RTModica
Computer Services

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User Agreement & Terms of Service

User Agreement
1. Definitions.
  1.1 "Customer" means the persons, entity or agents and authorized representatives accepting this agreement.
  1.2 "RTModica Computer Services" refers to the owners and operators of rtmodica.net and it's authorized representatives and agents.
  1.3 "Content" means all text, pictures, sound, graphics, video, links, and other data stored by Customer on RTModica Computer Services' server computers.
  1.4 "Website" means pages presenting the Content stored by Customer on RTModica Computer Services' server computers.
  1.5 "User" means users of Customer's Website.
  1.6 "User Content" means all text, pictures, sound, graphics, video, links, and other data stored by Users on RTModica Computer Services' server computers.
  1.7 "Confidential Information" means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to RTModica Computer Services as confidential.
2. Web Hosting.
  2.1 Hosting. RTModica Computer Services will provide shared server computers, as specified in the Hosting Plan, with an Internet address for storage and access of Content, User Content, and the Website. The Website, Content, and User Content must be "server-ready." RTModica Computer Services will provide bandwidth and storage as specified in the Hosting Plan. If Customer requires additional bandwidth or storage, RTModica Computer Services will negotiate in good faith to amend this Agreement unless RTModica Computer Services' server computers cannot accommodate the requested bandwidth or storage.
  2.2 Website Backup. RTModica Computer Services will backup the Website in a commercially reasonable manner. However, RTModica Computer Services is not responsible for lost Content or lost User Content. Website backups will be stored by RTModica Computer Services for no longer than 14 days. RTModica Computer Services will provide, at Customer expense, an electronic copy of the backup Website to Customer upon written request by Customer. Customer is solely responsible for independent backup of data stored on RTModica Computer Services' servers. Backups are intended for disaster recovery, not the restoration of individual files.
  2.3 Standards.  RTModica Computer Services' services will conform to the following:
    2.3.1 Availability of Website. RTModica Computer Services will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput.
    2.3.2 Security. RTModica Computer Services will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on RTModica Computer Services' server computers.
    2.3.3 Server/Network Computer Outages. RTModica Computer Services will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages.
    2.3.4 Disclaimers. RTModica Computer Services provides no equipment, software, or communication connections to Customer. RTModica Computer Services makes no representations, warranties or assurances that the Customer's equipment, software, and communication connections will be compatible with RTModica Computer Services' hardware and service.
3. Ownership of Content.
  All Content and User Content stored by Customer on RTModica Computer Services' server computers shall at all times remain the property of Customer. Customer grants to RTModica Computer Services a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for RTModica Computer Services to host the Website.
4. Content Control.
  4.1 Lawful Purpose. Customer will only use RTModica Computer Services' hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service and any modifications thereof, RTModica Computer Services' posted Acceptable Use Policy, or any other RTModica Computer Services policy.
  4.2 Remedy for Violation. Should RTModica Computer Services become aware that Customer has violated Part 4.1, RTModica Computer Services may, at its option, remove the Content or User Content in violation, immediately terminate hosting Customer's Website under Part 6.3, and/or notify authorities. If hosting is terminated, RTModica Computer Services may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content.
5. Payments.
  5.1 Fees. Customer shall pay fees agreed upon during account signup via credit card or within 2 calendar weeks (14 days) of being invoiced if paid via check. Bounced checks may result in immediate termination of the account, it's website(s) and all contracted services without refunding any previously paid amounts. Contracts are on an annual basis and accounts must be paid in full at the start of each coverage period. RTModica Computer Services will invoice annually (unless otherwise agreed in writing). Payment is due fourteen (14) days from invoicing. In the case of credit card payments RTModica Computer Services may automatically charge Customer Credit Card on file all fees associated with the account on the due date. RTModica Computer Services may, at its option, charge a 1½% fee for late payments or may terminate the account.
  5.2 Unpaid Accounts. Accounts that are unpaid for one month are automatically suspended. Accounts that are unpaid for two months will have their files purged. Accounts continue to accrue charges while suspended. In addition to any accrued charges, there is a Service Reinstatement Charge for returning a suspended account to service.
  5.3 Declined Credit Cards may incur a fee. Returned Checks will incur a $25.00 service charge and may result in immediate termination of the account
  5.4 Account Updates. It is the responsibility of the customer to maintain accurate billing information with RTModica Computer Services. This may include updated credit card information, email address and mailing address.
  5.5 Taxes. Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the website.
  5.6 Refunds. If this Agreement is terminated by the Customer during the initial 30 days of the account, the Customer will receive a full refund of the current billing period charges, not including any setup fees for add-on items, charges for resource usage above the plan limits, or domain name registration fees. If the Customer terminates the Agreement after 30 days, the Customer will receive a pro-rated refund for all unused months but will not be refunded for partially used months; we do not pro-rate days within a month.
6. Term and Termination.
  6.1 Term. The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew for the same term until terminated.
  6.2 Termination by Customer. This Agreement may be terminated by the Customer at any time without prior notice and without cause by delivering written notice to RTModica Computer Services.
  6.3 Termination by RTModica Computer Services. RTModica Computer Services may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due under Part 5 of this Agreement; breach of this Agreement; violation of the Terms of Service and any written modifications thereof; and violation of any other RTModica Computer Services policy. RTModica Computer Services may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.
7. DISCLAIMER OF WARRANTIES.
  EXCEPT AS EXPRESSLY PROVIDED HEREIN, RTMODICA COMPUTER SERVICES AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH RTMODICA COMPUTER SERVICES HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY.
  RTMODICA COMPUTER SERVICES, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE RTMODICA COMPUTER SERVICES HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO RTMODICA COMPUTER SERVICES.
9. Customer Indemnity.
  Customer shall defend RTModica Computer Services against any third party claim, action, suit or proceeding arising as a result of Customer's use RTModica Computer Services' hardware or services and indemnify RTModica Computer Services for all losses, damages, expenses, and costs incurred by RTModica Computer Services as a result of a final judgment entered against RTModica Computer Services in any such claim, action, suit or proceeding.
10. General Provisions.
  10.1 Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Florida. Both parties agree to submit to personal jurisdiction in Florida and further agree that any cause of action arising under this Agreement will be brought in a court in Hillsborough County, Florida.
  10.2 Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
  10.3 Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.
  10.4 Attorneys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

