Advance Payment Discounts
Internet Services can be cancelled at any time by the customer. The unused portion of any advance payment will not be refunded. A credit card on file is required for all residential accounts. Having a credit card on file authorizes us to process any and all deliquent charges accumulated on the account.
Cancellation of Onsite Services
Any Onsite service cancelled with less then 24 hours notice will be subject to 1 hour service charge.
Claims of Copyright Infringement
The Designated Agent to Receive Notification of Claimed Infringement is:
Denise Hamilton
Rapid Systems Inc.
1211 North Westshore Blvd. Suite 711
Tampa, Florida 33607
Telephone: (813) 232-4887
e-mail: denise@rapidsys.com
Consequences of Violation
Violation of the Terms of Service by a Rapid Systems customer may result in temporary suspension or permanent termination of service, at Rapid Systems’ sole discretion. Rapid Systems does not issue service credits for any outages incurred through service disablement resulting from Terms of Service violations.
Cooperation with Other Providers
Using Rapid Systems’ facilities to engage in activities that violate the Terms of Service of any other network access provider is prohibited. For example, sending unsolicited commercial e-mail through Rapid Systems’ facilities to the subscribers of any Internet or online service provider that disallows unsolicited commercial e-mail is prohibited.
Copyright, Privacy, and Intellectual Property
Using a Rapid Systems connection to commit, aid or abet any violation of copyright or intellectual property law is prohibited. Pursuant to this Policy, Rapid Systems has terminated, and will continue to terminate, in appropriate circumstances, subscribers and account holders who are repeat infringers. This prohibition includes publishing a private e-mail message to third parties, by any means, without the express prior consent of the author. The e-mail addresses of Rapid Systems subscribers are not for sale or commercial distribution to third parties without the express prior consent of the subscriber.
E-Check ot Check Payments
When a transaction such as a check or recurring payment is presented for payment and returned unpaid because available balance in your deposit account is less than the amouunt of the transaction. Also called “returned check” or “bounced check.” A Returned Item (NSF) $25.00 fee will apply
Domain Name Service Policy
Forward and reverse DNS pointing is offered with business packages only. Residential clients must upgrade to a business class package in order to establish these services.
E-mail and Usenet News
Using any Rapid Systems account or server to send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail (for example, by maintaining a spamvertised Web site), is prohibited. Rapid Systems reserves the right in its sole discretion to determine whether duplicative or mass e-mail messages are “unsolicited.” A complaint from the recipient is presumptive evidence that the message was unsolicited. Rapid Systems has no obligation to refer complaints to the sender or to identify complaining parties. Also, Rapid Systems reserves the right to remove email stored on the mailserver in cases where the mailbox size is without prior notification.
Conduct that directly or indirectly encourages, permits, or relies on spamming is included in this prohibition. Examples include failure to implement technical or administrative measures to prevent mass unsolicited e-mail, or providing spam “support services” such as e-mail drop boxes or sales of spamware. Similarly, using any Rapid Systems account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited. Rapid Systems reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases Rapid Systems will defer to the judgment of the newsgroup or mailing list moderator or administrator. Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.
Forgery of Identity
Falsifying addressing information or otherwise modifying headers to conceal the sender’s or recipient’s identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
Equipment on Loan
Any equipment associated with service is the property of Rapid Systems. In the event that service is cancelled the customer must return any inside equipment within 7 days of canceling service or pay the associated fees plus tax. Return equipment shipping is the responsibility of the client whether the equipment is for exchange or return.
Goals
Rapid Systems’ goals are to protect network resources, preserve the privacy and security of Rapid Systems and our customers’ networks, and maximize the utility of Rapid Systems and the Internet, while recognizing Rapid Systems’ position in the Internet community as a whole.
Harassment or Illegal Activity
Conduct in connection with e-mail, Usenet news, or any other Rapid Systems service that is an obvious nuisance (such as “mail bombing” or falsifying authorship) or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, distribution or possession of child pornography, or software piracy) is prohibited.
