Terms of Service and Use Policy – last modified 4/15/2011All users of Amplex Electric, Inc.’s (Amplex) services, and all
customers, agree to comply with Amplex’s Terms of Service and Use
policy. Amplex reserves the right to make changes to this policy by
posting the changes to this page without further notice. The Terms of Service on this page supersedes any other agreement with
Amplex, whether written, oral, by conduct, or otherwise. Continued use
of Amplex’s services indicates your acceptance of this policy. - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND
UNDER NO THEORY OF LAW OR EQUITY, WILL AMPLEX (INCLUDING, WITHOUT
LIMITATION, AMPLEX’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS,
MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES,
SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS,
OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR
DISTRIBUTING AMPLEX’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 AMPLEX 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 AMPLEX’S SERVICES EVEN IF AMPLEX HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AMPLEX’S TOTAL CUMULATIVE
LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL
DAMAGES, RELATED TO THE TOS OR AMPLEX’S SERVICES, INCLUDING, WITHOUT
LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY AMPLEX OR
AMPLEX’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.
- Amplex Electric, Inc. (Amplex) exercises no control whatsoever over
the content of information passing through our service. Amplex makes
no warranties of any kind, whether expressed of implied for the service
it is providing. Amplex also disclaims any warranty of merchantability
or fitness for a particular purpose. Amplex will not be responsible for
damages you suffer. This includes but is not limited to: loss of
data, disclosure of data, non-deliveries, mis-deliveries, disk failures,
lack of backups, failure of backups, or service interruptions caused by
our negligence or your errors or omissions.
- Use of any information obtained via Amplex is at your own risk.
Amplex specifically denies any responsibility for the accuracy or
quality of information obtained through its services. Transmission of
any material in violation of any US or State regulation is prohibited.
This includes but is not limited to: copyrighted material, material
legally judged to be threatening or obscene, or material protected by
trade secret. You agree to indemnify and hold harmless Amplex from any
claims resulting from your use of the service which damages you or
another party.
- Sharing of dialup or wireless accounts is considered theft of
services and may result in the termination of your account without
refund.
- Except where Amplex has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and Amplex is in NO way
responsible, for the management and backup of all customer data, and all
updates, upgrades, and patches to any software that customers use in
connection with Amplex services.
- Using any Amplex account or server to send duplicative, unsolicited
e-mail messages (commercial or otherwise), or to collect the responses
from unsolicited e-mail (for example, by maintaining a spamvertised Web
site), is prohibited. Amplex reserves the right in its sole discretion
to determine whether duplicative or mass e-mail messages are
“unsolicited.” A complaint from the recipient is presumptive evidence
that the message was unsolicited. Amplex has no obligation to refer
complaints to the sender or to identify complaining parties. Conduct
that directly or indirectly encourages, permits, or relies on spamming
is included in this prohibition. Examples include failure to implement
technical or administrative measures to prevent mass unsolicited e-mail,
or providing spam “support services” such as e-mail dropboxes or sales
of spamware. Similarly, using any Amplex account or server to post
advertisements or messages that violate the charter of any newsgroup or
mailing list is prohibited. Amplex reserves the right to make the
determination whether a given message violates the newsgroup or mailing
list charter. In most cases Amplex will defer to the judgment of the
newsgroup or mailing list moderator or administrator. Commercial
messages that are appropriate under the charter of a newsgroup or
mailing list, or that are expressly solicited by the recipients, are
permitted.
- Amplex will not be liable for damages (or any other actions) due to
the release of information when attempting to comply with requests that
Amplex, in its sole discretion, believe to be valid at the time the
disclosure is made.
- Amplex reserves the right to determine who our mail servers we will
accept e-mail from. Services that send unacceptable amounts of e-mail
that we believe to be spam or use excessive resources on our system may
be blocked without notice.
- Any “denial of service” attack, any attempt to breach authentication
or security measures, any intentional release of a virus or worm, or
any unauthorized attempt to gain access to any other account, host or
network is prohibited, and will result in immediate service termination,
which may be without notice.
- Maintaining an open mail relay invites senders of mass unsolicited
commercial e-mail to exploit the server by using it for spamming.
Failure or refusal to take appropriate steps to close an open mail relay
on Amplex’s network is grounds for temporary suspension or permanent
termination of service.
- NO Unsolicited Commercial E-mail (UCE) or Unsolicited Bulk E-mail
(UBE) is permitted to be delivered to any domain for which Amplex serves
as a mail (MX) host. If you violate this policy you agree to pay to
Amplex Electric, Inc. the sum of $50.00 per message plus costs.
- Amplex is a service provider under the terms of the United States
Federal Copyright Law. Notices of copyright infringement regarding
materials on our systems must be made to the statutory agent as
designated with the US Copyright office. Notification may be made to:
Amplex Electric, Inc, attn: Mark Radabaugh, 22690 Pemberville Road Luckey, OH 43443. email: [email protected].
Notice to Networks Delivering Mail to Amplex Mail Servers: Amplex is an Ohio Corporation with mail servers
physically located in Ohio. You are required to abide by the rules for
mail delivery as specified in Ohio Revised Code section 2307.64. You may deliver mail to Amplex’s mail servers only if it complies
completely with the law as specified in Ohio Revised Code 2307.64. It is a violation of Amplex’s network policy to deliver Unsolicited Commercial E-Mail (UCE) or Unsolicited Bulk E-Mail (UBE). Violation of this policy will result in a charge of $50.00 for each message. Criminal penalties may also apply.
Refund PolicyFor services canceled with less than 30 days remaining on
the current term Amplex does not offer a refund. For services prepaid
in excess of 30 days Amplex will refund the remaining portion of the
fees from the cancellation date forward less any contractual early
termination fees and/or equipment deposits.
Privacy of InformationAmplex respects its Subscribers’ privacy and will not
monitor or disclose the contents of private e-mail or information about
your account. However, you agree that Amplex has the right, but not the
obligation, to monitor or disclose the information, if Amplex, in its
sole discretion, reasonably believes that such action is necessary: (1)
to comply with applicable law or valid legal process; (2) to protect
Amplex’s rights or property; (3) in emergencies when a person’s physical
safety is at issue; (4) to diagnose or repair our equipment and/or
software. Amplex does not routinely monitor or record the details of our
customers activity on the Internet. We reserve the right to monitor
usage in order to (1) comply with a direct legal order; (2) to assist in
the improvement of our systems; (3) for billing purposes. Information
collected will not intentionally be released to any outside party(s)
unless ordered to do so by valid legal process. Amplex accepts no
liability for the release of information from our system. If it is deemed necessary that we provide customer information and
activity due to legal action and is validated so, you can view the
process to obtain such information on our Legal Process Page. Amplex records the following information from visitors to our web and
ftp sites – Date, Time, IP Address, Username, Query, UserAgent,
Referrer, and several other pieces of information. This information is
for our internal use. Please keep in mind that the web sites that you visit are capable of
recording information about who you are and where you are connecting
from. Amplex has no control over the information that is collected by
the content providers. Your computer will routinely send the following
information when you visit a web site: Date, Time, IP Address,
Username, Query and several other pieces of information. Please use
discretion in the sites that you visit. Uniform Dispute Resolution Policy for Domain NamesFor domain names hosted by and/or registered through Amplex, all domain owners must agree to the Uniform Domain-Name Dispute-Resolution Policy set forth by The Internet Corporation for Assigned Names and Numbers (“ICANN”). See http://www.icann.org/ for more details.
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