P.O. Box 39 Valley Stream, New
York 11582
Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
Customer Service Agreement
THIS
AGREEMENT CONTAINS THE TERMS OF YOUR
USE OF EROUTERZONE SERVICES, EQUIPMENT AND/OR PRODUCTS. ALL CUSTOMERS, END-USERS, SUB-NETWORKS,
RESELLERS AND DEDICATED SERVERS OF EROUTERZONE MUST ADHERE TO ALL POLICIES
WITHIN THIS WHOLE AGREEMENT. FAILURE TO
FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE
NOTIFY EROUTERZONE IMMEDIATELY AND EROUTERZONE WILL CANCEL YOUR SERVICE. EROUTERZONE CONTACT INFORMATION IS IN
SECTION 20D OF THIS AGREEMENT. IF YOU
DO NOT CANCEL YOUR SERVICE WITHIN 3 DAYS OF EFFECTIVE DATE BELOW AND INSTEAD
CONTINUE TO RECEIVE YOUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND
THAT THEY WILL BE LEGALLY BINDING ON YOU.
PLEASE MAKE A COPY OF THIS AND KEEP FOR YOUR RECORDS.
This
Customer Service Agreement (“Agreement”) is made effective as of this _______ day
of ____________________, _________________, is by and between (D.B.A)
eRouterZone, registered in Nassau County, Long Island New York at P. O. Box 39
Valley Stream, New York 11582 and
______________________________________________________, (“Customer”) with
offices at
________________________________________________________________________
_____________________________________________________________ agrees to all
terms listed in this agreement.
1. Service setup.
Any applicable non-recurring charges specified during sign up, including
deposits or advance payments, are due within 5 business days from date of
services started. Within 5 business
days of receipt of this agreement from eRouterZone, eRouterZone will provide an
estimated service date for services ordered.
eRouterZone will make all reasonable efforts to setup and configure
services ordered by the estimated service date but shall have no liability to
Customer in the event of delays, provided that the Customer may terminate its
order if unsatisfied and/or if services signed up for are not ready within 30
days of the estimated service date and Customer has not caused or contributed
to such delay. Billing cycle will
commence on the first day of the next month after ready date. The ready date is the date when the services
ordered is operational, and IP packets can be passed between the Customers
services ordered and the Internet.
eRouterZone reserves the right to change services at any time and
without notice, at our sole discretion, including canceling, moving or adding
particular services, with or without notice to you. If you are dissatisfied with the modified services, you may
cancel your services with notice to eRouterZone as stated in Section 3.
2.
Payment. In
return for receiving our services, you agree to pay eRouterZone as follows:
a)
Fees. You
will pay in advance, preferably by credit card, at the rates in effect at the
time of payment, for any services ordered through all periods until the
services are canceled. You will
be responsible for all fees, other charges and fees and purchases under your
account. Our fees and other charges and
fees are subject to change. Please do
not include comments or questions with your payment. If paying against invoices, mail all payments to the following
address stated in Section 20d.
b) Billing statements. If you
elect to make automatic credit or charge card (i.e., Visa, MasterCard, American
Express and Discover) or electronic funds payments, you will not receive
statements unless you request them. Statements
are sent via electronic mail unless otherwise requested. Statements will show: (1) payments, credits,
purchases, and any other charges to your account; (2) account info; (3) the
amount you owe eRouterZone, and; (4) the payment due date. If you are not using an electronic method of
payment, eRouterZone will send you a statement for the print billing payment
cycle period available when subscribing.
Statements are not sent with a zero or nominal balance due, or a nominal
credit balance, or your account at the end of a billing cycle.
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Customer initials
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P.O. Box 39 Valley Stream, New
York 11582
Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
c) Administrative fees. In order
to minimize our monthly subscription fees, eRouterZone may charge you one or
more of the following fees, all of witch are subject to change.
1. Late fee:
If eRouterZone does not receive
your payment by the billing due date, eRouterZone may charge you a late fee of
up to $5.00 per month or a partial month until the delinquent amount is paid in
full, subject to applicable law.
eRouterZone does not extend credit to Customers and this late fee is not
an interest charge. This fee is
reasonably related to the actual expense eRouterZone incurs due to the late
payment and may be subject to limitations set forth by law in your state.
2. Check-by-phone fee: If you
elect to pay any outstanding balance by the telephone check method, eRouterZone
may charge you a fee of up to $7.50 per payment.
3. Deposits:
If you wish to reactivate your
services after a deactivation for non-payment, you must pay your account in
full and eRouterZone may require a deposit before eRouterZone reactivates your
services. Deposits will appear on your
bills as credits, from which eRouterZone will deduct our charges. Deposits will not earn interest.
