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Acceptable Use Policy

All Accounts
Before you begin to explore the Internet, you ("you", "your", "yourself", and/or "subscriber") will need to review the following terms and conditions of RTMX Networking Acceptable Use Policy. These terms and conditions will constitute a binding contract between you and RTMX Networking. They explain RTMX Networking obligations to you, and explain your obligations to RTMX Networking when you use the Internet. By using RTMX Networking Internet Service, you agree that your use of the network and your access to the Internet is provided in consideration of your agreement to abide by these following terms and conditions. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Terms of Internet Access Agreement
You are responsible for verifying that the phone number you are calling the Internet through, to access RTMX Networking is a local access number to which your computer is dialing. Any telephone charges associated with your access to the Internet through RTMX Networking are solely your responsibility. RTMX NETWORKING DOES NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON.

Subscribers shall not access or attempt to gain access to any other user’s account or to any nonpublic or restricted portions of the RTMX Networking network. Subscribers also shall not intercept or attempt to intercept Email or any other transmissions. Any such conduct may subject the offending party to civil and criminal penalties.

Subscribers shall not disrupt or interfere with any RTMX Networking network or with any RTMX Networking services. Subscribers shall not disrupt, interfere with, or gain unauthorized access to any RTMX Networking equipment.

Registration Information
User agrees to notify RTMX Networking if User moves or otherwise changes his or her mailing address or phone number, and to list truthful name, postal address and telephone number on the forms User supplies to RTMX Networking.

User represents to RTMX Networking that he or she is 18 years of age or older. User understands that certain materials available from the internet, provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Payment

User agrees to pay for RTMX Networking Services in accordance with our standard Registration Agreement, and/or on-line Registration or any other one time, Invoiced or recurring Invoiced mechanism as established between RTMX Networking and User. Failure to pay for services rendered, frequent or habitual non-payment, late payment or payment declines for any reason may result in cancellation of Services without further notice. It is fully incumbent on the User of RTMX Networking Services to maintain the account in good standing. RTMX Networking makes every possible effort to accomdate special circumstances, but we are a business - and to remain viable - must operate accordingly.

Internet Access Service
RTMX Networking Network Services provides interactive access to the Internet. In order to conserve system resources, dial-up account holders that are logged in without activity for a 15-minute period may be disconnected. User authorizes RTMX Networking to enforce this restriction by appropriate software and network measures, automated and manual

RTMX Networking dial-up customers may not leave their accounts connected for more than 8 hours at a time. This constitutes "nailing-up an account". Your dial-up account is intended for unlimited personal use: meaning, (and our definition is final) that you may have your connection up as long as you are personally in front of your PC. Your dial-up account is not a dedicated account. If you disregard this policy and leave your account up for more than 8 hours, your account will be terminated.

Only one person, the subscriber, may use the dial-up account. Multiple or simultaneous logins will constitute forfeiture of the account and your account will be terminated.

RTMX Networking does not and will not perform system backups on any User’s E-mail account(s). RTMX Networking shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reason for data loss or system causes.

RTMX Networking will not provide historical data, to any party for any reason, regarding any system or Internet activity.   We do, however, archive/backup Web site pages on our servers (frequently) for our Premium Hosting clients. This is a free service and intended as a measure against loss of valuable Web site page(s) should a system failure on the client site's primary server occur. If you should loose or damage a Web site page call our office right away and we will gladly assist in recovering your page(s).

NOTE: Please, please notify us if you are moving your Web site to a non-RTMX Network. Our backup/archive fetches pages frequently -and- to multiple RTMX servers on 2 (or more) Networks in 2 (or more) physical locations. This backup/archive activity could, possibly, present an increased load on your Network connection (to your server) so we want to be sure this does not cause unnecessary network traffic. In a case (where client wishes to continue backup/archive feature) we will adjust the times, frequency, bandwidth and destination server to suite.

User (backup/archive mechanism describe above not withstanding) is responsible for independent backup of his /her data stored on RTMX servers.
RTMX Networking reserves the right to delete User’s personal files after one or both parties terminates this agreement in writing.

Subscriber shall not use RTMX Networking network as the means to stalk others or to post, transmit, or originate any unlawful, threatening, abusive, hateful, defamatory, obscene, or pornographic communications, or any communications where the message, or its transmission or distribution, would constitute or would encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

Unsolicited advertising (SPAM) is strictly forbidden. For the purpose of this Policy. "Unsolicited Advertising" shall be defined to include any transmission that describes goods, products, or services and that is initiated by the vendor, provider, retailer, or manufacturer of the described goods, products or services, or by a third party retained by, affiliated with, or related to the vendor, provider, retailer, or manufacturer. This prohibition shall not include either (I) discussions of a product or service’s relative advantages and disadvantages by users of those products or services (unless the user is also the vendor, provider, retailer, or manufacturer, or related to or affiliated with the vendor, provider, retailer, or manufacturer), (ii) responses to questions, but only if such responses are direct replies to those who inquired via electronic mail, or (iii) mailings to individuals or entities on a mailing list so long as the individual or entity voluntarily placed his/her or its name on the mailing list.

