Acceptable Use Policy and Terms of Service agreement.
Originally posted and effective date: February, 1994.
Amended 11/22/1998, 5/1/2003.
PREAMBLE: Ohio Statewide Systems, OHIORAMP, and OHIORAMP.COM all refer to the same entity, the service provider known as OHIORAMP.
1. TERMS OF SERVICE AGREEMENT AND RULES OF USE
a. OHIORAMP provides its service to you as a registered subscriber or authorized user subject to the terms of this agreement. This is a binding agreement which incorporates the OHIORAMP Acceptable Use Policy Statment and Terms of Service Agreement ("TOS" is available at http://www.ohioramp.com/disclaim). This agreement comprises the entire agreement between OHIORAMP and you, superseding any other or prior agreements between you and OHIORAMP. Additionally, you may be subject to additional terms and conditions that may apply when you use third-party content, software, or services. b. OHIORAMP may alter this agreement (or our policies, or the TOS) at any time, and such change shall take effect thirty (30) days after such change has adopted and posted at our business office and on our website. ("Effective Date"). The top of this document will provide the date of the last change. You agree to review the TOS periodically to be aware of any such changes. If any change is unacceptable to you, you may terminate your subscription as provided below. Your continued use of OHIORAMP following the Effective Date of any such change to the TOS constitutes acceptance of all such changes. c. While OHIORAMP keeps the current TOS Agreement available in our business office, no warranty that the TOS Agreement avaailable from the Web Site is current or correct. You may request a hardcopy of this agreement by writing to us at 13500 Pearl Road, Suite #139-300, Cleveland, OH 44136.
2. YOUR ACCOUNT INFORMATION
a. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide OHIORAMP with complete, accurate, and current registration information. Failure to do so shall constitute a breach of this agreement and unauthorized access to OHIORAMP. Unauthorized access to OHIORAMP could result in immediate termination of your account and subject you to civil and criminal liability. Unless you have prior written authorization from OHIORAMP, you may not use multiple channels or accounts to access the service. b. By registering, you will receive an account, a User ID selected by you that is not in violation of a third party’s property rights or that OHIORAMP deems offensive or otherwise inappropriate. OHIORAMP owns all User ID names and licenses them to you. Additionally, you may not use your account in violation of the TOS or in ways OHIORAMP deems inappropriate (e.g., sending or causing to be sent mass e-mail solicitations). OHIORAMP reserves the right to refuse requests for any such User ID. c. You are entirely liable for all activities conducted through your account. You may not permit another individual to use your account without direct supervision by you. You may permit another individual, including a minor, to use the account subject to the following limitations: you must agree to (1) supervise the other individuals use of the account, (2) assume any and all resulting liabilities of such use, including responsibility for any and all content accessed, (3) hold OHIORAMP harmless for any such use of OHIORAMP for a person other than you, and (4) acknowledge that the decision to allow another individual to use the account is made by you and not OHIORAMP. Because OHIORAMP may send important notices about your account or services to the account holder, you agree to check your account’s e-mail regularly and bear the risk of failing to do so. d. Persons who have had their OHIORAMP subscription terminated may not access the service without OHIORAMP's prior express written permission. You may not allow a former OHIORAMP account holder or other agent whose account has been terminated, to use your account. For additional information on re-registration and multiple accounts, see below.