4. Returned payment fee: If any
bank or other financial institution refuses to honor any payment of yours,
eRouterZone may charge you a collection fee that is lesser of (i) $20.00
($15.00 for residents of West Virginia); and (ii) the maximum amount permitted
under applicable law. You acknowledge
that this collection fee is not an interest charge, finance charge, time price
differential or other such charge or payment of a similar nature and it is
reasonably related to the actual expense eRouterZone incurs due to the
unsatisfied payment.
d)
Questions
about your statement. If you have a question about your services
or bill, or if you would like to change or reactivate your services, contact
eRouterZone as stated in Section 20d.
eRouterZone will respond to you as promptly as eRouterZone can. If you write to eRouterZone please include
the following information: (i) your name and account number; (ii) the dollar
amount in question; and (iii) the details of your question. Please do not include any payment with your
correspondence. If you wish to dispute
any charge, you must contact eRouterZone within 45 days after the date you
receive the statement in question as stated in Section 20d; otherwise you waive
your right to dispute the charge.
Undisputed portions of the statement must be paid by the due date to
avoid a late fee and possible deactivation of the service.
e)
Payments.
You must pay in U.S. dollars, by check, money order, electronic funds
transfer, or credit card. Please make
checks payable to eRouterZone, Inc.
eRouterZone reserves the right to require payment via cashier’s check or
money order regardless of credit rating or any past practice. The outstanding balance is due in full each
payments, which will be applied to the oldest outstanding statement. No “payment in full” notation or other
restrictive endorsement written on your payments will restrict our ability to
collect all amounts owing to eRouterZone.
f)
If you
don’t pay on time. eRouterZone expects you to pay your account
balance on time. If you don’t pay your
account balance on time, eRouterZone may deactivate your services, after
applicable grace period. If you are signed
up for an annually billing to any services and your account is past due,
eRouterZone may convert your services to a quarterly or monthly
subscription. If so, eRouterZone will
prorate your services and amounts owed to eRouterZone and will apply your
pre-payments to a past due amounts and any remaining credit to future
obligations.
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P.O. Box 39 Valley Stream, New
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Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
g) Consents regarding credit. In
order to establish an account with eRouterZone, you authorize eRouterZone to
inquire into your creditworthiness, by checking with credit reporting
agencies. If you are delinquent in any
payments to eRouterZone, you also authorize eRouterZone to report any late
payment or nonpayment to credit reporting agencies.
h)
Change
of address or credit or charge card information.
You must notify eRouterZone immediately of any change in your name,
mailing address, residence address, email address, telephone number or credit
or charge card information.
i)
Taxes.
You will pay all taxes or other government fees and charges, if any,
which are assessed based on your use of services and the billing address you
provide to eRouterZone.
3.
Cancellation.
a)
Term.
The term of this agreement is indefinite and services will continue
until canceled.
b)
Your
cancellation. You may cancel services by notifying eRouterZone as described in
Section 20a. This notice will become effective
at the end of your billing cycle. You
are responsible for payment of all outstanding balances accrued through that
effective date. eRouterZone will refund
amounts to you that were paid in advance their after.
c) Our cancellation. eRouterZone may cancel your
services at any time if you fail to pay amounts owing to eRouterZone when due,
subject to any grace periods, breach of any other material provision of this
agreement as stated in Section 7. In
such case, you will still be responsible for payment of all outstanding
balances accrued through that effective date.
4. Change in terms (Rates). Due to
the evolving nature of our business, its competition, and the requirement and
costs of providing services, eRouterZone reserves the right to change the terms
on which eRouterZone offers service from time to time, as eRouterZone believes
appropriate, including the fees and charges.
If eRouterZone makes any such changes, eRouterZone will send you a
notice describing them and their effective date, in the manner described in
Section 20a, or eRouterZone will send you an entirely new agreement to replace
this agreement. You always have the
right to cancel the service at any time if these terms are not acceptable to
you. If you elect not to cancel your
service after receiving out notice of a change, your continued receipt of
service from eRouterZone will constitute acceptance of the changed terms. If you notify eRouterZone that you do not
accept such terms, then eRouterZone may cancel your service as provided in
Section 3.
5. Access.
The Customer will have access
to the services offered using the File Transfer Protocol (ftp) via the
Internet. eRouterZone is not
responsible for Internet problems that may impair the Customer’s ability to
access and/or manage their services offered.
eRouterZone is not also responsible for Customers who are behind
software, hardware, home and business firewalls and/or router networks witch
impair their ability to access the services offered using the File Transfer
Protocol (ftp) via the Internet.
