terms of use
All users of Revelations Technology's services, and all customers upon signing up
for Revelations Technology's services, agree to comply with Revelations Technology's
Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Revelations
Technology's services with due regard to the rights of other Internet users and
in conformity with the requirements of Revelations Technology's network environment.
The TOU are not exhaustive and Revelations Technology reserves the right to add,
delete, or modify any provision of its TOU at any time without notice, effective
upon either the posting of the modified TOU to www.revtechkc.com or notification
of the modified TOU. Any complaints about a customer's violation of the TOU should
be sent to abuse@revtechkc.com. The TOU
supersedes any other agreement with Revelations Technology, whether written, oral,
by conduct, or otherwise. |
A. Revelations Technology Web Hosting Customer Restrictions
The following Terms of Use apply only to Revelations Technology's Web Hosting customers,
and supplement the terms in sections C and D that apply to all Revelations Technology
customers:
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Server Resources |
Any Web site that uses a high amount of server resources (such as, but not limited
to, CPU time, memory usage, and network resources) will be given the option to either
pay additional fees (which will depend on the resources required), reduce the resources
used to an acceptable level, or upgrade its service to a Dedicated Server plan.
Revelations Technology will be the sole arbiter of what is considered to be a high
server usage level. All Web Hosting and Ecommerce accounts come with a limit of
5,000 files per account. Each block of 5,000 files after the initial 5,000 will
incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account
deemed to be adversely affecting server performance or network integrity will be
shut down without prior notice.
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Spamming |
Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads a server or
disrupts service to Revelations Technology's customers. The term "spamming" also
includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming
using the service of another ISP or IPP and referencing in the spam a Web site hosted
on a Revelations Technology server, and selling or distributing software (on a Web
site residing on a Revelations Technology server) that facilitates spamming. Violators
will be assessed a minimum fine of $200 and will face immediate suspension. Revelations
Technology reserves the right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
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Software Distribution |
Revelations Technology's Web Hosting accounts are not configured for the purposes
of distributing software and/or multimedia products. If you wish to distribute software
and/or multimedia files, please contact sales@revtechkc.com to make special arrangements.
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Multimedia Files |
Multimedia files are defined as any graphics, audio, and video files. Revelations
Technology Web Hosting and Ecommerce accounts are not to be used for the purposes
of distributing and storing unusual amounts of multimedia files. Any Web site whose
disk space usage for storing multimedia files exceeds 70% of its total usage, in
terms of total size or number of files, will be considered to be using an unusual
amount of multimedia files
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Databases |
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Any database stored on Revelations Technology's Web Hosting servers will be limited
in size to 10% of the total disk space allotted for that particular domain's plan/web
hosting account. |
B. Revelations Technology Dedicated Server Customer Restrictions
The following Terms of Use apply only to Revelations Technology's Dedicated Server
customers, and supplement the terms in sections C and D that apply to all Revelations
Technology customers:
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Customer Security Responsibilities |
The customer is solely responsible for any breaches of security affecting servers
under customer control. If a customer's server is involved in an attack on another
server or system, it will be shut down and an immediate investigation will be launched
to determine the cause/source of the attack. In such event, the customer is responsible
for the cost to rectify any damage done to the customer's server and any other requirement
affected by the security breach.
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Billing for Network Resources |
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The customer understands that the customer is responsible for paying for any network
resources that are used to connect the customer's server to the Internet. The customer
may request that the customer's server be disconnected from the Internet, but the
customer will still be responsible for paying for any network resources used up
to the point of suspension or cancellation. |
C. All Revelations Technology Customer Terms of Use
The following Terms of Use apply to ALL Revelations Technology customers:
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Revelations Technology Services |
Revelations Technology's services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting
customers' account (including all billing data and the space on the particular Web
server that Revelations Technology provides to customers);
- any use by customers, or any access provided to customers by Revelations Technology,
of computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by Revelations Technology to customers, related
to Web hosting and domain name registrations (including server usage and technical
support), regardless of duration and whether paid for or not;
- any provision by Revelations Technology to customers, of any space, Internet connectivity,
or electrical power;
- any access or use related to the Revelations Technology's Web site, including the
Web site itself;
- any other service mentioned in the TOU;
- any other service provided by Revelations Technology to customers, whether used
or not;
- any other Revelations Technology services that are used by customers, whether offered
or provided by Revelations Technology to customers.