3. CHARGES AND BILLING PRACTICES
a. You may obtain current rates and surcharges for using OHIORAMP by contacting our business office Ohioramp provides a summary of most services and billing practices via our website. Such rates are for OHIORAMP service only, and do not include products or services from the local telephone company, or any third party, no do they include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to your account. You are responsible for any such taxes. b. If you have elected to pay for OHIORAMP by credit card or electronic funds transfer and OHIORAMP does not receive payment from the card issuer or its agents or your bank, you agree to pay all amounts due upon demand by OHIORAMP. Each time you access OHIORAMP you agree and reaffirm that OHIORAMP is authorized to charge your designated card or withdraw funds via electronic funds transfer from your checking account, whichever situation applies. Anytime a charge or transfer is denied, you will be billed via U.S. MAIL and the additional $10 "bill by mail fee" will be applied. Your card issuer agreement governs your use of your designated card in connection with OHIORAMP, and you must refer to that agreement and not this document with respect to your rights and liabilities as a cardholder. You agree that OHIORAMP may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that OHIORAMP may delay obtaining authorization from your card issuer until submission of the accumulated charges. You acknowledge that if you want to see the components of accumulated charges you may do so by simply requesting such information from our business office. c. If OHIORAMP does not receive the full amount of your account balance within ten (10) days of the invoice date, your OHIORAMP account may be suspended or terminated, and any personal information or data stored on OHIORAMP equipment (Web Pages, etc.) will be unavailable for access via the Internet, and may be deleted/erased. If OHIORAMP does not receive the full amount of your account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable, your account will be terminated, any credits or bonuses will be cancelled including rewards for our "Sign on a friend" plan, and all data in personal storage areas on OHIORAMP equipment will be deleted/erased. You shall be liable for all attorney and collection fees arising from OHIORAMP’s efforts to collect any unpaid balance of your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of your OHIORAMP account. Unless you notify OHIORAMP of any discrepancies within ninety (90) days after they first appear on your account statement, you will deem them acceptable for all purposes, including resolution of inquiries made by your card issuer. You release OHIORAMP from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to OHIORAMP within ninety (90) days of its publication. d. OHIORAMP reserves the right, at any time, to change its fees, billing practices, service offerings, and / or include the addition of supplemental fees separate charges for activity, access, content, or service that is over and above your existing account priveledges. OHIORAMP also reserves the right to provide you with notice of charges by E-mail, U.S. Mail, or electronic posting (or debiting) to the account you provided to OHIORAMP. If any such change is unacceptable to you, you may terminate your subscription as provided below. Your continued use of OHIORAMP following the effective date shall constitute your acceptance of such change. Your subscription fees are payable in advance and are not refundable in whole or part. e. You are responsible for all charges associated with connecting to OHIORAMP. You agree that ANY charges incurred by you from any telephone company or telecommunications carrier are your responsibility. Your location may not be able to access OHIORAMP via a "local" call, and may be subject to long distance charges or other charges. You are solely responsible for checking with your local telephone company to determine whether any specific access number is a local call. Such charges may apply even if you are using "free" promotional, or "trial" hours or have selected a different access plan. You are responsible for all activities and charges under your account(s), including any unauthorized charges to your account. You acknowledge that if you want to see the detailed components of accumulated charges, you may do so by simply requesting such information at our business office.
4) RIGHTS AND RESPONSIBILITIES
a. CONTENT. You acknowledge that: i. OHIORAMP may contain information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content"); ii. Such Content is provided under license by other parties, Subscribers, OHIORAMP and its affiliates; and iii. At minimum, OHIORAMP owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You and any user of your account must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. OHIORAMP does not pre-screen Content as a matter of policy: however OHIORAMP or its affiliates, shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that neither OHIORAMP its affiliates, nor any provider of such content shall assume or have any liability for any action or inaction by OHIORAMP or its affiliates, with respect to Content on, or Content changes within, OHIORAMP. b. PROPRIETARY RIGHTS. You acknowledge the following: i. OHIORAMP permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); ii. These Rights are valid and protected in all media and technologies existing now or later developed; and iii. Except as explicitly provided otherwise, the TOS, applicable copyright and other laws govern your use of Content (see the Rules details). You agree that you may upload or transmit on or through OHIORAMP only Content that (1) is not subject to any Rights, or (2) any holder of Rights has given express authorization for distribution on OHIORAMP. You represent that if you upload any files, you have the legal authorization to do so. You agree that OHIORAMP may employ virus-checking technology to protect its system and its users from viruses. By submitting Content to any "public area" of OHIORAMP, you grant OHIORAMP and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on OHIORAMP retains any and all Rights that may exist in such Content. c. CONDUCT AND COMMUNICATION You acknowledge that OHIORAMP may contain material that may be inappropriate for minors. OHIORAMP offers a Parental Control tool that enables the account holder to allow access to certain OHIORAMP and Internet areas and features, but makes no warranties with respect to such tools. This is an additional service and requires a monthly fee. You also recognize that communication over OHIORAMP often occurs in real time or is posted on one of thousands of newsgroups or libraries. You acknowledge that OHIORAMP cannot, and does not intend to, screen communication in advance for accuracy or conformance to the TOS or any laws. However, OHIORAMP may elect, at its sole discretion, to monitor some, all, or none of OHIORAMP's public areas for adherence to the TOS. Accordingly, you acknowledge that neither OHIORAMP, its affiliates, nor any content provider shall assume or have any liability for any action or inaction by OHIORAMP, its affiliates, or any content provider with respect to Content on OHIORAMP. Any conduct by a Subscriber that in OHIORAMP's sole discretion restricts or inhibits any other user, person or entity from using or enjoying OHIORAMP or another service shall entitle OHIORAMP to immediately terminate your account without notice. You agree to use OHIORAMP only for lawful purposes. You may not use, or allow others to use, your OHIORAMP account, either directly or indirectly, to: 1. post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; 2. harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user or user of OHIORAMP or other person or entity; 3. post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by OHIORAMP to be offensive; 4. disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other users, individuals or entities, such as causing the screen to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect; 5. impersonate any person or entity, including, but not limited to, an OHIORAMP official, affiliate, content provider, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, or impersonate a minor, or impersonate an adult if a minor; 6. post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; 7. post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest User ID’s of other users, without permission; 8. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private financial information from any user; 9. violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law. Please see the Rules for additional examples of prohibited conduct. OHIORAMP reserves the right to protect its users and OHIORAMP from electronic attacks, offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail" or "Spam." You also agree and accept that as new products become available on or through OHIORAMP, your use of these products is subject to TOS. Furthermore, other such networks and Internet areas may subject you to their own usage policies.
