TRX, Inc. Terms of Service
Effective March 22, 2000
We respect the Subscribers privacy at TRX, Inc. We exercise no control over the content of the information passing through TRX, Inc. As a Subscriber, you are fully responsible for the privacy of, content of and liability of your own communications. The persons and organizations, including TRX, Inc. Subscribers, who publish materials and information which are accessible through TRX, Inc. are solely responsible for the content of such materials and information and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. TRX, Inc. does not accept responsibility for the content of the materials and information published by others which are accessible through the TRX, Inc. networks and does not accept responsibility for the violation of any laws resulting from such publication.
With the exception of information specifically authored by or on behalf of TRX, Inc., TRX, Inc. does not develop or publish, nor does TRX, Inc. review, censor or edit the materials and information which are accessible through TRX, Inc., or the materials and information which are accessible through the other computer networks which may be connected to TRX, Inc. TRX, Inc. does not censor, limit or control the information that comes in and out of our system, except in accordance with the provisions of this agreement and applicable law.
We will rely on the complaints from any of the following:
We will take immediate action against any TRX, Inc. Subscriber who abuses any TRX, Inc. facilities, services or resources. TRX, Inc. will review all complaints or instances of inappropriate utilization of facilities, services or resources. TRX, Inc. will decide at its sole discretion what action is to be taken, including the termination of account services. If you have any complaints about other Subscriber's utilization of TRX, Inc.'s services or facilities please contact us at once.
TRX Terms Of Service are subject to the Terms Of Service of our upstream providers which include but are not limited to the following;
This agreement must be signed in the legal name of the Subscriber and (if you choose to have one) the legal name of the Authorized Representative. By using TRX, Inc. facilities, services or resources, Subscriber is indicating acceptance to the terms and conditions set forth in this document. All Subscribers must include the business mailing address. All Subscribers must be of legal age and may be required to provide proof of age. No users under the age of 18 are permitted. As a Subscriber, you may not resell this service or access to this service in any way unless prior arrangement has been made.
TRX, Inc. is not responsible for any long distance, toll, or other telecommunications charges you incur. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long distance, toll, or other charges.
As a Subscriber you may have an additional Authorized Representative who is vested with the same authorities as the Subscriber. For your protection, TRX, Inc. will never release information to other parties unless required to do so by the appropriate authorities. Prior to such disclosure, TRX, Inc. will make a reasonable effort to notify the Subscriber or the Authorized Representative.
Your account may be used by yourself, members of your immediate family or an Authorized Representative of your company. Use of your account by someone other than yourself, immediate family members or an Authorized Representative of your company may cause your service to be terminated. Concurrent logins of the same account are not permitted. Unattended use of your account (line camping) is strictly prohibited. Spamming is not allowed.
All Business Accounts are allowed to have Commercial Web Pages as a separate cost option. Commercial Web Pages are defined as web pages promoting or advertising a service, product or entity for sale or hire. TRX, Inc. reserves the right to refuse services based on Web Page content or resource utilization.
Subscriptions are for Personal Accounts only. Subscriptions cover base rates only. All hours over the base rate will be billed at the current full rate for your account type. Charges for hours over the base rate will be billed the month after service and are due upon receipt.
TRX, Inc. services are provided on an as available basis and TRX, Inc. makes no warranties of any kind, whether expressed or implied in connection with the products or services provided hereunder. TRX, Inc. Internet Services SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither TRX, Inc. nor TRX, Inc. officers, employees, directors, agents or staff shall be responsible for any liability or damages you suffer or others may suffer, which arise out of or relate in any way to this Agreement or your use or other's use of the services provided hereunder. This includes, but is not limited to, any liability for lost profits, loss of opportunity, loss of data, or any other loss including that which may result from any use, misuse, delay, non-deliveries, mis-deliveries, service interruptions, negligence, errors or omissions. Use of any information obtained via TRX, Inc.'s network is at your own risk. TRX, Inc. specifically denies any responsibility for the accuracy or quality of information obtained through our services.