6. Governmental authorizations.
eRouterZone shall use reasonable efforts to obtain and keep in effect
all necessary governmental authorizations necessary to provide services
offered, and eRouterZone may take all such actions as may reasonably be
required to maintain the services offered in conformity with governmental
requirements.
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Customer initials
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P.O. Box 39 Valley Stream, New
York 11582
Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
7.
Termination
and remedies. In event Customer shall fail to pay any
amount under this agreement when due or violates any other provisions of this
agreement including obligations relating to content and use, eRouterZone may
terminate the services offered hereunder with out prior notice to Customer and
pursue any and all other remedies provided for hereunder or at law or
equity. The Customer may not access
their data and/or any services offered from eRouterZone until the Customer’s
account is in good standing. In the
event of non-payment, eRouterZone reserves the right to terminate services
offered to Customer if all balances and contract liabilities outlined herein
are not paid within 30 calendar days from the date owed.
8. Limitations on liability. Except
as provided for in Section 9, eRouterZone shall have absolutely no liability of
any kind whatsoever to Customer in connection with the services offered or the
other matters covered by this agreement.
Without limitation, eRouterZone shall have no such liability with
respect to any interruption or degradation of the services offered, any use of
content with respect to Customer or any other user of the services offered,
environmental or topographic conditions and things eRouterZone can’t control,
forces of nature, or any direct, special, punitive or exemplary damages of any
kind.
9. Credit for service interruption. An
interruption period begins when eRouterZone detects outage in services. Due to inherent design traits of the
services offered and the involvement of multiple providers in providing
end-to-end connectivity, eRouterZone will not offer credits with respect to any
interruptions or degradations of access to the services offered unless caused
by eRouterZone access facilities or hardware specifically provided by
eRouterZone.
Interruptions
of 24 hours or less:
Interruptions
Length Credit
Less
then 1 hr None
1 hr - 5
hr. 59 min. ¼ Day
6 hr
- 11 hr. 59 min. ½ Day
12 hr
- 17 hr. 59 min. ¾ Day
18
hr -
24 hr. One
Day
Interruptions
over 24 hours:
Interruptions
over 24 hours will be credited ¼ day for each 6- hour period of fraction
thereof. No more then one full day’s
credit will be allowed over any period of 7 days. Interruption length shall include the time required to
re-establish services offered and logical network connectivity.
10.
Acceptable
use policy. The eRouterZone acceptable use policy is
designed to help protect eRouterZone, eRouterZone Customers and the Internet
community in general from irresponsible, inappropriate or, in some cases,
illegal activities. It is the
Customer’s responsibility to check the eRouterZone web page for updates or
modifications of this agreement.
Currently, the latest agreement can be found at:
http://www.eRouterZone.net/index/serviceagreement/agreementmain.htm.
a)
General. eRouterZone
Customers shall not, nor shall they permit or assist others who may or may not
have authorized access to Customers’ sites, to abuse or fraudulently use eRouterZones
products and/or services offered, including but not limited to engaging in the
following activities:
1.
Obtaining
or attempting to obtain unauthorized access to any account or computer resource
not belonging to that user (i.e., spoofing).
2.
Obtaining
or attempting to obtain service by any means or device with the intent of
avoiding payment.
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Customer initials
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P.O. Box 39 Valley Stream, New
York 11582
Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
3.
Engaging
in unauthorized access, alteration, destruction or any attempt thereof, of any
information belonging to any eRouterZone Customer or end-user by any means or
device.
4.
Knowingly
engaging in any activity that will cause a denial-of-service (i.e., synchronized
number-sequence attacks) to any eRouterZone Customer or end-user.
5.
Using
eRouterZone products and/or services offered to interfere with service to any
user, host or network, including but not limited to flooding networks,
deliberately attempting to overload a service and/or attempting to crash a
host.
6.
Using
any kind or program, script or command, or sending messages of any kind, that
are designed to or that cause any other party to interfere with a user’s terminal
session, file transfer protocol session and/or secured session, regardless of
means, whether locally or via the Internet.
7.
Transmitting
on or through any eRouterZone service any material that is unlawful, obscene,
harassing, threatening, abusive, libelous or hateful or encouraging conduct
that would constitute a criminal offense, give raise to civil liability or
otherwise violate any local, state, national or international law, including
but not limited to direct or indirect threats of physical harm to the
transmission or display of child pornography.
8.