d. You agree to allow OHIORAMP reasonable physical access to equipment and spaces necessary to provide the service, and to allow OHIORAMP to remotely monitor such equipment in the interest of maintaining service quality.
5) PRIVACY POLICY
a. Introduction i. General. Because protecting your privacy is very important to OHIORAMP we have established a privacy policy that safeguards your personal information, and are committed to protecting its confidentiality. We will limit the collection and use of personal information, or Individual Information (as defined below), to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information except in limited circumstances as specifically provided below. We participate in industry associations and community groups to support strong and effective privacy guidelines and practices in the interactive environment. ii. Types of Individual Information. Individual Information is any information, data or records that relate to your OHIORAMP account or use thereof and identifies you or your individual account. The three types of Individual Information are: (1) "identity and billing information," such as your name, street address, telephone number, billing information, and any User ID’s associated with your account; (2) "navigational and transactional information," such as information about connect times, and (3) "private communications," such as the contents of e-mail, or private chat room or other message communications. iii. The Internet. Please be aware that OHIORAMP is a private service that allows access to the Internet. OHIORAMP does not own, or control the content, services, or areas available on the Internet (with minor exceptions, such as the OHIORAMP web site), and providers of Internet sites or services have separate data and privacy practices independent of OHIORAMP. Internet areas may appear to be seamlessly incorporated into OHIORAMP, but generally you will be connected to another server on the Internet, outside of OHIORAMP. iv. Independent Content and Service Providers. Companies that are independent from OHIORAMP operate many of the online areas that you visit. Although OHIORAMP may seek to require these independent companies to adhere to our strong privacy principles, OHIORAMP does not bear responsibility for their policies or actions. Be aware that when you voluntarily disclose personal information (such as your screen name) in public areas (e.g., the Chat Rooms, message boards, and Internet newsgroups), others may collect and use your information. (When you visit Internet sites, your OHIORAMP screen name or other identity information generally is not identifiable.) Also, ordering products through OHIORAMP often requires you to provide an independent company with limited Individual Information to enable fulfillment of your order. b. SUBSCRIBER IDENTITY AND BILLING INFORMATION. i. Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of subscription, and payment information. We may also keep information on your communications with our Customer Service and general account history, such as accumulated usage or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to User account information. Employees, who violate OHIORAMP’s privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on OHIORAMP’s behalf. ii. Use. We use identity and billing information to administer our business, ensure that you are properly billed and offer you opportunities (e.g., e-mail) that may be of interest. iii. Disclosure. OHIORAMP does not make our account list available to outside companies. We do not release your telephone numbers, credit card numbers, or checking account numbers (or other Individual Information, such as navigational or transactional information or private communications content). Our policy is not to disclose identity information to third parties that would link your User ID(s) with a users actual name, unless required to do so by law or legal process served on OHIORAMP. OHIORAMP, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis. OHIORAMP intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected user(s) in advance of releasing it in order to provide you an opportunity to pursue any available legal protection c. NAVIGATIONAL AND TRANSACTIONAL INFORMATION. i. Collection. We may collect and store certain navigational and transactional information, such as data on the choices you make from the range of available services and the times and ways you use OHIORAMP and the Internet. ii. Use. OHIORAMP may use navigational and transactional information to personalize the service and for programming and editorial research. For example, we use this information to understand our user reactions to menu items, Content and services offered, and to customize OHIORAMP based on our user interests. iii. Disclosure. OHIORAMP will not disclose to third parties navigational or transactional information (e.g., where you go or what you do on or through OHIORAMP), except to comply with applicable law or valid legal process (e.g., search warrant or court order). d. PRIVATE COMMUNICATIONS i. Collection and Storage. The OHIORAMP computer system does not record or retain any chat room communications, private message communications, oral online communications or records of with whom you communicate in chat rooms or through private messages or oral online communications. To keep copies of any communications, you should store them on your personal computer hard drive or in print form. You agree that OHIORAMP may employ e-mail virus-checking technology to protect its system and its subscribers from viruses. ii. Use. OHIORAMP treats private communications on or through OHIORAMP as strictly confidential. OHIORAMP does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that private communications directed at a person or entity, including OHIORAMP itself, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality. iii. Disclosure. OHIORAMP does not access or disclose the contents of private communications (e.g., e-mail, private messages, user-created private rooms, oral online communications), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g., search warrant or court order); (2) to protect the rights or property of OHIORAMP; or (3) in emergencies when OHIORAMP believes that physical safety is at risk. OHIORAMP reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available. OHIORAMP reserves the right to access password protected web sites stored on its network for conformance to TOS.
