User Policy

Terms of Service and Use Policy – last modified 4/5/2022

All 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 wireless or fiber optic 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: mark@amplex.net.

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 Policy

For 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 Information

Amplex 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 Names
For 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.

Amplex Internet 419-837-5015 or Toll Free 1-888-419-3635

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THIS POLICY IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW, CHANGES TO OUR DESIGNATED AGENT, OR AT OUR CONVENIENCE WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

Amplex Electric, Inc. DMCA Copyright Infringement Policy

Effective April 4, 2022

This is the official copyright infringement notification policy (“DMCA Policy”) for thewebsite(s) and Service(s) owned, operated or provided by Amplex Electric, Inc. d/b/aAmplex Internet (“Amplex Internet,” “our,” “us,” or “we”). This DMCA Copyright Infringement Policy sets forth the procedures that are required for customers, subscribers, users and visitors (collectively, “Users”) to notify us of an alleged copyright infringement of any of our website(s) or Service(s) and the procedures undertaken by us to respond to such notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3) (“DMCA”).

Any capitalized terms that are not defined in this DMCA Copyright Infringement Policy shall have the same meaning given in our terms and conditions/use agreement for our website(s) or Service(s), (collectively, “Service Agreements”). This DMCA Policy is incorporated by reference into our Service Agreements. The Service Agreements and this DMCA Policy are legally binding on all Users.

How to Provide Notification for Claims of Copyright Infringement

If you have a good faith reasonable belief that any material on our website(s) or Service(s) are infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must provide the following information in a written communication in the form required by the DMCA to our Designated Agent (see below for contact information); it must include substantially the following information:

1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Website or Service are covered by a single notification, a representative list of such works at that Website or Service;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit our Designated Agent to contact the complaining party, such as a postal address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. The statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact our Designated Agent for Notification of Claimed Copyright Infringement at:

Name of Service Provider: Amplex Electric, Inc.

Name of Designated Agent: Mark Radabaugh

Postal Address: 22690 Pemberville Rd, Luckey, OH 43443

Telephone Number: 419-837-5015

Email Address: mark@amplex.net

If you send your claim via email, you must put “DMCA Infringement Notification” in the subject line of the email. The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for the Service(s) or website(s) under this DMCA Policy. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted material for which we have received a notice of claimed copyright infringement in substantial conformance with the DMCA. United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO SEVERE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

If we have an accurate postal mail or email address, we will also send a notification to the User who posted the material informing the User that the material was removed or access to it was blocked because of claimed copyright infringement. The User has a right to send us a counter-notice challenging our removal of the User’s material, or disabling his/her access to the website or Service as described below.

We will terminate the privileges, subscription, membership, and/or account of any User who repeatedly uses our website(s) or Service(s) to unlawfully transmit, download, upload, broadcast, stream or post copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Please see the “Repeat Infringer Policy” below.

Repeat Infringer Policy

Under certain circumstances we will terminate the privileges, account(s) and/or membership of Users that are repeat infringers. A person does not have to be found guilty of copyright infringement in a court to be deemed a repeat infringer. We will review the circumstances of each situation and the decision to terminate will be at the sole discretion of our Designated Agent based on the frequency and number of complaints against that User. Generally, we will terminate a User’s account, membership, or subscription when that User has been notified for 4complaints/violations over a period of 3 months but no more than 4 notices over a period of 12 months. Multiple notices for the same IP address within 36 hours will be considered to be a single notice. However, we reserve the right to terminate a User at any time as we deem appropriate based on the circumstances of the User’s actions. A complaint/violation will not be assessed against the User if the User has filed a counter-notice of infringement, and there are no further legal actions from the copyright owner or owner’s agent.

Each User understands, acknowledges, and agrees that if his or her account, membership or subscription is terminated pursuant to this DMCA Policy, the User will not attempt to establish a new account, membership or subscription under any name, real or assumed. The User further understands, acknowledges, and agrees that by opening a new account, membership or subscription after being terminated pursuant to this DMCA Policy, he/she will have violated this DMCA Policy and Service Agreementsand shall indemnify and hold us harmless for any and all liability that we may incur.

How to Appeal the Removal of Material with a Counter-Notice If You Believe the Content Was Not Infringing

If you are a User who posted material that was removed in response to a notice of infringement or your access to our website(s) or Service(s) were disabled and you believe that such material was removed or disabled actions were due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the material by sending us a written communication via postal mail, email, or facsimile to our Designated Agent for receiving notices of infringement. (See above for our Designated Agent’s contact information). This counter-notice must include substantially the following information:

1. A physical or electronic signature of the User of the Website or Service;

2. Identification of the material that has been removed or to which access has been disabled and the location on our Website or Service at which the materialappeared before it was removed or access to it was disabled.

3. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

4. The User’s full name, postal address, telephone number and email address (if applicable), and the statement that the User consents to the jurisdiction of the Federal District Court for the district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which Amplex Internet or its appropriate subsidiary may be found, and that the User will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

When we receive a counter-notice that complies with these requirements, we will forward it to the person who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your Personal Information. By submitting a counter-notification, you consent to having your Personal Information revealed to third parties.

We also reserve the right, but not the obligation, to restore the material that was removed or to allow access to the material. As stated in our Service Agreements, we can at our discretion remove any material for any purpose at any time. If we receive a counter-notice from the User that posted the material subject to a claim of copyright infringement, we will take the following actions: 1) We will forward a copy of the counter-notice to the person who sent the notice of infringement and inform him/her that the removed material may be restored or we may allow access to the material in ten (10) business days. 2) If during those 10 business days, the person who sent the original notice of infringement notifies us that he/she has filed an action seeking a court order to restrain the User from infringing activity relating to the material on our website(s) or Service(s), we will not restore or allow access to the material. 3) Otherwise, we may restore the material and allow access at our sole discretion.

However, as a User, you acknowledge, understand and agree that we generally retain the right to modify, move, remove, block access to, replace or decline to restore materialat any time for any reason without notice to or any liability to the posting User.

Please contact us at support@Amplex.net if you have any questions regarding this DMCA Policy. Do NOT send notices of infringement to this email address; see the above contact information for our DMCA Designated Agent.