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Ownership of Web Site |
The legal owner of customers' Web sites and accounts with Revelations Technology
will be the individual or organization whose name is listed in Revelations Technology's
database as the owner. Customers will fully cooperate with and abide by any and
all of Revelations Technology's security measures and procedures in the event of
any dispute over ownership of customers' Web sites and accounts with Revelations
Technology.
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Illegal Use |
Revelations Technology servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material in violation of any
applicable law or regulation, or that may directly facilitate the violation of any
particular law or regulation is prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets or other intellectual property rights
used without proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Additionally, in purchasing
Revelations Technology services, all Revelations Technology customers certify that
they and/or the organization they represent in procuring services from Revelations
Technology are not, nor have been designated, a suspected terrorist as defined in
Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as
defined in Executive Order 13224; and are not on, are not a member of, related to,
associated with, or controlled by any organizations on the list contained in the
Annex to Executive Order 13224 and all updates thereto.
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Spamming |
Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads a server or
disrupts service to Revelations Technology's customers. The term "spamming" also
includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming
using the service of another ISP or IPP and referencing in the spam a Web site hosted
on a Revelations Technology server, and selling or distributing software (on a Web
site residing on a Revelations Technology server) that facilitates spamming. Violators
will be assessed a minimum fine of US$200 and will face immediate suspension. Revelations
Technology reserves the right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
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System and Network Abuse |
Violations of system or network security are prohibited and may result in criminal
and civil liability. Examples of system or network security violations include,
without limitation the following: unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without express
authorization of the owner of the system or network; interference with service to
any user, host or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an email or a newsgroup posting.
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Viruses and Other Destructive Activities |
Use of Revelations Technology's services or equipment for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging
in denial of service attacks is prohibited. It is also prohibited for any customer
to engage in other activity that is intended to disrupt or interfere with, or that
results in the disruption of or interference with, the ability of others to effectively
use Revelations Technology's services and equipment (or any connected network, system,
service or equipment) or conduct their business over the Internet.
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Copyright Violations |
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use
of copyrighted materials on the Internet. All Revelations Technology customers are
subject to the requirements of the DMCA. Individuals or entities submitting notifications
of copyright infringement by a Revelations Technology customer (per the DMCA) to
Revelations Technology must follow the below procedures. Copyright infringement
notifications submitted to Revelations Technology according to these procedures
will be processed within 21 days of receipt. Customers who are the subject of a
DMCA notification that meets the below criteria may be subject to account termination
at Revelations Technology's sole discretion.
DMCA Copyright Infringement Notification Requirements
- Signature of the copyright owner or a person authorized to act on the copyright
owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough
information for Revelations Technology to locate it including URLs and specific
descriptions of the infringing material at each URL.
- The Claimant's name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material
is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification
of copyright infringement is accurate and that the Claimant is authorized to act
on behalf of the copyright owner.
- Mail the notification to:
Revelations Technology, Inc.
Legal Department - DMCA Complaints
P.O. Box 860063
Shawnee, KS 66226 USA
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Adult Content |
Pornography and sex-related merchandising are prohibited on Revelations Technology
servers. This includes sites that may infer sexual content or provide links to adult
content elsewhere. This is also true for sites that promote any illegal activity
or content that may be damaging to our servers or any other server on the Internet,
or provide links to such sites.