6. INTERNATIONAL CONTENT AND THE INTERNET
a. INTERNET OHIORAMP offers users access to the Internet. The Internet is not owned, operated, or managed by OHIORAMP.COM, Inc. or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, international and foreign laws and regulations. Neither OHIORAMP, its affiliates, content providers, nor telecommunications providers for OHIORAMP, shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites. This paragraph's provisions shall apply with equal force even where OHIORAMP features or displays a link with any particular Web site. Accordingly, OHIORAMP and its affiliates specifically disclaim any responsibility or liability for any conduct, content, goods and services available on or through the Internet (including, without limitation, any part of the Web). OHIORAMP retains the right, but not the obligation, at its sole discretion and without prior notice or liability, to restrict and/or terminate a users access to the Internet via or to OHIORAMP if your use of the Internet, in OHIORAMP’s sole discretion, violates any applicable law or regulation, any prohibitions on your conduct in connection with the Internet, or otherwise inhibits any other user from enjoying the Internet or OHIORAMP. The foregoing does not limit the other rights available to OHIORAMP.COM under the Rules. Additionally, OHIORAMP retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to block or otherwise limit the distribution within OHIORAMP of mass e-mail solicitations or other Internet content.
7. WARRANTY
a. SUBSCRIBER EXPRESSLY AGREES THAT THE USE OF OHIORAMP AND THE INTERNET ARE AT SUBSCRIBERS SOLE RISK. OHIORAMP SERVICES AND CONTENT, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. OHIORAMP PROVIDES THE OHIORAMP SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. OHIORAMP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF OHIORAMP, SOFTWARE OR SERVICES PROVIDED BY OHIORAMP, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY SOFTWARE PROVIDED BY OHIORAMP FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OHIORAMP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. OHIORAMP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH OHIORAMP, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
b. OHIORAMP DOES NOT OFFER AND IS NOT OBLIGATED TO PROVIDE REFUNDS OF ANY KIND. OHIORAMP DOES NOT ALLOW PRO-RATA RATES OR REFUNDS, OR PAYMENT FOR PARTIAL MONTHS OF ANY SERVICE.
8. INDEMNIFICATION
Upon OHIORAMP's request, subscriber agrees to defend, indemnify and hold harmless OHIORAMP, its affiliated companies, its employees, contractors, officers, directors, telecommunications providers, and other related parties from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any Content on OHIORAMP or the Internet by or through Subscribers master or sub-accounts. OHIORAMP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber hereunder. In such event, Subscriber shall have no further obligation to provide indemnification for such matter.
9. TERMINATION
a. OHIORAMP products and services are considered to be a subscription service which continues until cancelled, subject to the terms and conditions stated in this TOS document.
OHIOPAMP may terminate your account at any time if the user violates any Term of Service or fails to pay ina timely manner.
The user/Client may elect to cancel for convenience, subject to the cancellation rules stated herein, except for term contract accounts, described in (d) and (e), below.
Electing to discontinue is your sole right and remedy with respect to any dissatisfaction with OHIORAMP, including, but not limited to, (1) any TOS term, policy or practice of OHIORAMP in operating the service, (2) Content available through OHIORAMP or change therein, or (3) any amount or type of fees, surcharges, billing methods, or change therein, and any such notice of election must be presented to OHIORAMP in writing with adequatre notice as outlined herein.
You can, at any time, advise OHIORAMP of your election to terminate your subscription by delivering written notice to OHIORAMP's business office via mail to 13500 Pearl Road Suite #139-300, Cleveland, OH 44136.
However, the actual date service termination will occur depends upon the type of service you have, how it is billed (monthly, quarterly, prepaid, etc.) and whether there is a contract in force.