System Use Policies:
It is the responsibility of all TRX, Inc. Subscribers and their constituents who have access to TRX, Inc. and to the networks of other providers, to comply with the TRX, Inc. Service Agreement & Acceptable Use Policy and the acceptable use policies governing those networks. It is the responsibility of all Subscribers and others who have access to TRX, Inc. to:
Use TRX, Inc. facilities, services or resources in a manner which does not violate any applicable laws or regulations;
Respect the privacy of other users, and to not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission;
Respect the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents. You may not upload to TRX, Inc. any data or software that is subject to distribution or copyright limits. You have the sole liability for any data or software uploaded to TRX, Inc;
Use TRX, Inc. facilities, services or resources in a manner which does not interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:
This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
All users are expected to use good judgment. A flexible, friendly atmosphere can be maintained if every Subscriber uses the service with care. As the Subscriber, you are responsible for actions taken by your account and are required to follow all applicable laws and statutes.
Account Suspension/Cancellation Terms and Conditions:
Unless under contractual obligation, TRX, Inc. Subscribers have the right to cancel their accounts at any time, for any reason. You must cancel five days before the end of your next billing period to not have your credit card charged for the following billing period.
TRX, Inc. reserves the right to suspend and/or cancel any TRX, Inc. account in accordance with the provisions of this Service Agreement & Acceptable Use Policy or for any reason not prohibited by law.
If your account is suspended or interrupted, you are not relieved of the obligation to pay the monthly account charges. Only a written notice to cancel this agreement relieves you of future charges. If you send us written notice via E-Mail, we will contact you or your authorized representative by phone to confirm your decision to cancel this agreement. If you cancel this agreement, payments for pre-paid months beyond the current month shall be refunded unless under contractual obligation.
All accounts will be billed quarterly or monthly for service in advance. All invoices are due and payable upon receipt unless prior arrangements have been made. Billing cycle is approximately 10 days. All returned checks will be subject to a $20.00 fee for each time they are rejected by Subscribers bank. Account access may be interrupted if a bad check is not paid in full with all applicable fees at our offices within 5 days of receipt from Subscribers bank. Subscriber agrees to make payment in full to TRX, Inc. for all amounts due according to TRX, Inc. invoice(s). Subscriber also agrees to pay TRX, Inc., as interest, an amount equal to 1.5% per month, or the maximum provided by law (whichever is less) for invoice amounts that are greater than 30 days past due. Should Subscriber default in any such payment(s), TRX, Inc. shall have the right, without notice to Subscriber, to declare all invoice amounts due and payable.
In the event TRX, Inc. should commence any action or actions, or otherwise seek to enforce this agreement against Subscriber, Subscriber agrees to pay reasonable attorney(s) fees, court costs and other expenses incurred by TRX, Inc., whether or not suit is filed. TRX, Inc. reserves the right to assess legal fees, including attorney and court fees, upon any Subscriber, who by their action or inaction directly or indirectly causes TRX, Inc. to be a defendant, co-defendant or to have to testify in any civil or criminal legal action or arbitration.
This agreement is strictly confidential and is not transferable or assignable without prior written consent of TRX, Inc. Subscriber agrees that any change in liability for any debts incurred to TRX, Inc. due to a change in Subscriber's form of business, shall not be effective as to TRX, Inc., until TRX, Inc. receives actual notice of the change by certified mail.
Enforcement and Violations:
Each TRX, Inc. Subscriber shall be responsible to distribute, publicize and enforce the TRX, Inc. Acceptable Use Policy at their sites. In addition, each TRX, Inc. Subscriber shall provide this policy to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by TRX, Inc.
Even though TRX, Inc. does not review, censor or edit the materials and information which are accessible on TRX, Inc. network or other networks which may be connected to the TRX, Inc. network, if TRX, Inc. becomes aware that a TRX, Inc. Subscriber is in violation of the law or this Service Agreement & Acceptable Use Policy, TRX, Inc. reserves the right to impose disciplinary action up to and including, the expulsion of the Subscriber from TRX, Inc., termination of TRX, Inc. services, and forfeiture of all fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.
Modifications to this Policy:
TRX, Inc. reserves the right to modify this policy at any time.
© 2002 TRX, Inc. All rights reserved.