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Child Pornography |
The use of Revelations Technology's services to store, post, display, transmit,
advertise or otherwise make available child pornography is prohibited. Revelations
Technology is required by law, and will, notify law enforcement agencies when it
becomes aware of the presence of child pornography on, or being transmitted through,
its services.
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Privacy |
Revelations Technology is concerned with the privacy of on-line communications and
Web sites. In general, the Internet is neither more nor less secure than other means
of communication, including mail, facsimile, and voice telephone service, all of
which can be intercepted and otherwise compromised. As a matter of prudence, however,
Revelations Technology urges its customers to assume that all of their on-line communications
are insecure. Revelations Technology cannot take any responsibility for the security
of information transmitted over Revelations Technology's facilities. Additional
details on privacy and Revelations Technology's use of customer information can
be found in Revelations Technology's Privacy Statement located
here.
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Customer Responsibility |
Customers are required to use the Revelations Technology network responsibly. This
includes respecting the other customers of Revelations Technology. Revelations Technology
reserves the right to suspend and/or cancel service with any customer who uses the
Revelations Technology network in such a way that adversely affects other Revelations
Technology customers. While Revelations Technology may monitor its service electronically
to determine that its facilities are operating satisfactorily, as a general practice,
Revelations Technology does not monitor its customers' communications or activities
to determine whether they are in compliance with the TOU. However, when Revelations
Technology becomes aware of any violation of the TOU or other user agreements, Revelations
Technology may take any action to stop or correct such violation, including, but
not limited to, denying access to Revelations Technology's services and equipment
or to the Internet. In addition, Revelations Technology may take action against
a customer or a customer of such customer because of the activities of such customer.
Revelations Technology anticipates that customers who offer Internet services will
cooperate with Revelations Technology in any corrective or preventive action that
Revelations Technology deems necessary. Failure to cooperate with such corrective
or preventive measures is a violation of Revelations Technology policy and Revelations
Technology reserves the right to take any such action even though such action may
affect other customers of the Revelations Technology customer.
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Actions Taken by Revelations Technology |
The failure by a customer to meet or follow any of the TOU is grounds for account
deactivation. Revelations Technology will be the sole arbiter as to what constitutes
a violation of the TOU. Revelations Technology reserves the right to remove any
account without prior notice and to refuse service to anyone at any time. When Revelations
Technology becomes aware of an alleged violation of its TOU, Revelations Technology
will initiate an investigation. During the investigation, Revelations Technology
may restrict a customer's access in order to prevent further potentially unauthorized
activity. Depending on the severity of the violation, Revelations Technology may,
at its sole discretion, restrict, suspend, or terminate a customer's Web hosting
account and/or pursue other civil remedies. If such violation is a criminal offense,
Revelations Technology will notify the appropriate law enforcement authorities of
such violation. An unlisted activity may also be a violation of the TOU if it is
illegal, irresponsible, or constitutes disruptive use of the Internet. Revelations
Technology does not issue credits for outages incurred through service disablement
resulting from TOU violations. Violators of the policy are responsible, without
limitations, for the cost of labor to rectify any damage done to the operation of
the network and business operations supported by the network, and to respond to
complaints incurred by Revelations Technology.
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Indemnification |
Revelations Technology customers agree to protect, defend, hold harmless, and indemnify
Revelations Technology, any third party entity related to Revelations Technology
(including, without limitation, third party vendors), and Revelations Technology's
executives, directors, officers, attorneys, managers, employees, consultants, contractors,
agents, parent companies, subsidiaries, and co-subsidiaries with the same parent
company as Revelations Technology, from and against any and all liabilities, losses,
costs, judgments, damages, claims, or causes of actions, including, without limitation,
any and all legal fees and expenses, arising out of or resulting in any from the
customer's use of Revelations Technology's services.
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Disclaimer |
The Revelations Technology service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not limited to,
warranties of merchantability, fitness for a particular purpose or non-infringement.
