that Reflex Networks may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payments and Fees: Establishment of this service is dependent upon receipt by Reflex Networks of payment of stated charges. Subsequent payments are due on the 1st of the month for that month's service.
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts 9 days or more past the due-date will be cancelled, and a termination fee for the remainder of the contract assessed. Accounts that are not collectable by Reflex Networks may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Reflex Networks a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined under item 7.
4. Duration of Service: All contracts are for a one year term unless otherwise specified.
5. Refund and Disputes: All payments to Reflex Networks are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. 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 Reflex Networks' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Reflex Networks an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay: Reflex Networks 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.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Reflex Networks
Attn: Cancellations
#272
13 Summit Square
Langhorne, PA 19047
Or you may fill out the cancellation form located at reflexnetworks.net/CancellationForm.40.0.html
You must have all account information to cancel. If you have not met the minimum term requirement as set forth in the order you submit, you will be billed for the entire unused portion of the term.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Reflex Networks and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Reflex Networks shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Reflex Networks. Subscriber further acknowledges that Reflex Networks' 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 Reflex Networks be liable for any special or consequential damages, loss or injury.
9. Support Limitations: Reflex Networks provides technical support to our subscribers (except for a few holidays.) You can email cs[at]reflexnetworks.net (replace [at] with @) for assistance, or check our home page.
In matters including but not limited to web server configuration, application support, SQL server configuration, module installation, OS updates and so on, Reflex Networks charges a support fee of $100 per hour, with a half-hour minimum, and billed in fifteen minute increments thereafter.
We limit our technical support to our area of expertise. Reflex Networks does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue, except an additional support contract is agreed upon . Reflex Networks does not provide technical support for YOUR customers, except an additional support contract is agreed upon .
10. SPAM and Unsolicited Commercial Email (UCE): Reflex Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Reflex Networks may not use or permit others to use our network to transact in UCE. Customers of Reflex Networks may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to SPAM we reserve the right to occasionally monitor email being sent from servers.
a. Violation of Reflex Networks' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Reflex Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, Reflex Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Reflex Networks may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Reflex Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Reflex Networks will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Reflex Networks personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. It is the Customers responsibility to develop a similar or stricter policy than Reflex Networks' SPAM policy, and to assure that Customer's clients adhere to Customers policy. Customer acknowledges that Customer is ultimately responsible for Customer's clients actions.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
11. Network
a. IP Address Ownership: If Reflex Networks assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Reflex Networks, and Customer shall have no right to use that Internet Protocol address except as permitted by Reflex Networks in its sole discretion in connection with the Services, during the term of this Agreement. Reflex Networks shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Reflex Networks, and Reflex Networks reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Reflex Networks will monitor Customer's bandwidth and disk usage. Reflex Networks shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Reflex Networks' sole and absolute discretion. If Reflex Networks takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Reflex Networks may, at its sole discretion, collect a deposit, in an amount determined by Reflex Networks, against customer's credit card on file with Reflex Networks.
c. System and Network Security: Reflex Networks is not responsible for the network security of your server or servers. You are responsible for maintaining a secure server, by means of software, kernel, and/or OS updates. Users are prohibited from violating or attempting to violate the security of Reflex Networks' Network. Violations of system or network security may result in civil or criminal liability. Reflex Networks will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. Reflex Networks is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Reflex Networks determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Reflex Networks' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that Reflex Networks determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if the offending activity is causing harm to parties on the Internet – such as,but not limited to, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. At pur discretion, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: Reflex Networks reserves the right to suspend network access to any customer if in the judgment of Reflex Networks' 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 Reflex Networks 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.
16. Reflex Networks reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Reflex Networks 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.
17. Indemnification: In agreeing to Reflex Networks' Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Reflex Networks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Reflex Networks or the bringing of any claim against Reflex Networks by any third-party. This means that if Reflex Networks is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Reflex Networks, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information, including for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a. A waiver by Reflex Networks 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.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of Reflex Networks. 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.
c. Reflex Networks takes no responsibility for any material input by others and not posted to Reflex Networks's Network by Reflex Networks. Reflex Networks is not responsible for the content of any other websites linked to Reflex Networks's Network; links are provided as Internet navigation tools only. Reflex Networks 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.
d. Reflex Networks is not responsible for any damages your business may suffer. Reflex Networks does not make implied or written warranties for any of our services. Reflex Networks 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 Reflex Networks.
e. You may not host IRC servers or shell accounts. Servers found hosting such services or material will be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as Reflex Networks' customer, are solely responsible for the content stored on and served by your Reflex Networks server.
20. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
Reflex Networks may provide you access to other third party software and/or services ("Third Party Products") through reseller relationships Reflex Networks has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Reflex Networks and not by the Third Party Vendor. Neither Reflex Networks nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Reflex Networks or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Reflex Networks nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Reflex Networks with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated. Due to licensing restrictions, customer provided Windows licenses are not allowed; you must use a Windows server license provided by Reflex Networks for your Windows server.
21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.