Transmitting,
distributing, or storing any information, data or material in violation of the
U.S regulation or law; state regulation or law; common law; or the laws and
regulations of any jurisdiction in which eRouterZone does business and/or the
violation emanates, is received and/or occurs, including but not limited to
material protected by copyright, trademark, trade secret or any other
proprietary rights statute. Examples of
such might include posting, uploading or otherwise distributing copyrighted
material without the consent of the copyright holder, except when pursuant to
the Fair Use Doctrine.
9.
Violating
the personal-privacy rights of others, including but not limited to collecting
and distributing information about Internet users without their permission,
except as permitted by applicable law.
10.
Intentionally
omitting, deleting, forging or misrepresenting transmission information,
including but not limited to headers, return address information and IP
addresses, or taking any other action intended to cloak the identity or contact
information of the Client or its users.
11.
Directly
or indirectly violating U.S. laws and regulations; or the laws and regulations
or any jurisdiction in which eRouteZone does business and/or from which the
violation emanates, is received and/or occurs; or export-control laws,
including but not limited to those applying to software and/or technical
information.
12.
Storing
and/or distributing security-breaching materials and/or tools, including but
not limited to programs containing viruses or “Trojan horses,” tools to
compromise the security of other sites, tools to collect e-mail addresses for
use in sending bulk e-mail and/or tools used to send bulk mail.
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P.O. Box 39 Valley Stream, New
York 11582
Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
b)
Policy
on spam.
1.
Email. Users may not send unsolicited e-mail
messages (i.e., not explicitly requested by the recipient), whether or not the
practice causes complaints from recipients, including, without limitation, bulk
commercial advertising, informational announcements, charity requests,
petitions for signatures and political or religious tracts (“SPAM”), in a way
that could be expected to adversely impact eRouterZone, including, without
limitation, using an e-mail account on or through the eRouterZone network,
either to send SPAM, or using indirectly.
Users may not use the eRouterZone network to:
send
e-mail messages that are excessive and/or intended to harass or annoy others,
especially if the recipient has made a
request to cease and desist;
use the
account to collect responses from unsolicited bulk or commercial e-mail sent
from accounts with other providers;
forward
or otherwise propagate chain letters, whether or not such messages solicit
money or other items if value, and whether or not the recipient wishes to
receive such mailings;
continue
to send e-mail messages to a recipient who has indicated that he/she does not
wish to receive them;
send e-mail with forged or missing TCP/IP
packet-header information;
engage
in “mail bombing” (sending large quantities of unwanted or unsolicited e-mail
to individual e-mail accounts or copies of a single message to many e-mail
accounts) and/or;
send or
receive e-mail messages in a manner that violates the use policies of the
recipient’s Internet Service Provider.
2.
Inappropriate
software, products and services.
Customers may not transmit, promote or otherwise make available any
software product or service that is either illegal or designed to violate this
policy. Such software products or
services include but are not limited to programs designed to send unsolicited
advertisements (i.e., “Spam ware”), services that send unsolicited
advertisements, programs designed to initiate “denial-of-service” attacks,
“mail bomb” programs, and/or programs designed to gain unauthorized access to
networks on the Internet.
3.
Usenet. Users who post messages to Usenet newsgroups
are responsible for becoming familiar and complying with any written charter or
FAQ governing the use of such newsgroups.
Regardless of such policies, users may not:
post
the same message, or a series of similar messages, to one or more newsgroups
(excessive cross-posting or multiple-posting, also known as “Usenet SPAM”);
Post-binary files to newsgroups not
specifically named for that purpose;
Solicit
mail for any address other then your eRouterZone accounts(s) or service where
doing so would manifest intent to harass others;
post messages for the purpose of
threatening, harassing or intimidating others;
post
messages that infringe on the personal or property rights of others (privacy
rights or copyrights, for example);
cancel
messages other then those you originated, with the exception of official
newsgroups moderators performing their duties;
post any message with forged packet
header-information; and/or
post
messages that are excessive and/or intended to annoy or harass others,
including, without limitation, messages promoting chain letters, pyramid
schemes or make-money-fast schemes.
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P.O. Box 39 Valley Stream, New
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Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
c)
Security. eRouterZone
Customers are solely responsible for any misuse of their account, even if the
offending act or conduct was committed by, results from or arises from the act,
omission or behavior or someone other than the Customer. Thus, Customers must take the necessary
precautions to protect access to and use of their accounts. eRouterZone recommends using passwords
(which themselves must be kept secure) six to twenty characters long, at least
on of which should combine upper and lower case letters and should not contain
or be based on any word or personal information (i.e., birth date, social
security numbers, etc.). Customers may
not:
share
passwords and account access with unauthorized users;
use or
attempt to use an account to breach the security of another account or attempt
to gain unauthorized access to another network or server;
attempt
to obtain another user’s account password;
attempt
to circumvent user authentication or security of any host, network or account (cracking),
including but not limited to accessing data not intended for the user, logging
into or making use of a server or account not expressly authorized for the user
or accessing or probing the security or other networks;
use or
distribute tools designed for compromising security, including but not limited
to password-guessing programs, cracking tools or network-probing tools; and/or
attempt
to interfere with service to any user, host or network (denial-of-service
attacks), including but not limited to flooding of networks, deliberate
attempts to overload a service and attempting to crash a host.