Revelations Technology expressly disclaims any representation or warranty that the
Revelations Technology service will be error-free, secure or uninterrupted. No oral
advice or written information given by Revelations Technology, its employees, licensors
or the like, will create a warranty; nor may you rely on any such information or
advice. Revelations Technology and its partners and suppliers will not be liable
for any cost or damage arising either directly or indirectly from any transaction
or use of the service.
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Termination for Bankruptcy or Insolvency |
If a customer becomes insolvent or any bankruptcy petition is filed by the customer,
or any third party against the customer, Revelations Technology may immediately
terminate provision of Revelations Technology's services to the customer without
prior notice or penalty. Such customer consents to the grant of relief from any
automatic stay of proceedings against Revelations Technology in such event.
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LIMITATION OF LIABILITY |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY
OF LAW OR EQUITY, WILL REVELATIONS TECHNOLOGY'S (INCLUDING, WITHOUT LIMITATION,
REVELATIONS TECHNOLOGY'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES
WITH THE SAME PARENT COMPANY AS REVELATIONS TECHNOLOGY, AFFILIATES, THIRD-PARTY
PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING REVELATIONS TECHNOLOGY'S SERVICES, BE LIABLE FOR THE
LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES
INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR REVELATIONS TECHNOLOGY SERVICES, OR
ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY
TO USE, ANY REVELATIONS TECHNOLOGY SERVICES EVEN IF REVELATIONS TECHNOLOGY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REVELATIONS TECHNOLOGY'S TOTAL CUMULATIVE
LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED
TO THE TOU OR REVELATIONS TECHNOLOGY'S SERVICES, INCLUDING, WITHOUT LIMITATION,
THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY REVELATIONS TECHNOLOGY OR REVELATIONS
TECHNOLOGY'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE
LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR
THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING
THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF
ACTION AROSE.
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Modifications |
Revelations Technology may discontinue, upgrade, replace, modify, or change in any
way, without limitation, any software, application, program, data, hardware, equipment,
or portions or components thereof, used to provide customers with Revelations Technology's
services. Certain changes to Revelations Technology's services may affect the operation
of customers' personalized applications and content. Each customer is solely responsible,
and Revelations Technology is not liable, for any and all such personalized applications
and content, except as expressly agreed to by Revelations Technology.
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Backup of Data |
Except where Revelations Technology has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and Revelations Technology is in
NO way responsible, for the management and backup of all customer data, and all
updates, upgrades, and patches to any software that customers use in connection
with Revelations Technology services.
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Third Party Licenses |
Revelations Technology makes a reasonable effort to provide customers with technologies,
developments, and innovations (collectively "Technologies"), part of which may be
licensed, or co-branded, from or by, third party entities. However, Revelations
Technology makes NO warranty of any kind, either express or implied, regarding the
quality, accuracy, reliability, validity, or continued existence of any or all aspects
of such Technologies. Moreover, Revelations Technology specifically disclaims all
warranties of merchantability and and fitness for a particular purpose for such
Technologies. Furthermore, no customer will hold Revelations Technology liable in
any way for the revocation of any license, which has been licensed to Revelations
Technology. The use of the Technologies obtained from or through Revelations Technology,
or any other referred third party, whether directly or indirectly, is at the sole
risk of customers.
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Non-Revelations Technology Products |
Any mention of non-Revelations Technology products by Revelations Technology, its
employees, or any third party entity related to Revelations Technology is for information
purposes only and does not constitute an endorsement or recommendation by Revelations
Technology. Revelations Technology disclaims any and all liabilities for any representation
or warranty made by the vendors of such non-Revelations Technology products or services.
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Revelations Technology's Intellectual Property |
Customers will not, without Revelations Technology's express written consent, copy,
reproduce, republish, or otherwise use any material, in whole or in part, that is
located on Revelations Technology's Web site, and customers will not use any of
Revelations Technology's trademarks, service marks, copyrighted materials, or other
intellectual property without Revelations Technology's express written consent.
