RTC exercises no control over, and accepts no responsibility for, the contents of the information passing through its host computers, network hubs and points of presence (the “RTC Network”). RTC (a) makes no warranties of any kind, whether express or implies, for the services and equipment it is providing, (b) disclaims any warranty of merchantability, non-infringement or fitness for a particular purpose, and (c) will not be responsible for any damages a customer suffers, including any damages for loss of data resulting for delays, non-deliveries, mis-deliveries, or service interruptions. Use of any information obtained via the RTC Network is at Customer’s own risks. RTC specifically denies any responsibility for the accuracy or quality of information obtained through its services. RTC shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, hurricane, wind storms, labor dispute, and changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, or other occurrences which are beyond RTC’s reasonable control.
All use of the RTC Network and the service must comply with the then-current version of the RTC Acceptable Use Policy (“Policy”) available at the following URL: http://www.rtconline.com/. RTC reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL. RTC reserves the right to suspend the service or terminate this Agreement effective upon notice if RTC determines that there has been a violation of the Policy. Customer agrees to indemnify and hold harmless RTC from any losses, damages costs or expenses resulting from any third party claims or allegation (“Claim”) arising out of or relating to use of the service, including any Claim which, if true, would constitute a violation of the Policy.
Network (IP) addresses assigned from a RTC net-block are non portable. Network (IP) address space allocated by RTC must be returned to RTC in the event Customer discontinues service or RTC discontinues service to Customer.
Payment is due upon receipt and is late after the 20th of each month. Accounts are in default if payment is not received within 20 days after invoicing. If payment is returned to RTC unpaid, Customer is immediately in default and subject to a return check charge of $20.00 from RTC. Accounts unpaid 40 days after date of invoice may have service interrupted. Such interruption does not relieve Customer of the obligation to pay the Monthly Fee. Only a written request to terminate Customer’s service relieves Customer of the obligation to pay the monthly fee. Accounts in default are subject to a late fee on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay RTC reasonable expenses, including attorney fees and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the equipment or services provided hereunder. If a Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement.
Billing for RTC service will commence when billing for the corresponding telephone or cable service commences, or monthly in advance if these other services are not provided. The Start-up Charge (if any) may be invoiced upon acceptance of this Agreement by RTC. Charges for equipment shall be invoiced upon delivery. Service is invoiced monthly in advance. RTC reserves the right to change the rates by notifying Customer 30 Days in advance of the effective date of the change.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted unless and except to the extent such variance is expressly set forth in a Special Exceptions section of the Order. Acceptance of this Agreement by RTC may be subject, at RTC’s absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate RTC’s acceptance of this Agreement. Use of the RTC Network constitutes acceptance of these Terms and Conditions.