Terms of Service and Acceptable Use Policy

This agreement represents the complete agreement and understanding between RosenMill Technologies, Inc and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via RosenMill Technologies, Inc services, RosenMill Technologies, Inc may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our Billing Department so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.

1. RosenMill Technologies, Inc makes no warranties of any kind, whether expressed or implied, for the service it is providing. RosenMill Technologies, Inc also disclaims any warranty of merchantability or fitness for a particular purpose. RosenMill Technologies, Inc will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
   
   
2. Services provided to the Customer by RosenMill Technologies, Inc may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. RosenMill Technologies, Inc reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
   
   
3. Customer agrees to defend, hold harmless and expeditiously indemnify RosenMill Technologies, Inc from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
   
   
4. RosenMill Technologies, Inc accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy.
   
   
5. RosenMill Technologies, Inc reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after RosenMill Technologies, Inc's cancellation of the account without RosenMill Technologies, Inc's written consent, RosenMill Technologies, Inc will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
6. Any setup fee is not refundable. Any cancellation fee is not refundable. Any late fee is not refundable.
   
   
7. If accounts are billed in error after the Cancellation date, credits will only be issued after a validation of claim by RosenMill Technologies, Inc.
   
   
8. Additionally, CUSTOMER agrees not to utilize the RosenMill Technologies, Inc service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 200 or more recipients or ten or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the RosenMill Technologies, Inc Acceptable Use Policy will be fined $500 per message. Payment by CUSTOMER under this provision shall not prevent RosenMill Technologies, Inc from seeking other legal remedies against CUSTOMER.
   
   
9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spam ware") and services which send unsolicited advertisements.
   
   
10. RosenMill Technologies, Inc requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. RosenMill Technologies, Inc cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
    
    
11. Customer shall ensure that its use of RosenMill Technologies, Inc's network services shall not disrupt RosenMill Technologies, Inc, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, RosenMill Technologies, Inc reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any RosenMill Technologies, Inc user or to any directly or indirectly attached network. Use of RosenMill Technologies, Inc's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by RosenMill Technologies, Inc shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of RosenMill Technologies, Inc's service, RosenMill Technologies, Inc's equipment or any site hosted on any RosenMill Technologies, Inc network.
    
    
12. Customer warrants that any material submitted for publication on RosenMill Technologies, Inc does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libellous. RosenMill Technologies, Inc reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
    
    
13. If RosenMill Technologies, Inc becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, RosenMill Technologies, Inc, at its discretion, may, at any time deny access to the challenged material of Customer.
    
    
14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
    
    
15. Use of RosenMill Technologies, Inc's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
    
    
16. Any plan with limited data/bandwidth transfer, is subject to a surcharge in the event usage exceeds the allotted free data transfer/bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.
    
    
17. Any party seeking to report any other potential violations of this Agreement may contact RosenMill Technologies, Inc.
    
    
18. Transferring your domain to another provider does not constitute cancelling your RosenMill Technologies, Inc account. You must notify RosenMill Technologies, Inc to formally cancel your account with RosenMill Technologies, Inc to avoid further charges.
    
    
19. On occasion, RosenMill Technologies, Inc may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account and to ensure any email filtering system does not prohibit essential email notification from RosenMill Technologies, Inc.
    
    
20. It is the responsibility of the customer to contact RosenMill Technologies, Inc of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.
    
    
21. Be aware that RosenMill Technologies, Inc will immediately and enthusiastically abide by, and assist any bona fide law enforcement agency in response to any alleged criminal act, be it intentional or accidental or under duress that is committed by any staff member or Customer of RosenMill Technologies, Inc.
    
    
22. RosenMill Technologies, Inc reserve the right to alter the Terms of Service/Usage Agreement at any time without notice.
    
    
23. Further to abovementioned banned activities, the Customer shall not actually or attempt to perform, activate, initialise, support, participate in or assist in any manner in the following with any utilisation of, to any level or type of RosenMill Technologies, Inc servers, products, networks, hardware or software; RC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one stream), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content is prohibited.
    
    
24. Any material, be it graphical, literary, audio, animated, filmed, drawn, digitized or otherwise stored or transmitted in any known or yet to be known form or format which creates any perceivable or potential harm to minors is strictly and completely forbidden on or in any service or product provided by RosenMill Technologies, Inc including, but not limited to child pornography or content perceived to be child pornography. Any Customer found to host child pornography, or any variation thereof, or linking to child pornography, or any variation thereof, will be suspended immediately without notice. Appropriate law enforcement agencies will be immediately and formally notified by RosenMill Technologies, Inc. Any subsequent investigation by any such agency with be fully supported and assisted by RosenMill Technologies, Inc.
    
    
25. Any abuse, be it physical, verbal, in written form, digital form, through a third party or email, towards a staff member of RosenMill Technologies, Inc, will result in immediate suspension or cancellation of any type of account, agreement or service provided to that customer and/or involved third party. Any attempt by any person or Customer to seek out any staff member of RosenMill Technologies, Inc with nefarious intent or malicious aforethought or without express permission of that staff member, be it by that customer or by some individual or agency on behalf of that Customer will result in immediate suspension or cancellation of any type of account, agreement or service provided to that customer and/or involved third party. Any breach of condition 24 will always result in a full and thoroughly supported complaint of criminal activity to the appropriate law enforcement agency by the Management of RosenMill Technologies, Inc. Any resulting cancellation or suspension of any account due to a breach of section 25 of this agreement will forfeit any and all refund, compensation, actual entitlement or benefit to the former Customer.