d)
Violations
and remedies. Users who violate systems or network
security may incur criminal or civil liability. eRouterZone will cooperate fully with all investigations of
violations of systems or network security at eRouterZone and/or other sites,
including but not limited to cooperation with law enforcement authorities in
the investigation of criminal violations.
eRouterZone reserves the right to suspend or terminate the account, or
any part thereof, of any Customer who, in the judgment of eRouterZone, fails to
abide by the policies contained herein.
In addition, eRouterZone may take such equitable actions as it deems
appropriate, including but not limited to those more fully set forth in this
eRouterZone agreement, and may seek legal remedies for any damages it may incur
as a result of any violation of this policy or attempted misuse or abuse of the
eRouterZone network, products and services.
e) Customer responsibilities. Each
eRouterZone Customer is responsible for the activities of its subordinate
customer base or end-users and, by accepting service from eRouterZone, agrees
to ensure that the Customer and its subordinate Customers abide by this policy. Complaints about the Customers or end-users
of an eRouterZone Customer will be forwarded to the eRouterZone Customer’s
Agreement holder for action. If
activity in violation of this agreement continues, then the products and
services of the eRouterZone Customer may be subject to suspension, termination
or other action, without notice, as eRouterZone in its sole discretion deems
appropriate. It is the Customer’s
responsibility to keep their Internet Domain Names active and paid in
full. eRouterZone is not responsible
for the loss of Internet Domain Names due to Customer’s failure to renew with
their Internet Domain Name provider. It
is the Customer’s responsibility to check the eRouterZone web page for updates
or modifications of this policy.
eRouterZone reserves the right to modify this agreement at any time
without notice. Currently, the latest
agreement can be found at:
http://www.eRouterZone.net/index/serviceagreement/agreementmain.htm
11.
Indemnification.
Customer hereby agrees to indemnify and hold harmless eRouterZone
against any and all liabilities, costs, expenses and claims relating to
Customers unlawful or improper user of the services offered, Customer’s failure
to comply with the terms and provisions of this agreement or personal claims
caused by Customer’s acts or omissions.
Furthermore, eRouterZone assumes no liability for damages or loss
relating to Customer’s business from any cause whatsoever, and especially in
connection with certain Customer equipment located on or off eRouterZone premises.
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P.O. Box 39 Valley Stream, New
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Tel/Fax: 516-569-5657
Email: hostmaster@poboxinc.com
12. Monitoring obligations. Customers
acknowledge that eRouterZone has no obligation to monitor services in any way
unless otherwise specified by contract, but that eRouterZone has a right to
monitor the service from time to time and to disclose any information as
necessary to satisfy any law, regulation, ordinance or other government
request, to operate the service properly, or to protect itself or its
subscribers. eRouterZone shall not
intentionally monitor or disclose any private email message unless required by
law. eRouterZone reserves the right to
refuse to post or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable or in violation of
this agreement and/or any local, federal, state and any applicable law
pertaining to such service.
13. Resellers program / Corporate accounts. Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store, give away any of eRouterZones services, or web-hosting services of their website to other parties. Such services can be defined as allowing a separate third party, to host content on the owner's web site and/or selling off email accounts. Exceptions to this include ad banners, classified ads, and personal ads. Customers may however resell our reseller packages / corporate accounts. eRouterZone reserves the right to refuse service and/or access to its servers to anyone. If Customer chooses to resell eRouterZone services Customer shall remain an eRouterZone customer for all purposes under this agreement. Customer agrees that if they resell eRouterZone Services, the purchaser of those resold services will become Customer's customer (a "Reseller Customer"). A Reseller Customer shall not become a Customer of eRouterZone, and eRouterZone will not be required to provide and technical or other support to any Reseller Customer. Reseller agrees to take all necessary measures to preclude eRouterZone from being made a party to any agreement with any Reseller Customer. Customer agrees and acknowledges that if they become a Reseller they will be authorized to resell eRouterZone provided Services on a non-exclusive basis only. Customer's right to resell eRouterZone services shall in no way preclude eRouterZone from marketing and selling eRouterZone's own products and services through its own employees, affiliates, other resellers or any other third party. eRouterZone expres