This page covers our Acceptable Use Policy (AUP) and our Terms of Service (TOS) legal agreements. Due to the similarity of both are included within this document.
HollyRidge Computer & Web Services has created this Acceptable Use Policy (AUP) and Terms of Service (TOS) for the site NCManage.com. This document was issued effective the twelfth day of March of two thousand three. Use of NCManage.com Service's constitutes acceptance and agreement to the Acceptable Use Policy, Terms of Service, Service Level Agreement, and Privacy Statement.
Definitions and Terminology within this Agreement
Company: HollyRidge Computer & Web Services and/or NCManage.com
We: Same as Company
Us: Same as Company
Our: Anything belonging to the company
Subscriber: Any person or company using our services
Customer: Any person or company using a subscriber's services
AUP: Acceptable Use Policy
TOS: Terms of Service
SLA: Service Level Agreement
PS: Privacy Statement
Our Policies: AUP, TOS, SLA, PS
Illegal Activities
We strongly prohibit use of our services in association with illegal activities. This can also include but not limited to managing or installing packages on a server that in any way, shape, or form is being used for any type illegal activities. In the case of a illegal issue we will disclose any and all information to law officials with or without the consent or notification of the subscriber or customer as long as they have a written request and proper identification.
Service Rates
We reserve the right to raise or lower our prices as deemed necessary. All rates are a general range of most cases. All promational offers are good as of said time disclosed.
Payments and Fees
All payments are due prior to services rendered. On monthly plans, such as but not limited to Management Type Plans, are due on or before the Monthly anniversary date. On any account that becomes 10 days past due are subject to a $10 late fee as well as have their services interrupted. Any account over 30 days will be charged a late fee of $10 per month. Any account that has interrupted services due to failure to make payment is subject to a $20.00 reinstatement fee prior to having their services returned. If the account is 90 or more past due then we reserve the right to turn it over for collections and/or to persue other methods of aquiring payment which the subscriber assumes responsibility for all fees and expenses ensued such as but not limited to collection fees, attorney fees, court cost, etc.
Special Fees
Late Fee: 10% ($10.00 minimum)
Reinstatement Fee: $20.00 (per server)
Check Non Sufficient Funds Fee: $50.00 (per instance)
Declined Credit Card Fee: $5.00 (per instance)
Charge Back Fee: $50.00 (per instance)
Order Cancellation Fee: 10% of order
Refunds and Disputes
All payments made to the us are nonrefundable. This includes any setup, monthly, and install fees reguardless of time used. Time allotments on monthly packages do not carry over from month to month. Any unused time will be forfeited on the anniversary date. Any overcharges or billing disputes must be reported in writing within 60 days of the date the disputed occurred. If you dispute a charge to your credit card issuer or bank that is in our sole discretion is a valid charge under our policies the subscriber assumes a charge of $50 charge back / administrative fee. At no time will we refund anymore than fees paid or invoices generated.
Failure to Pay
We 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, attorney, and court fees.
Account Cancellation
All account cancellation request must be made in writing within at least 10 days prior to the anniversary billing date. If you wish to cancel your account you may do it by email or by postal mail to the address at the bottom of this page. You must provide us with your account details for us to cancel your services for security purposes.
Account Modification
All account modification request must be made in writing within at least 10 days prior to the anniversary billing date. If you wish to modify your account you may do it by email or by postal mail to the address at the bottom of this page. You must provide us with your account details for us to modify your services for security purposes.
Notification of Violation(s)
We are under no obligation to look at each subscriber or customer's activities to determine if a violation of our policies have occurred, nor do we assume any responsibility through our policies to monitor or police Internet-related activities.
First violation:
Any subscriber or customer of a subscriber, which we determine to have violated any element of our policies, shall receive an email, warning them of the violation. The service may be subject at our sole discretion to a temporary suspension pending a full investigation and/or a subscriber's agreement in writing to refrain from any further violations.
Second violation:
Subscribers that we determine to have committed a second violation of any element of our policies shall be subject to immediate suspension or termination of service without further notice.
Suspension of Services or Cancellation
We reserve the right to suspend our services to any customer if in the judgment of our administrators if the subscriber is in violation of any of the terms of our policies or for any other reason which are deemed necessary at our sole discretion. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until an investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the subscriber's machines were suspended nor in the case services are canceled the subscriber will not receive any sort of refund or restitution in whole or in part.
Indemnification
We wish to emphasize that in agreeing to our policies, customer indemnifies us for any violation of our policies that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a subscriber's or a customer of a subscriber's activity, the subscriber will pay any damages awarded against us, plus all costs and attorney's fees.
Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you such as e-mail, fax (if used), and telephone contacts.
A waiver by us 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.
Subscriber shall not transfer or assign this Agreement without our prior written consent. We may assign Agreement at anytime without consent from or notice to Subscriber. We reserve right to cancel subscriber's rights under this contract at anytime without further obligation.
We are not responsible for the content of any other websites linked to our network. Links are provided as internet navigation tools only. We disclaim 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.
We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny 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 us.
Changes to Our Policies
We reserve the right to amend or make changes to our policies at any time as deemed necessary at our sole discretion. All sub-networks, resellers and managed servers of our company 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 and/or customers 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.
Contact / Questions
If you have any questions about our AUP or TOS, please contact us at your convenience. You can contact us by email at our TOS/AUP Department or at...
HollyRidge Computer & Web Services NCManage.com Division 107 Argyle Court Garner, NC 27529 USA Attn: TOS/AUP Department
