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Terms of Service (TOS)
Updated September 15th 2006
One Avenue Networks ("The Company") agrees
to furnish services to the Subscriber,
subject to the following TOS (Terms of
Service).
Use of One Avenue Service
constitutes acceptance and agreement to
One Avenue Network AUP as well as One
Avenue Networks TOS (Terms of Service).
All provisions of this contract are
subject to the TOS (Terms of Service) of
One Avenue Networks and AUP (acceptable
use policy). The AUP may be changed from
time to time at the discretion of the
Company. Subscriber understands that
change to the AUP by the Company 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 Florida, Pal Beach County
applicable to contracts enforceable in
this State. Venue will be Palm Beach
County, Florida.
1. Disclosure:
The AUP specifically prohibits the use
of our service for illegal activities.
Therefore, Subscriber agrees that the
Company 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 One
Avenue Inc. 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. 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. Payment:
Establishment of this service is
dependent upon receipt by the Company of
payment of stated charges. Subsequent
payments are due on the anniversary date
of the month for that month's service.
Subscriber agrees that The Company
automatically charges subscriber`s
credit card every month.
4. Payments and Fees:
Credit cards that are declined for any
reason are subject to a $1.00
declination fee. Service will be
interrupted on accounts that reach 3
days past due. Service interrupted for
nonpayment is subject to a $50 reconnect
charge. Accounts not paid by due date
are subject to a $7.95 late fee. Accounts
that are not collectable by One Avenue
Networks may be turned over to an outside
collection agency for collection. If
your account is turned over for
collection, you agree to pay the company
a "Processing and Collection" Fee of not
less than $50 no more than $150. If you
desire to cancel your account, please
follow the proper procedure to do this
as outlined in this TOS.
5. Refund and Disputes:
All payments to One Avenue 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
30 days of the time the dispute
occurred. If you dispute a charge to
your credit card issuer that, in One
Avenue Networks sole discretion is a valid
charge under the provisions of the TOS
and /or AUP, you agree to pay One Avenue
Networks. an "Administrative Fee" of not less
than $50 and not more than $150.
6. Failure to Pay:
The Company 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:
All requests for canceling accounts must
be made via email to
sales@oneavenue.com or Fax
813-473-4585 with at least 30 days
advanced notice before your next payment
due date. You
must have all account information to
cancel.
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 the
company and that damages resulting from
any interruption of service are
difficult to ascertain. Therefore,
subscriber agrees that the company shall
not be liable for any damages arising
from such causes beyond the direct and
exclusive control of the company.
Subscriber further acknowledges that the
company's 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 the company be liable for any
special or consequential damages, loss
or injury.
Subscriber acknowledges that the service
provided as a bundled hosting plan that
includes a domain registration is
limited to the following:
a. The domain(s) can be used with any
web hosting company.
b. The domain(s) may not be transffered
to other registrars within 10
months of registration or renewals.
c.
Domain registrations are not refundable.
d.
Annual pre-paid hosting in not
refundable.
9. Invoicing:
The Company does not send out invoices
automatically. If a subscriber needs an
invoice , they can request one at
sales@oneavenue.com
10. SPAM and Unsolicited Commercial
Email (UCE):
One Avenue Inc. takes a zero tolerance
approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our
network. Very simply this means that
customers of One Avenue Inc. may not use
or permit others to use our network to
transact in UCE. Customers of One Avenue
Nwtwork may not host, or permit hosting of,
sites or information that is advertised
by UCE from other networks. Violations
of this policy carry severe penalties,
including termination of service.
a. Violation of One Avenue Networks SPAM
policy will result in severe penalties.