Interpretation
The provisions of this policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. Rapid Systems reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. Rapid Systems expressly prohibits the posting or transfer on the Service of sexually explicit images, material inappropriate for minors, or other material which is offensive, indecent or obscene, threatening, abusive, libelous or would encourage a criminal or civil offense. Users may not attempt to circumvent user authentication or security of any host, network, or account on the Rapid Systems or the Internet at large. (Such practices are also known as “cracking” or “hacking” are prohibited.)
Rapid Systems does not control the content of newsgroups which are available to Users or of any posting to any newsgroup. All postings to newsgroups must comply with the Net Abuse Policy. All Users use such services at their own risk and are responsible for complying with these guidelines and applicable laws, rules and regulations. Rapid Systems reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
IRC (Internet Relay Chat)
Using programs that interfere with others’ use, or running an IRC robot, on any IRC server is prohibited. When logged into any IRC server, users are expected to comply with the rules and policies established by the server’s administrator.
Moderations of Residential Broadband Service
As an Internet Service Provider, Rapid Systems’ base business for residential service is determined partially by the amount of bandwidth customers utilize. Rapid Systems balances the cost and utilization while continuing to provide great service to all customers. Customers are not charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. However, if you utilize any of your Rapid Systems services in a manner which consumes excessive bandwidth or affects Rapid Systems’ network equipment, overall network performance or other users’ services, Rapid Systems may require that you cease, alter these activities or upgrade your service type to business class. This includes compromised computers and leaving P2P software unattended for long periods of time.
You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection take proper precautions to ensure the security of their machine. Rapid Systems vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Rapid Systems’ Abuse Department and appropriate action will be taken.
Modification
Rapid Systems reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Month to Month Agreements
Termination of any accounts without 30-day notice in writing will result in any advanced payment monies being forfeited. All service disconnections MUST be terminated in writing either email and or fax. Internet Service Accounts provided on Frame Relay or Digital Subscriber Lines can result in to 2 week termination time. Internet Service Accounts provided on rs|air will take two days termination time.
Open Mail Relays
Maintaining an open mail relay invites senders of mass unsolicited commercial e-mail to exploit the server by using it for spamming. Failure or refusal to take appropriate steps to close an open mail relay on Rapid Systems’s network is grounds for temporary suspension or permanent termination of service.
Payment Discrepancies
All clients have 90 days to dispute any billing that you feel is inaccurate. Rapid Systems will not be responsible for refunding or crediting any claims over 90 days past the billing date. The client has the responsibility of reviewing bills and credit card statments for accuracy.
Rapid Systems reserves the right to to issue refunds or credits at our sole discretion. If we issue a refund or credit we are under no obligation to issue the same credit or refund in the future.
Quotes
Any changes to a service or services that are different from your original signed quote will require an updated signed quote. These quotes must be signed by an authorized person. From time to time we will make revisions to our services and the policies relating to the Service. We will provide notice of such revisions by posting revisions to this Website. By signing your quote you agree to visit the website periodically to review any such revisions. We will provide you with at least thirty (30) days notice prior to the effective date of any increases to the monthly price of the Service and/or any telco taxes as they are applied to us. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
Rapid Systems 1or 2 Year Service Agreements
DSL – Cancellation of DSL Services by you before the initial term of the agreement ends will result in a $60.00 charge and the modem, cables and equipment must be returned or an additional $99.00 will be charged. An early cancellation fee of $60 will be charged if you cancel prior to installation. If you need to cancel your Rapid Systems DSL Service, please obtain a RMA to send your modem, cables and microfilters back to us as well as a written request to Rapid Systems Customer Service at fax (813) 236-0014 or email: sales@rapidsys.com. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following: (1) Written request (2) Your dsl phone number (3) Current phone number (4) Reason for canceling service. Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received. Upon cancellation, email service will be terminated and all files stored on Rapid Systems servers will be deleted. Rapid Systems may terminate this Agreement, your password, your account, or your use of the Services for any reason, if Rapid Systems, in its sole discretion, believes you have violated the Terms of Service or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service.
