RemarkableTek, with Headquarters at 18444 N 25th Ave, Suite 420-691, Phoenix, Arizona 85023, hereinafter “RemarkableTek” agrees to provide services to the Subscriber, subject to the following Terms of Service
The initial term of this agreement shall begin on the date that RemarkableTek generates an email message to the Subscriber stating the service is now active and will continue for the number of calendar months specified in the order.
Upon expiration of the initial term, this agreement will renew automatically for successive renewal terms each the same as the initial term unless RemarkableTek or the Subscriber provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the initial term or then-current renewal term, as applicable.
2. Subscriber Duties
In order to use RemarkableTek services, you are required to provide current and factual identification, contact and other information as part of the registration process. You are responsible for the confidentiality of your account information and solely responsible for all content and Data within your account.
3. Acceptable Use
a. Network and System Resources
Deployed servers include a set amount of data transfer, based on a generous 1TB of outbound transfer per month, per GB RAM allocated to your server. Maximum / Peak usage is 3Mbps per GB RAM allocated to your server. For the purposes of Example, a server with 10GB RAM allocated, is permitted a maximum of 30Mbps outbound transit at 95th percentile.Subscribers exceeding these guidelines by more than 30% for one month will be notified and provided with options to limit usage, or acquire dedicated transit.
Intentional misuse or abuse of system resources, including but not limited to employing programs that consume excessive network, CPU or disk IO capacity is not permitted and will result in immediate account suspension or cancellation without a refund.
b. Spam and UCE
RemarkableTek has a zero tolerance approach to the sending of Unsolicited Commercial Email or SPAM over our network. Very simply this means that Subscribers to RemarkableTek may not use or permit others to use our network to transact in spam messages. Subscribers to RemarkableTek 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.
Violation of RemarkableTek’s SPAM policy will result in severe penalties – Upon notification of an alleged violation of our SPAM policy, RemarkableTek will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, RemarkableTek may restrict Subscriber access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, RemarkableTek may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, RemarkableTek reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. RemarkableTek will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in an Administrative Fee of $150 at the discretion of management 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. Subscribers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
RemarkableTek reserve the right to charge up to a total of $1500 For spam related violations due to costs which may be enforced on us by data carriers or data center administration fines.
As our resellers are ultimately responsible for the actions of their clients over the RemarkableTek network, it is advisable that resellers develop a similar, or stricter, policy for their clients. Our Subscriber are solely responsible for the use of their hosting account at all times.
c. Prohibited Content
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Content that is deemed by RemarkableTek, in its sole discretion, to be harmful to RemarkableTek.
- Solicitation or sale of any harmful/illegal products or service
RemarkableTek does not tolerate abusive, threatening or inappropriate behavior towards its staff or agents. Your account can be suspended or terminated without warning for any such behavior
Subscriber agrees to indemnify and hold harmless RemarkableTek, RemarkableTek’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable legal fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Subscribers services in violation of applicable law or the AUP by Subscriber or any person using Subscriber’s log on information, regardless of whether such person has been authorized to use the services by Subscriber.
5. Disclaimer of Warranties
REMARKABLETEK DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW REMARKABLETEK DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS.
6. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF REMARKABLETEK AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
7. Law Enforcement Information
The RemarkableTek terms specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of law enforcement who makes a written request, without further consent or notification to the Subscriber. In addition RemarkableTek shall have the right to terminate all service set forth in this Agreement.
8. Uptime Guarantee
RemarkableTek provides a 99% Uptime Guarantee on all RemarkableTek Hardware and on Network Connectivity. In any given month, if your server is ofﬂine due to a RemarkableTek unscheduled hardware failure, or an unscheduled failure of the RemarkableTek network for more than 0.01% of the time (4 minutes), you may request a pro-rata credit for the down time. Specific exclusions exist where the RemarkableTek network is working normally, but upstream issues, such as a Datacenter or Carrier failure or DDOS is impacting customer routes to the cloud.
RemarkableTek provides comprehensive 24/7/365 technical support to all subscribers via Phone (for basic issues) and our Ticketing System (available via Email and GUI). Our general support guidelines are:
- RemarkableTek supports fully any issue related to the RemarkableTek virtual server physically functioning
- RemarkableTek does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
- RemarkableTek does not provide technical support to your customers or users
10. Invoicing and Payment
- You agree that RemarkableTek shall be permitted to charge your credit card on a monthly, annual or other agreed upon basis in advance of providing services.
- Payment is due on invoicing.
- Any payments not made within 7 days of due date will be suspended without further notice.
- Accounts not collected by RemarkableTek will be turned over to an outside collection agency for collection.
- Subscribers are aware that RemarkableTek may prospectively change the specified rates and charges from time to time.
- Subscriber is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by RemarkableTek.
- RemarkableTek provides the option to pay natively in EURO, GBP and USD to help Subscribers avoid currency ﬂuctuations and conversion exchange costs. Please open a ticket with Billing should you wish to change currency.
- Up and Downgrading service within your billing cycle will result in Pro-Rata credits and charges on your account. Pro-rata credits are only possible where the Subscriber retains at least one service and are not refundable in the event of service or account cancellation.
11. Suspension and Cancellation
- RemarkableTek reserve the right to suspend network access to any Subscriber if, in the sole judgment of RemarkableTek, the Subscribers server is the source or target of a violation of any of the other terms of service or for any other reason which RemarkableTek chooses. RemarkableTek will use all reasonable care in notifying the Subscriber and in resolving the issue in a method ensuring the minimum service interference.
- Continued and repeated violations of the terms of service will result in termination without refund. Prior notification is not assured.
- Subscribers may cancel service at any time using the ‘Cancel’ links in your GUI. Accounts are cancelled upon confirmation with you by Ticket. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts cannot be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.
You agree that RemarkableTek may provide you with notices, including those relating to changes to the Terms of Service by email and postings on RemarkableTek systems and services.
The Terms of Service and the relationship between you and RemarkableTek shall be governed by the laws of the state of Arizona, United States, without regard to its conﬂict of law provisions. You and RemarkableTek agree to submit to the personal and exclusive jurisdiction of the courts located in Arizona, United States.