| 1. ACCEPTANCE OF TERMS Welcome to RTC Web Hosting, a service of Regency Technology Corporation. RTC Web Hosting provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.rtcwebhosting.com/tos.html. In addition, when using particular RTC Web Hosting services, you and RTC Web Hosting shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICE RTC Web Hosting currently provides users with access to a rich collection of
on-line resources, including, various communications tools, online forums,
shopping services, personalized content and branded programming through
its network of properties (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new RTC Web Hosting properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that RTC Web Hosting assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RTC Web Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RTC Web Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). RTC Web Hosting is concerned about the safety and privacy of all its users, particularly children. 4. RTC WEB HOSTING PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.rtcwebhosting.com/privacy.html. 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RTC Web Hosting of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RTC Web Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RTC Web Hosting, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RTC Web Hosting does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RTC Web Hosting be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
RTC Web Hosting will NOT host web sites that contain material of a pornographic nature or relate to gambling in any way. You acknowledge that RTC Web Hosting does not pre-screen Content, but that RTC Web Hosting and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RTC Web Hosting and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RTC Web Hosting or submitted to RTC Web Hosting, including without limitation information in RTC Web Hosting Message Boards, RTC Web Hosting Clubs, and in all other parts of the Service. You acknowledge and agree that RTC Web Hosting may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RTC Web Hosting, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. PUBLIC CONTENT POSTED TO RTC WEB HOSTING (a) For purposes of the TOS, "publicly accessible areas of the Service" are those areas of the RTC Web Hosting network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public RTC Web Hosting Clubs and RTC Web Hosting Message Boards, but would not include private RTC Web Hosting Clubs, private RTC Web Hosting communication services such as RTCWebMail or RTC Web Hosting Messenger, or areas off of the RTC Web Hosting network of properties such as portions of World Wide Web sites that are accessible through RTC Web Hosting Webrings but are not hosted or served by RTC Web Hosting. (b) With respect to Content you elect to post for inclusion in publicly accessible areas of RTC Web Hosting Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant RTC Web Hosting the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific RTC Web Hosting Club to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service. (c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant RTC Web Hosting the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. 9. INDEMNITY You agree to indemnify and hold RTC Web Hosting, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that RTC Web Hosting may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on RTC Web Hosting's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that RTC Web Hosting has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that RTC Web Hosting reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RTC Web Hosting reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 12. MODIFICATIONS TO SERVICE RTC Web Hosting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RTC Web Hosting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION You agree that RTC Web Hosting, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if RTC Web Hosting believes that you have violated or acted inconsistently with the letter or spirit of the TOS. RTC Web Hosting may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that RTC Web Hosting may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RTC Web Hosting shall not be liable to you or any third-party for any termination of your access to the Service. 14. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RTC Web Hosting shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RTC Web Hosting has no control over such sites and resources, you acknowledge and agree that RTC Web Hosting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RTC Web Hosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 15a. AFFILIATE PARTNER RTC Web Hosting has partnered with TemplateMonster.com and MyTemplateStorage.com to provide users of this service access to pre-designed website templates, graphics, and other functions for sale. RTC Web Hosting is in no way responsibile for, nor in control of, any issues arising from the use of the products and services offered by our affiliates. Please TemplateMonster.com's FAQ here. Terms of Use are provided by our affiliate services here. 16. RTC WEB HOSTING'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RTC Web Hosting or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. RTC Web Hosting grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RTC Web Hosting for use in accessing the Service. 17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT RTC WEB HOSTING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RTC WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RTC Web Hosting shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 21. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 22. TRADEMARK INFORMATION RTC Web Hosting, the RTC Web Hosting logo, RTCSearch, RTCWebMail, RTCWebSite trademarks and service marks, and other RTC Web Hosting logos and product and service names are trademarks of RTC Web Hosting and Regency Technology Corp. (the "RTC Web Hosting Marks"). Without RTC Web Hosting's prior permission, you agree not to display or use in any manner, the RTC Web Hosting Marks. 23. COPYRIGHTS and COPYRIGHT AGENTS RTC Web Hosting respects the intellectual property of others, and we ask our users to do the same. 24. GENERAL INFORMATION The TOS constitute the entire agreement between you and RTC Web Hosting and govern your use of the Service, superceding any prior agreements between you and RTC Web Hosting. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and RTC Web Hosting shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and RTC Web Hosting agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nash, North Carolina. The failure of RTC Web Hosting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 25. DOMAIN NAME REGISTRATIONS As a part of the services provided by RTC Web Hosting, you may choose to register one or more domain names for use with your RTC Web Hosting services. All registrations are processed through OpenSRS or ENOM, and in agreeing to this Terms of Service agreement, you also agree to abide by all policies concerning domain registrations. (ENOM AGREEMENT) 26. VIOLATIONS Please report any violations of the TOS in email to our Customer Support Team at support@rtcwebhosting.com. 27. AGREEMENT TO ARBITRATION In the event one party hereunder should have any claim that does not involve a claim or demand being asserted by a third party, the Party promptly shall deliver notice of such claim to the other Party. If the other Party disputes the claim, such dispute shall be resolved by mutual agreement of both parties or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without regard to the conflicts of law principles of such state. In the even that a party hereto must resort to legal action in order to enforce any provision of this Agreement or portion thereof, or must defend such suit, the prevailing party shall be entitled to receive reimbursement from the non-prevailing party for all reasonable attorneys’ fees and all other reasonable costs incurred in commencing or defending such suit. |