Subscribers shall not resell, redistribute, or otherwise transfer their accounts or Internet access to other users without RTMX Networking advanced, written consent, which RTMX Networking shall be entitled to exercise in its sole discretion. Transfer -away- of Web site hosting and Email accounts require careful coordination and many complex technical steps. It is of utmost importance that such activity be conducted in a manner that minimizes the possibilities for service disruption(s). We always assist clients in these activities regardless of circumstances. Our experience has shown that careful coordination,and following proven checklist steps produces optimal results when transferring sites and services. Feel free to consult with our staff at every step along the way.

Content of Communications
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. RTMX Networking has no control over and accepts no responsibility whatsoever for such materials. If the subscriber is a parent or guardian, he/she assumes all responsibility for supervising the on-line activities of the underage user. Any information garnered through RTMX Networking is done so at your own risk.

Web pages containing pornography shall not be stored on RTMX Networking servers. RTMX Networking reserves the right to impose restrictions or termination on accounts it deems to be in violation of this condition. RTMX Networking will cooperate fully with local, state, and federal agencies on any investigation about any user that is violating any laws including but not limited to child pornography.

The above not withstanding, transmission of Unsolicited Commercial Email (UCE), Unsolicited Dangerous Messages (UDM - those messages that contain, or include links to possible Virus-insertion sites, Email 'worm' insertion sites, or graphics images embedded with same) will result in a Blacklisting rule establish for the sites, and the sender(s) of such messages.
RTMX Networking takes a zero-tolerance approach to protecting our subscribers from such malicious programs or scripts. RTMX Networking makes every effort to fully review such malicious programs or scripts (referenced or embedded) in order to avoid unnecessary blacklisting. We do, however, lean towards protecting our subscribers first.

Privacy of Communications
Pursuant to the Electronic Communications Privacy Act of 1986, Title 18, United Stated Code, Section 2510 and following, notice is hereby given that RTMX Networking does not provide by its system for sending and receiving private or confidential messages. The system operator and anyone so designated by the system operator can and may read messages transmitted to or from any account holder.

Account holder agrees that RTMX Networking has the right to monitor RTMX Networking services electronically and to disclose any information as necessary to satisfy any law, regulation, or other governmental request.

RTMX Networking 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. RTMX Networking 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 RTMX Networking following payment of a reconnection charge, to be determined by RTMX Networking in its sole and absolute discretion.

Indemnification
You agree to defend, indemnify and hold RTMX Networking and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by you or those who access the services through your account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by me or by those who have access to the services through your account.

RTMX Networking shall be indemnified, defended and held harmless by the account holder against all claims, losses or damages arising from the use of RTMX Networking service including but not limited to the following:

  1. Claims for libel, slander, invasion of privacy, infringement of copyright, or unauthorized use of any trademark, trade name or service mark arising out of the material, data information, or other content transmitted or received via RTMX Networking service.
  2. Claims for patent infringement arising from combining or using RTMX Networking service in connection with facilities or equipment furnished by others.
  3. Violation of anyone's right to privacy.
  4. Violation of any other literary, intellectual, artistic, dramatic, musical right or other content transmitted by RTMX Networking.
  5. Claims related to lost or stolen credit cards, checks, electronic currency or other payment media.
  6. All other claims arising out of any act or omission of others relating to RTMX Networking service pursuant to the Customer Agreement.

What if I need to cancel?

You may terminate your account at any time and for any reason by providing notice of intent to cancel by postal mail or fax, to :

RTMX Networking,
PO Box 1030
Hillsborough, NC 27278

Fax: 919.724-4439.

We must have your request in writing, signed by the person whose name is listed on the account, before the service can be cancelled. Payment for any outstanding balance will be expected at this time, monthly service will not be pro-rated. Please notify us of your request to cancel prior to the last day of the current month in which you wish to cancel. Otherwise you will be charged for an additional full month of service. Your member account and all information will be deleted the last day of the current month.

Miscellaneous
RTMX Networking shall have broad authority to interpret and apply these Acceptable Use Policies. RTMX Networking also shall be entitled to modify or amend these policies at any time. RTMX Networking shall provide notice of any such modifications or amendments either by Email, or by a general posting via RTMX Networking, or by conventional mail. Subscribers shall be responsible for regularly reviewing notices posted on-line at http://www.rtmx.net. Any such modification shall be effective immediately upon notice being provided within ten (10) calendar days from the date that RTMX Networking provides notice, but only if such modifications or amendment substantially alters Subscriber’s benefits under this Agreement. However, Subscriber’s continued use of the RTMX Networking account after RTMX Networking provides notice of any modifications or amendments shall constitute acceptance of the modifications or amendments.

RTMX Networking shall be entitled to treat any breach of these Acceptable Use Policies as a breach of the Subscription Agreement, and RTMX Networking shall be entitled to exercise all remedies provided therein, including termination.

Questions?

IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL RTMX NETWORKING CUSTOMER SERVICE DEPARTMENT.

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