Customers will not, in any way, misrepresent their relationship with Revelations
Technology, attempt to pass themselves off as Revelations Technology, or claim that
customers are Revelations Technology.
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Assignment |
Customers may not assign or delegate their rights or obligations under the TOU or
other agreement for Revelations Technology's services, either in whole or in part,
without the prior written consent of Revelations Technology.
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Minimum Age Requirement |
Revelations Technology customers must be at least 18 years of age. Any individual
under the age of 18 years ("Minor") must have a parent or guardian accept the TOU
in order for the Minor to become a Revelations Technology customer. A parent or
guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with the TOU, including the timely and full payment
of the charges for Revelations Technology services, and such primary liability will
continue even when the Minor has attained the age of 18, unless the parent or guardian
obtains Revelations Technology's express written consent to the contrary. Any acceptance
of the TOU or any other agreement for Revelations Technology's services will be
deemed null and void to the extent that Revelations Technology will not be liable
in any way as a result of the Minor's age or legal incapacity or the Minor's use
of Revelations Technology's services.
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Governing Law and Severability |
The TOU, and any other agreement for Revelations Technology services, will be governed
by and construed in accordance with the laws of the State of Kansas, USA without
reference to its conflicts of laws principles. Any litigation or arbitration between
a customer and Revelations Technology will take place in Kansas, and the customer
will consent to personal jurisdiction and venue in that jurisdiction. If any provision
or portion of the TOU or other Revelations Technology agreement is found by a court
of competent jurisdiction to be unenforceable for any reason, the remainder of the
TOU or the agreement will continue in full force and effect.
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Force Majeure |
Revelations Technology will not be liable for delays in its performance of the TOU
or Revelations Technology services caused by circumstances beyond Revelations Technology's
reasonable control, including acts of God, wars, insurrection, civil commotions,
riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions,
shortages of labor or materials, labor disputes, transportation problems, accidents,
embargoes, or governmental restrictions (collectively "Force Majeure"). Revelations
Technology will make reasonable efforts to reduce to a minimum and mitigate the
effect of any Force Majeure. Notwithstanding anything contained elsewhere herein,
lack of finances will not be considered an event of Force Majeure nor will any event
of Force Majeure suspend any obligation of customers for the payment of money due.Waiver
and AmendmentAny waiver, modification, or amendment of any provision of the TOU
or other agreement for Revelations Technology services, initiated by a customer,
will be effective only if accepted in writing and signed by an authorized representative
of Revelations Technology.
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Independent Contractors |
Nothing in this Agreement will be construed as creating a partnership or relationship
of employer and employee, principal and agent, partnership or joint venture between
Revelations Technology and its customers. Each of Revelations Technology and its
customers will be deemed an independent contractor at all times and will have no
right or authority to assume or create any obligation on behalf of the other, except
as may be expressly provided herein.
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Construction and Interpretation |
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will
be construed as including all genders, and wherever the singular is used, it will
be deemed to include the plural and vice versa, where the context so requires. The
division of the TOU into sections/paragraphs, and the insertion of headings/captions,
are for convenience of reference only and will not affect the construction or interpretation
of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved
against the drafting party will not be applicable in the construction or interpretation
of the TOU.
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Complete Agreement and Exclusivity |
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The TOU, and/or any other specific agreement for Revelations Technology services,
constitutes the complete understanding and agreement between Revelations Technology
and its customers. Except when expressly agreed to the contrary in signed writing
by an authorized representative of Revelations Technology, the TOU supersedes any
other written (including digitized/computerized) agreement, oral agreement, and/or
agreement by conduct. This TOU, and/or any other specific agreement for Revelations
Technology services is between Revelations Technology and its customers only and
will not confer any rights in any third party except as otherwise expressly provided
by Revelations Technology. |
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Billing/Price Changes |
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Revelations Technology's policies and prices are subject to change without notice.
Any price changes become effective in the next billing cycle. |
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