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| TERMS AND CONDITIONS | DATACENTER TERMS AND CONDITIONS | |||||||||||||||
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RULES AND REGULATIONS These Rules and Regulations cover (1) customer's (and its customers, agents and users) use of and access to iASPire; facilities (e.g. Internet Applications Centers); (2) Customer's (and it customers, agents and users) use of the iASPire online services; and (3) iASPire; maintenance of the services it provides to its Customers. ACCESS TO INTERNET APPLICATIONS CENTERS Only those individuals identified in writing by iASPire; customer (the "Customer") on the Customer Registration Form ("Representatives") may access the Internet Applications Centers. Customer shall deliver prior written notice to iASPire of any changes to the Customer Registration Form and the list of Representatives. Customer and its Representatives shall not allow any unauthorized persons to have access to or enter any Internet Applications Centers. Customer and its Representatives may only access that portion of an Internet Applications Center made available by iASPire to Customer for the placement of Customer's equipment and use of the Internet Applications Center Services (the "Customer Area"), unless otherwise approved and accompanied by an authorized iASPire representative. USE OF INTERNET APPLICATIONS CENTER FACILITY Conduct at Internet Applications Centers Customer and its representatives agree to adhere to and abide by all security and safety measures established by iASPire and set forth in the Customer Guide provided by iASPire to Customer. Customer and its Representatives shall also not do or participate in any of the following: · misuse or abuse any iASPire property or equipment or third party equipment; EQUIPMENT AND CONNECTIONS Customer Equipment Each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or code name provided in writing to iASPire) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer's name (or code name provided in writing to iASPire) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide iASPire with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment. SCHEDULED MAINTENANCE iASPire will conduct routine scheduled maintenance of its Internet Applications Centers and Internet Applications Center Services according to the maintenance schedule posted on iASPire; World Wide Web site at http://www.iaspire.net/support/maintenance.asp. In the event a mission critical maintenance situation arises, iASPire may required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, Customer's Equipment may be unable to transmit and receive data and Customer may be unable to access the Customer Equipment. Customer agrees to cooperate with iASPire during the scheduled and emergency maintenance periods. ONLINE CONDUCT Customer Content Customer acknowledges that iASPire exercises no control whatsoever over the content of the information passing through Customer's site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and these Rules and Regulations. Prohibited Activities Customer will not, and will not permit any persons ("Users") using Customer's online facilities and/or services, including, but not limited to, Customer's Web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"): · send unsolicited commercial messages or communications in any form ("SPAM");
Third Party Complaint Process iASPire receives written complaints ("Complaints") from third parties regarding Prohibited Activities allegedly being conducted by a Customer or its Users. iASPire requires its Customers to use policies similar to these Rules and Regulations and will work with its Customers to resolve violations. iASPire will take the following actions to document and resolve each Complaint received by iASPire related to a Customer or its Users. First Complaint Upon receipt of the initial complaint from a third party regarding Prohibited Activity by a Customer or its User, iASPire will send a letter (the "First Letter") to the complaining third party that describes iASPire; policies related to the Prohibited Activity and lists the contact information for the Customer and encloses a copy of the original Complaint received by iASPire. iASPire also will deliver notice of the Complaint to the customer by sending a copy of the same letter to the Customer via e-mail to its abuse address so that Customer can identify and remedy the Prohibited Activity. iASPire; goal is to put the complainant directly in touch with the party in the best position to remedy the problem, iASPire; Customer who has the relationship with the alleged violator. Second Complaint Upon receipt of a second complaint after the date of the First Letter related to the same or similar Prohibited Activity of Customer described in the First Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, iASPire will send a second letter (the "Second Letter") with a copy of the second complaint to the Customer and request that Customer respond in writing to iASPire with an explanation and timeline of the actions to be taken by Customer to remedy Prohibited Activity. In the event that Customer does not respond to the iASPire; letter and remedy the Prohibited Activity within ten (10) business days, iASPire will bill Customer in the following month $500 to cover iASPire; administrative costs associated with the Prohibited Activities of Customer. Third Complaint Upon receipt of a third complaint after the date of the Second Letter related to the same or similar Prohibited Activity of Customer described in the Second Letter that clearly indicates that the Prohibited Activity continued after the date of the First Letter, iASPire will send a third and final letter (the "Third Letter") with a copy of the third complaint to the Customer and request again that the Prohibited Activity cease immediately. In the event that the Prohibited Activity does not cease within five (5) business days, iASPire will terminate or suspend its connectivity service to its Customer, and will only resume providing service when it receives adequate assurances that such activity will not continue. iASPire will also bill its Customer $5,000 to cover iASPire; administrative costs associated with the Prohibited Activities. Suspension and Termination of Service iASPire reserves the right to suspend and/or terminate a Customer's Service at any time for any material failure of Customer, its Representatives or its Users to comply with these Rules and Regulations. SUPPLEMENTAL SERVICES Subject to the terms and conditions set forth in the Service Agreement between iASPire and the Customer, iASPire may, from time to time, provide Customer with certain limited services and equipment needed and requested by Customer on a "one-off" or emergency basis ("Supplemental Services") where such services are not included within the scope of the Services purchased by Customer. Customer will be charged for all Supplemental Services provided Customer. iASPire has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services are provided on an "as-is" basis and exclude warranties of any kind, whether express or implied. LIMITATION OF LIABILITIES Under no circumstances will iASPire's liability for damages to Clients or Users under this Policy exceed the amount they paid to iASPire for one month's access to the iASPire Network. MODIFICATION OF RULES AND REGULATIONS iASPire may change these Rules and Regulations upon fifteen (15) days; notice to Customer, which notice shall be provided by posting such new Rules and Regulations. | |||||||||||||||
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