Upon notification of an alleged
violation of our SPAM policy, One Avenue
Networks will initiate an immediate
investigation (within 48 hours of
notification). During the investigation,
One Avenue 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, One
Avenue Networks may, at its sole discretion,
restrict, suspend or terminate
customer's account. Further, One Avenue
Networks reserves the right to pursue civil
remedies for any costs associated with
the investigation of a substantiated
policy violation. One Avenue 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 One
Avenue Inc. personnel must spend to
investigate the matter. PLEASE, DO NOT
SPAM from your account.
c. As our Customers are ultimately
responsible for the actions of their
clients over the One Avenue's
network, it is advisable that Customers
develop a similar, or stricter, policy
for their clients.
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 One Avenue
Networks assigns Customer an Internet
Protocol address for Customer's use, the
right to use that Internet Protocol
address shall belong only to One Avenue
Networks, and Customer shall have no right
to use that Internet Protocol address
except as permitted by One Avenue
Networks
in its sole discretion in connection
with the Services, during the term of
this Agreement.
One Avenue Networks shall
maintain and control ownership of all
Internet Protocol numbers and addresses
that may be assigned to Customer by One
Avenue Networks, and One Avenue 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 new
policies. These new 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. All IPs that are allocated to
client must be utilized within 48 hours.
If allocated IPs are not utilized within
this time frame The Company reserves the
right to retract IPs that are not being
utilized without notifying the client
b. Bandwidth Usage. One Avenue
Inc. will monitor Customer's bandwidth.
One Avenue Inc. shall have the right to
take corrective action if Customer's
usage negatively impacts other clients.
c. System and Network Security: Users
are prohibited from violating or
attempting to violate the security of
the One Avenue Networks. Network. Violations
of system or network security may result
in civil or criminal liability. One
Avenue 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.
12. Notification of Violation:
a. One Avenue 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 One
Avenue 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 One Avenue Networks's
discretion to a temporary suspension
pending a User's agreement in writing,
to refrain from any further violations.
c. Second Violation: Users that One
Avenue 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 it is
clear that the offending activity is
causing great harm to parties on the
Internet. In particular, if open relays
are on your network or a customer's
network, or if denial of service attacks
are originating from your network. In
certain rare cases, we may have to do
this before attempting to contact you.
If we do this, we will contact you as
soon as is feasible.
13. Suspension of Service or
Cancellation:
One Avenue Networks reserves the right to
suspend network access to any customer
if in the judgment of the One Avenue
Inc. 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 One Avenue Inc. 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.
14. One Avenue Networks. reserves the
right to amend its policies at any time.
All Sub-Networks, resellers and
unmanaged servers of One Avenue Inc.
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.
15. Indemnification:
One Avenue Networks wishes to emphasize that
in agreeing to the One Avenue Networks.
Acceptable Use Policy (AUP) and Terms of
Service (TOS), customer indemnifies One
Avenue Networks. for any violation of the
Acceptable Use Policy (AUP) and Terms of
Service (TOS) that results in loss to
One Avenue Networks. or the bringing of any
claim against One Avenue Networks by any
third-party. This means that if One
Avenue Networks is sued because of a
customer's or a customer of a customer's
activity, the customer will pay any
damages awarded against One Avenue
Networks,
plus all costs and attorney's fees.
18. Miscellaneous Provisions:
You must provide us with, and keep
current, good contact information for
you. E-mail, fax, and telephone contacts
are used, in that order of preference.
a. A waiver by the Company 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 the Company. 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. One Avenue Network. takes no
responsibility for any material input by
others and not posted to the One Avenue
Network by One Avenue Inc.. One
Avenue Networks is not responsible for the
content of any other websites linked to
One Avenue. Links are
provided as Internet navigation tools
only. One Avenue 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. One Avenue Networks. is not responsible
for any damages your business may
suffer. One Avenue Inc. does not make
implied or written warranties for any of
our services. One Avenue 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
One Avenue Networks.
e. It is absolutely forbidden to host
pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server
Accounts found hosting this material
will be subject to immediate
cancellation without refund.
17. Responsibility for Content:
You, as One Avenue Networks's customer, are
solely responsible for the content
stored on and served by your One Avenue
Networks. server or hosting space provided.
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