IMPORTANT NOTICE: *All Payments To Solvec B.V. Are Non-Refundable*
Solvec B.V., ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Solvec B.V. Service constitutes acceptance and agreement to Solvec B.V.'s AUP as well as Solvec B.V.'s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Solvec B.V. and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of
the country of the Netherlands applicable to contracts enforceable in that country.
1. Disclosure:
The AUP specifically prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification to the
Subscriber. In addition Solvec B.V. shall have the right to terminate all
service set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified rates and charges from time to
time. The promotional offer is contingent upon Company achieving and maintaining
its cost of service goals including but not limited to rates charged to company
by its suppliers.
3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment
of stated charges. Subsequent payments are due on the anniversary date of the month
for that month's service. Subscriber agrees that The Company automatically charges
subscriber`s credit card every month. Solvec B.V. reserves the right to process
client credit cards from 1 to 5 days before the actual due date to ensure that the
funds are received by the due date.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination
fee. Service will be interrupted on accounts that reach 4 days past due. Service
interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid
by due date are subject to a $25 late fee. Accounts that are not collectable by
Solvec B.V. may be turned over to an outside collection agency for collection.
If your account is turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel
your account, please follow the proper procedure to do this as outlined in this
TOS.
Subscriber accounts that are terminated for non payment will be
considered abandoned and forfeited after 30 days
5. Refund and Disputes:
All payments to Solvec B.V. are nonrefundable. This includes the one
time setup fee and subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within 30 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in Solvec B.V.'s sole discretion
is a valid charge under the provisions of the TOS and /or AUP, you agree to pay
Solvec B.V. an "Administrative Fee" of not less than $50 and not more than
$150.
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
7. Account Cancellation: All requests for canceling accounts must be made via email
to sales@Solvec B.V..com with at least 7 days prior to billing date. You must have
all account information to cancel.
8. Subscriber acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons. Therefore, subscriber agrees that the company
shall not be liable for any damages. In no event shall the company be liable for
any special or consequential damages, loss or injury.
9. Invoicing: The Company does not send out invoices automatically. If a subscriber
needs an invoice , they can request one at billing@Solvec B.V..com
10. Support Boundaries: Solvec B.V., provides 24 x 7 technical support to
our subscribers (except for few holidays and short company meetings.) All servers housed
at our facility are unmanaged, Solvec B.V. only ensures
that the server is online and is remotely accessible.. Solvec B.V. does not
offer tech support for application specific issues such as cgi programming, html
or any other such issue. Solvec B.V. does not provide technical support for
YOUR customers. If you can email, we encourage you to email support@megarouter.com
for assistance.
11. SPAM and Unsolicited Commercial Email (UCE): Solvec B.V. takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM
over our network. Very simply this means that customers of Solvec B.V. may
not use or permit others to use our network to transact in UCE. Customers of Solvec B.V.
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.
a. Violation of Solvec B.V.'s SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Solvec B.V.
will initiate an immediate investigation (within 48 hours of notification). During
the investigation, Solvec B.V. may restrict customer access to the network
to prevent further violations. If a customer is found to be in violation of our
SPAM policy, Solvec B.V. may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, Solvec B.V. reserves the right to
pursue civil remedies for any costs associated with the investigation of a substantiated
policy violation. Solvec B.V. will notify law enforcement officials if the
violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250
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. Users who violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed $175 per hour that Solvec B.V.
personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your
account.
c. As our Customers are ultimately responsible for the actions of their clients
over the Solvec B.V. network, it is advisable that Customers develop a similar,
or stricter, policy for their clients.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause
any of our IP space to be listed in any of the various Spam Databases will have
their server immediately removed from our network. The server will not be reconnected
until such time that you agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the server to confirm
that all material has been COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server from our network without notice to the customer.
Any server guilty of a second violation WILL be immediately and permanently removed
from our network without notice.
12. Network
a. Bandwidth Usage. Solvec B.V. will monitor Customer's bandwidth. Solvec B.V.
shall have the right to take corrective action if Customer's usage negatively
impacts other clients.
b. System and Network Security: Users are prohibited from violating or attempting
to violate the security of the Solvec B.V. Network. Violations of system
or network security may result in civil or criminal liability. Solvec B.V.
will investigate occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
13. Notification of Violation:
a. Solvec B.V. is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Solvec B.V. determines to have violated
any element of this Acceptable Use Policy, shall receive an email, warning them
of the violation. The service may be subject at Solvec B.V.'s discretion
to a temporary suspension pending a User's agreement in writing, to refrain from
any further violations.
c. Second Violation: Users that Solvec B.V. determines to have committed
a second violation of any element of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service without further notice.
d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing great harm to parties
on the Internet. In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your network. In certain
rare cases, we may have to do this before attempting to contact you. If we do this,
we will contact you as soon as is feasible.
14. Suspension of Service or Cancellation: Solvec B.V. reserves the right
to suspend network access to any customer if in the judgment of the Solvec B.V.
network administrators the customer's server is the source or target of the
violation of any of the other terms of the AUP or for any other reason which Solvec B.V.
chooses. If inappropriate activity is detected, all accounts of the Customer
in question will be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the customer's
machines were suspended
15. Solvec B.V. reserves the right to amend its policies at any time. All
Sub-Networks and resellers of Solvec B.V. must adhere to the above policies.
Failure to follow any term or condition will be grounds for
immediate Cancellation. You will be held responsible for the actions of your clients
in the matter described on these Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
17. Indemnification: Solvec B.V. wishes to emphasize that in agreeing to
the Solvec B.V. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Solvec B.V. for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to Solvec B.V. or the bringing
of any claim against Solvec B.V. by any third-party. This means that if Solvec B.V.
is sued because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against Solvec B.V., plus all costs
and attorney's fees.
16. Customer acknowledges that the service provided is of such a nature
that service can be interrupted for many different reasons and
interruptions can be prolonged due to external or internal events.
Therefore, subscriber agrees that Solvec B.V. shall not be
liable for any damages arising from such loss of service for any reason.
In no event shall the company be liable for any special or consequential
damages, loss or injury.
17. Miscellaneous Provisions: You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts are used, in that order
of preference.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers rights
under this contract at anytime without further obligation.
c. Solvec B.V. takes no responsibility for any material input by others and
not posted to the Solvec B.V. Network by Solvec B.V.. Solvec B.V.
is not responsible for the content of any other websites linked to the Solvec B.V.
Network; links are provided as Internet navigation tools only. Solvec B.V.
disclaims any responsibility for any such inappropriate use and any liability
to any person or party for any other person or party's violation of this policy.
d. Solvec B.V. is not responsible for any damages your business may suffer.
Solvec B.V. does not make implied or written warranties for any of our services.
Solvec B.V. denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by Solvec B.V..
19. Responsibility for Content: You, as Solvec B.V.'s customer, are solely
responsible for the content stored on and served by your Solvec B.V. server.
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