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Terms of Use
Last Modified-5/11/2005
All users of Ring4Freedom's services, and all customers upon signing up for Ring4Freedom's services, agree to comply with Ring4Freedom's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Ring4Freedom's services with due regard to the rights of other Internet users and in conformity with the requirements of Ring4Freedom's network environment. The TOU are not exhaustive and Ring4Freedom reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.Ring4Freedom.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to
abuse@Ring4Freedom.com
. The TOU supersedes any other agreement with Ring4Freedom, whether written, oral, by conduct, or otherwise.
Ring4Freedom Customer Terms of Use
The following Terms of Use apply to ALL Ring4Freedom customers:
Indemnification
Ring4Freedom customers agree to protect, defend, hold harmless, and indemnify Ring4Freedom, any third party entity related to Ring4Freedom (including, without limitation, third party vendors), and Ring4Freedom's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Ring4Freedom, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Ring4Freedom's services.
Disclaimer
The Ring4Freedom service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Ring4Freedom expressly disclaims any representation or warranty that the Ring4Freedom service will be error-free, secure or uninterrupted. No oral advice or written information given by Ring4Freedom, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Ring4Freedom and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Ring4Freedom (INCLUDING, WITHOUT LIMITATION, Ring4Freedom'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Ring4Freedom, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Ring4Freedom'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Ring4Freedom SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Ring4Freedom SERVICES EVEN IF Ring4Freedom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Ring4Freedom'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Ring4Freedom'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Ring4Freedom OR Ring4Freedom'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Non-Ring4Freedom Products
Any mention of non-Ring4Freedom products by Ring4Freedom, its employees, or any third party entity related to Ring4Freedom is for information purposes only and does not constitute an endorsement or recommendation by Ring4Freedom. Ring4Freedom disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Ring4Freedom products or services.
Ring4Freedom's Intellectual Property
Customers will not, without Ring4Freedom's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Ring4Freedom's Web site, and customers will not use any of Ring4Freedom's trademarks, service marks, copyrighted materials, or other intellectual property without Ring4Freedom's express written consent. Customers will not, in any way, misrepresent their relationship with Ring4Freedom, attempt to pass themselves off as Ring4Freedom, or claim that customers are Ring4Freedom.
Minimum Age Requirement
Ring4Freedom customers must be at least 13 years of age. Any individual under the age of 13 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Ring4Freedom customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Ring4Freedom services, and such primary liability will continue even when the Minor has attained the age of 13, unless the parent or guardian obtains Ring4Freedom's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Ring4Freedom's services will be deemed null and void to the extent that Ring4Freedom will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Ring4Freedom's services.
Governing Law and Severability
The TOU, and any other agreement for Ring4Freedom services, will be governed by and construed in accordance with the laws of the State of Virginia, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Ring4Freedom will take place in Virginia, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Ring4Freedom agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Force Majeure
Ring4Freedom will not be liable for delays in its performance of the TOU or Ring4Freedom services caused by circumstances beyond Ring4Freedom's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Ring4Freedom will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOU or other agreement for Ring4Freedom services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Ring4Freedom.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Ring4Freedom services, constitutes the complete understanding and agreement between Ring4Freedom and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Ring4Freedom, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Ring4Freedom services is between Ring4Freedom and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Ring4Freedom.
Ring4Freedom Customer Billing Policy
The following Terms of Use constitute Ring4Freedom's Billing Policy and apply to ALL Ring4Freedom customers:
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. Ring4Freedom accepts the following types of payment:
Check or Money Order
Credit Card (VISA, MasterCard, American Express, Discover)
Bank WireTransfer
PayPal
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Ring4Freedom your credit card information, you authorize Ring4Freedom to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Ring4Freedom's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Ring4Freedom will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Ring4Freedom, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Ring4Freedom offers different Billing Cycles (terms) for services: The Billing Cycle begins on the Plan Activation Date.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service , plans will automatically renew at the end of the plan's Billing Cycle if you have chosen that option at checkout. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Statements
Ring4Freedom does not mail paper invoices or statements. Statements can be viewed and printed through My Account. Customers may elect to receive their monthly account billing statement via email. This option may be selected in My Account.
Fees
Returned (NSF) Checks
Ring4Freedom charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by Ring4Freedom.
Bank Wire Payments
Ring4Freedom does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Ring4Freedom or the amount credited to your account will be less than your intended payment.
Reactivation
Customers that wish to reactivate a closed account will be assessed a $1.95 reactivation fee. A $19.95 fee will be assessed if Ring4Freedom restores your data files to your reactivated account.
Cancellations
Ring4Freedom plans will automatically renew until a plan is cancelled. In order to cancel service, you must email Ring4Freedom's Customer Service Team support@ring4freedom.com. Ring4Freedom's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by Ring4Freedom a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Ring4Freedom. Ring4Freedom is unable to cancel your account effective for a future date. Ring4Freedom will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Ring4Freedom as soon as possible.
Ring4Freedom does not monitor, and will not automatically cancel, plans for problems related to abuse, non-usage, your ISP, or any other secondary issues not directly related to Ring4Freedom's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Ring4Freedom Corporation reserves the right to cancel any account, at any time, without notice, for any reason Ring4Freedom Corporation considers appropriate.
Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
Ring4Freedom has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Ring4Freedom's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
Ring4Freedom's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
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