| Terms of services |
Resource ToolBox's Terms of Service
The following are the terms and conditions under which Resource ToolBox using
its sister company Psyon Data will provide all Internet services ("service" or "services").
These Terms of Service serve as a binding agreement between Resource ToolBox (herein
"Psyon Data") and each customer (herein "Customer").
1. Resource ToolBox will provide most communications with the Customer through
direct site posting, the Resource Panel, or through email to the Customer email
address, as provided at sign-up and within the Resource Panel. Notice of events
and changes in the Customer’s service or this agreement should be considered delivered
whenever such notice is posted in a recognizable location within Resource Panel,
or after the notice is sent to the Customer via e-mail.
2. Resource ToolBox agrees to never sell or disclose Customer's contact information
or other customer identification list to any third party, unless required by law
or upon specific authorization by the Customer.
3. Customers are required to ensure and maintain accurate contact information
within the Resource Panel. Any failure to do so may possibly result in the suspension
of service for the Customer. Resource ToolBox is not responsible should the Customer
be unable to access or use the Resource Panel.
4. Resource ToolBox reserves the right to refuse or terminate service to anyone,
at any time and for any reason, including but not limited to violation of Resource
ToolBox's Acceptable Use Policy. Should Resource ToolBox decide to terminate a Customer's
service for a reason that is other than a violation of the Acceptable Use Policy,
Resource ToolBox agrees to issue the Customer a pro-rated refund for the remaining
paid period of service. Resource ToolBox is not under any circumstances responsible
for any damages resulting from termination of service.
5. Resource ToolBox may make modify the Terms of Service at any time, and any
such change will take effect thirty (30) calendar days after notice has been provided
of the changes. If Customer does not agree with these Terms of Service, then Customer
reserves the right to discontinue the use of services immediately and should then
contact Resource ToolBox to cancel their service agreement.
6. Payments are due monthly on the day that the Customer initially contracted
services. Resource ToolBox agrees to distribute e-mail invoices approximately seven
(7) calendar days prior to the billing date. If payment is not received by the due
date, Customer's account may be suspended, and may be assessed a $25.00 reactivation
fee at Resource ToolBox's discretion. Accounts which have been suspended for eight
(8) days may result in the deletion of the account and all related electronic files.
Past due accounts may be subject to a 1.5% monthly service charge.
7. A $30.00 service charge will apply to all returned checks, cashier's checks,
or money orders.
8. Charges will be billed according to the price list currently listed within
Resource Panel. Customer reserves the right to cancel an account or a particular
service at any time, and to receive a full 30 day money back guarantee.
9. If any invoice or portion of an invoice is disputed, the invoice must still
be paid in full by the agreed upon due date. Credits issued as a result of the dispute
resolution will be applied to the subsequent monthly invoice.
10. Resource ToolBox reserves the right to modify account or service pricing
at any time. Pricing increases will take effect thirty (30) calendar days after
notice has been provided to Customer. Customer may then choose to cancel the account
or service in order to avoid a price increase.
11. Bandwidth will be invoiced according to the 95th Percentile Rule: all data
transfer samples from a given month will be automatically sorted from highest to
lowest, and the top 5% are discarded. The highest remaining data sample is the "95th
Percentile" number, which will be used as the basis for calculating the Customer’s
bandwidth rate (if above the subscribed bandwidth level) for that particular month.
12. Customer is responsible for complying with all federal (U.S.), state, and
local laws, and the applicable laws of any other countries with which Customer uses
the Internet to communicate. Customer may not knowingly participate in or support
any form of illegal activities through the use of this service. Resource ToolBox
does not claim responsibility for or control the content of network traffic to or
from their services or network.
13. Resource ToolBox's services are provided as-is, and are to be used at Customer's
risk. Resource ToolBox provides no warranties of any kind, expressed or implied,
including warranties of salability. Resource ToolBox is not responsible for hardware
or software damage, loss of wages or data, or any other financial or personal losses
of the Customer resulting from the use of, or inability to use, the service. Any
liabilities will be limited to the amount of the fee(s) paid for services rendered.
14. Customer is responsible for all actions taken or resulting from actions taken
during the Customer's use of this service. As a condition of service, Customer agrees
to indemnify and hold harmless Resource ToolBox's employees, agents, shareholders,
and partners from any cause of action originating from use of the service.
15. As a result of rising insecurity spanning the global Internet Resource ToolBox
recommends that all credit card numbers or other personally identifying information
is never sent through e-mail or any other Internet service, unless proper encryption
is used by the Customer. Customer is therefore fully liable and responsible for
the security and integrity of their own personal and payment information. Customer
is also responsible for the security and integrity of all Internet servers. Resource
ToolBox cannot be held liable for any security breaches which occur. Customer agrees
to fully indemnify and hold harmless Resource ToolBox from any legal or financial
claims that may result from a breach in the security during the Customer's time
of affiliation with Resource ToolBox.
16. PURCHASES- any purchases made in Resource Panel whether domain names, ssl
access, name servers or any other products will not be refunded in the case of termination
made by either party due to the time involved in transacting all purchases unless
a refund is given at our discretion which is the case when crediting back errors
or mistakes while still a client.
17. If any portion of this agreement is found contradictory federal, state, or
local law, the remaining portions will remain in full force. Any and all disputes
regarding or resulting from this agreement will be governed by the laws and courts
of the state of Nevada.
18. Additional terms and conditions may apply in regards to some services; these
terms and conditions are also specified within the service listing within the Resource
Panel. If you have any questions or comments regarding our terms, conditions and
policies, contact Resource ToolBox at the Contact Us link.
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