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Terms of Service

  1. RTModica Computer Services hosting may only be used for lawful purposes. Customer will not store or provide any Content or User Content that:
    1. violates any federal, state, or local law, statute, ordinance, or regulation (including, without limitation, export control, consumer fraud, unfair competition, antidiscrimination, gambling, or false advertising laws);
    2. is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
    3. is obscene, child pornograph or indecent;
    4. violates any third party's right of publicity or right of privacy; or
    5. contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  2. Customer will not store or provide any Content or User Content, practice any software or business methods, or use a domain name that infringes any party's Intellectual Property. "Intellectual Property" means any and all property rights under copyright, moral right, trademark, patent, trade secret, or right of publicity law, or any other rights in works of authorship, inventions, designations of source, persona, or economically valuable information.
  3. RTModica Computer Services exercises no control over the Content, User Content, or other information passing through RTModica Computer Services.
  4. RTModica Computer Services does not monitor and is not obligated to monitor the Content and User Content and has not been informed by Customer of the Content, User Content, or nature of the Content on Customer's Website.
  5. Customer will not use RTModica Computer Services' hardware or service to misrepresent Customer's identity.
  6. Customer will not attempt to undermine the security or integrity of, or gain unauthorized access to, RTModica Computer Services' hardware, operating systems or any other computing systems or networks.
  7. Customer will not attempt to use IP Address not directly assigned by RTModica Computer Services staff. Attempting to use unauthorized IP Addresses may result in IP Conflict. Any server found using IPs, which was not officially assigned, will be suspended from network access until such time as the IP address conflict can be corrected.
  8. Customer will use RTModica Computer Services' hardware and services in accord with RTModica Computer Services' Acceptable Use Policy. Customer's continued use of RTModica Computer Services' hardware and services constitutes Customer's acceptance of the Acceptable Use Policy and any modifications thereof.
  9. If RTModica Computer Services becomes aware of a violation of the Terms of Service, RTModica Computer Services will investigate and may, in its sole discretion, terminate hosting under the User Agreement.
  10. These Terms of Service may be modified at any time. Any modifications will be delivered to Customer in written form or posted at RTModica Computer Services' website at http://rtmodica.net/terms.htm. Customer's continued use of RTModica Computer Services' hardware and services after modification of these Terms of Service constitutes Customer's acceptance of the modifications.
  11. Customer will require its Users to agree to and abide by these Terms of Service.

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Acceptable Use Policy • Privacy Policy
  

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