Your termination will take effect either:
(1) immediately, on an "as soon as reasonably practical" within our normal operations schedule for dialup, and non-contract services,
(2) within 30 days of the date written notice of termination for convenience is received by OHIORAMP,
(3) at the end of the current month, if written notice was received by the 10th of that month,
(4) at the conclusion of your contract or on it's renewal date, if written notice of the customer's election of non renewal has been received 30 days prior to the renewal date.
b. OHIORAMP bills most services MONTHLY. There are no advertised daily rates, pro-rata rates, or partial month prices in our billing schedule, thus, any cancellation received in a month will be noted, but any cancelled service will be billed through the last day of the month in which it is cancelled.
Any use of service during any part of the month constitutes activity within that calendar month,
thus the entire month's fee is due and payable by the first of that month, and no partial payments or prorations are acceptable.
c. In the event that your account is terminated or canceled, by you or by OHIORAMP, no refund of any fees (annual or monthly) will be granted, nor will they be credited to you or any other subscriber, nor converted to any other form of reimbursement.
Subscribers whose account OHIORAMP has terminated may not access OHIORAMP without OHIORAMP’s prior express written permission.
Active OHIORAMP Subscribers may not allow former subscribers or others whose accounts have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with any OHIORAMP departments must be concluded before you may re-register with OHIORAMP. Subscribers using multiple accounts without prior express written permission from OHIORAMP shall have their accounts terminated.
d. Prepaid accounts are, by definition, prepaid, and cannot be refunded. OHIORAMP's discounted prepaid rates are offered to allow for long range planning of our core network architecture, and to allow the consumer the convenience of uninterrupted account access for a specific term.
Thus, prepaid agreements can be cancelled by the consumer for convenience (i.e. choosing a different ISP) but no refund of unused service will be issued.
Cancellation of a prepaid or term account for convenience results in the loss of all discounts, the forfeiture of any prepaid sum, and the assessment of an additional $50 cancellation fee, all of which become due and payable on the date the consumer provides notice of cancellation to OHIORAMP.
For those consumers wishing to avoid the possibility of such fees, a monthly payment option is available, but even the monthly rate does not allow pro-rata refunds (see 9b, above).
e. A 30 day written notice to OHIORAMP is required to cancel Contracted services (such as high speed access, allocated/assigned IP's, and colocation) regardless of their billing method. Fees will continue to accrue and be billable for 30 days after the written notice is received by OHIORAMP.
f. Upon the conclusion, termination, or cancellation of OHIORAMP service, the customer shall return any and all OHIORAMP provided equipment and IP addresses, in an orderly fashion, and allow OHIORAMP technicias access to remove any such items.
10. LAW
a. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. As noted above, subscriber conduct may be subject to other local, state, and national laws. b. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to OHIORAMP any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Be advised some laws currently prohibit the export of some software, and the responsibility for complying with such laws is slowly that of the user.
11. PRICING INFORMATION
Current rates for using OHIORAMP may be obtained by calling our office, or by viewing our website.
OHIORAMP reserves the right to change fees, surcharges, access limitations, monthly fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in the Terms of Service above.
12. DEFINITIONS AND REFERENCES
"TOS" = The Terms of Service and the Rules of Use, collectively "OHIORAMP" = OHIORAMP, Ohio Statewide Systems, OHIORAMP.COM Internet Service "we" = OHIORAMP "Subscriber" or "User" or "you" or "Your" = A registered subscriber or authorized user of OHIORAMP "Rules" = Rules of Use "Effective Date" = Thirty (30) days after the date of the last TOS change as posted in the Terms of Service area "Content" = Information, communications, software, photos, video, graphics, music, sounds and other material and services, collectively "Rights" = Copyrights, trademarks, and other intellectual and proprietary rights "Public Areas" = Areas on OHIORAMP that are freely open to all users, including, but not limited to, public chat rooms, online forums, message boards, and software libraries. "International Content" = Content originating from OHIORAMP and its affiliates, other subscribers and users of OHIORAMP, content providers, as well as other third parties which may originate from countries other than the United States "Individual Information" = Any information, data or records that relate to your OHIORAMP subscription or use of OHIORAMP and identifies you or your account.
As if that weren't enough, you may direct additional questions to us at info@ohioramp.com.
Please note that these terms and policies are subject to change. Current terms and policies are on file in our business office. If you have further questions, you should submit them in writing via U.S. Mail to the following address:
OHIORAMP.COM
Ohio Statewide Systems
13500 Pearl Road, Ste #139-300
Cleveland, Ohio 44136