rs|air – Cancellation of rs|air Services by you before the initial term of the agreement ends will result in a scalar early termination fee. This early termination fee is determined by the cost differential between the non-agreement service charge and the reduced 1 year agreement service charge for the provisioned service package over 12 months. If you need to cancel your Rapid Systems rs|air service, please send a written request to Rapid Systems Customer Service at fax number (813) 441-8515 or by email to sales@rapidsys.com. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following: (1) Written request (2) Reason for canceling service. Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received. Upon cancellation, email service will be terminated and all files stored on Rapid Systems servers will be deleted. Rapid Systems may terminate this Agreement, your password, your account, or your use of the Services for any reason, if Rapid Systems, in its sole discretion, believes you have violated the Terms of Service or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service.
Rapid Systems Colocation/Infrastructure Tradeout Terms of Service
In instances where Rapid Systems provides service to a colocation/infrastructure entity at a discounted rate it is understood that Rapid Systems invests a substantial amount of time and equipment for the infrastructure. Cancellation of rs|air services by an entity before the initial term of the arrangement ends will result in a scalar early termination fee. This early termination fee is determined by the cost differential between the non-agreement service charge and the reduced agreement service charge for the provisioned service packages. The early termination fees will also include but not be limited to: all costs associated with the infrastructure investment as well as any actual and projected revenue for any other rs|air customers receiving services through the colocation arrangement. If you need to cancel your Rapid Systems rs|air service, please send a written request to Rapid Systems Customer Service at fax number (813) 441-8515 or by email to sales@rapidsys.com. We require 60 day notice for service cancellation of colocation/infrastructure. To process your cancellation request, we require that you provide the following: (1) Written request (2) Reason for canceling service. Cancellation will be effective at the end of the billing period 60 days after the notice of cancellation is received.
Reporting Violations
Please send reports of any activity in violation of this Policy to: abuse@rapidsys.com. Include the full text of any offending message, with all headers containing timestamps and IP addresses, and (for unsolicited commercial e-mail) please place the subject line of the spam in the subject line of your e-mail.
Resale of Internet Service / Public Access Gateways
Using a Rapid Systems connection to provide or resell public access for resale or free is prohibited on residential accounts. Rapid Systems connections are intended for the sole use of a single family residence for “Residential” Accounts.
Security Breaches / Denial of Service
Any “denial of service” attack, any attempt to breach authentication or security measures, any release of a virus or worm, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice. Rapid Systems is committed to implementing measures to ensure that its infrastructure, as well as that of its customers, cannot be exploited as platforms for denial of service attacks.
SLAs – Service Level Agreements
Residential Clients with Wireless Internet Service through Rapid Systems have a 48 hour SLA.
Business Clients with Wireless Internet Service through Rapid Systems have a 24 hour SLA.
Customers can upgrade to 4 hour SLA.
Speeds
If the Internet Service you have purchased is provided within a range of speeds (referred to herein as the synchronization rate or synch rate), the synch rate is measured between the network interface device at your home and the equipment in the telecommunication carriers network that provides the Digital Subscriber Line functionality. The Internet Service will be provided, if at all, at least at the lowest synch rate speed within the range. If the Internet Service cannot be provided at the lowest synch rate in the range, either you or RAPID SYSTEMS may disconnect the Internet Service without a termination charge to you. You will not receive a refund or rebate for the period during which you received the Internet Service.
If the Internet Service you have purchased has an ‘up to’ speed range (i.e. synch rate up to 384 Kbps, or up to 1.5 Mpbs or is labeled as Best Effort), there is no minimum synch rate guarantee. There is no guarantee or warranty that the Internet Service will perform at the upper end of the synch rate range, nor is there a guarantee or warranty that actual throughput from the Internet to your computer (throughput speed.) will be at or above the low end of the speed range. Throughput speeds associated with some or all features of the Service (e.g., Usenet, email) may be limited, at RAPID SYSTEMS’ sole discretion, and such limitations will have no effect on whether the minimum speed is met.
