Terms of Use

The internet is a community of users. Like all healthy communities, rules provide an environment for life, liberty, and the pursuit of happiness. Consequently, Ayalogic has developed it's own rules which govern both how Ayalogic relates to you as a customer, and how you interact with the larger internet. We have attempted to minimize the legalese, and apologize for any inconvenience. But, they allow us to provide you with the best service, support and performance. Please read the following agreements prior to the initiation of your service and review this site from time-to-time for updates.

Terms and Conditions:
Your agreement and acceptance of these Terms and Conditions or use of Ayalogic Inc construes acceptance of these Terms and Conditions and Acceptable Use Policy which supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order. Ayalogic Inc reserves the right to modify these Terms and Conditions and Acceptable Use Policy and change pricing and/or services at any time without notice.

No Warranties:
With respect to the services provided, unless outlined below, Ayalogic Inc makes no warranties of any kind, whether expressed or implied, including any implied warrantee or merchantability or fitness of this service for a particular purpose. Ayalogic Inc takes no responsibility for any damages suffered by Customer, including, but not limited to, loss of data from delays, non deliveries, mis-deliveries, or service interruptions caused by Ayalogic Inc.'s own negligence or Customer's errors and/or omissions.
It is a customer's responsibility to maintain their web pages. Ayalogic Inc is not responsible for loss of data in regards to web pages. The owner of the web page must keep a valid copy of all web space material.

From time to time, Ayalogic may withdraw or modify product specifications with or without notice. We make no warranty or representation that the replacement product, if any, will be compatible with the customers existing software or equipment. Examples may include but are not limited to dial-up acceleration, network quality of service, phone support, technical support, web hosting tool sets, operating system support, or any other product feature. In such cases, Customer's sole and exclusive remedy is to request a refund for the unused term of service. The amount and existence of any refund shall be determined by Ayalogic in its sole and absolute discretion.

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LIMITED 30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY; LIMITATIONS ON AYALOGIC'S OBLIGATIONS AND LIABILITIES

A. Ayalogic offers a 30-day money-back guarantee on its dial-up internet access product. If the Customer is not completely satisfied with the product and cancels his/her account within the first 30 days and has used the account less than a total of five hours, he/she is entitled to receive a full refund of any amount paid to Ayalogic, less any set-up or installation fees.

B. To receive the refund the customer must notify Ayalogic, via electronic mail, at guarantee@Ayalogic.com of their service cancellation. This electronic mail must be received by Ayalogic within 30 days of the account's creation. Ayalogic will then confirm that the customer used the account less than five hours, and if so, refund the amount to the customer.

C. After the initial 30-day period or more than five hours of use, services provided by Ayalogic to the Customer shall be deemed accepted for all purposes. No claim related to such accepted services may be raised at a later date.

D. Ayalogic's liability to Customer hereunder is limited to the amount paid to and received by Ayalogic. Ayalogic will use its best efforts to maintain performance, but Ayalogic MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Ayalogic CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER Ayalogic NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on Ayalogic's part, even if Ayalogic has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.

E. Customer will take all necessary measures to preclude Ayalogic from being made a party to any lawsuit or claim regarding Ayalogic services provided to Customer. Customer hereby agrees to indemnify and hold harmless Ayalogic from any and all such lawsuits or claims.

F. Refunds will only be applied to customers that have adhered to all of the term and conditions outlined in Ayalogic's terms and conditions and acceptable use policies outlined in the subscriber agreement.

G. Ayalogic reserves the right to modify, amend or cancel this guarantee at any time and may deny refund for cause at its sole and absolute discretion.

Limited 99% Network Availability Guarantee; DISCLAIMERS OF WARRANTY;
LIMITATIONS ON Ayalogic'S OBLIGATIONS AND LIABILITIES

A Ayalogic offers a 99% Network Availability Guarantee on each of its dedicated Internet access products. If the Customer's service is interrupted or does not meet the performance standards of the product description for greater than 1% of the billing period, the Network Availability Guarantee is applicable. Please note that any outages or deficiencies that are the result of the customer's actions do not constitute an outage in terms of this guarantee. As part of its network management and monitoring, Ayalogic will attempt to calculate any credits on a real-time basis. Should the customer feel that Ayalogic has missed a credit, they can then apply by sending an e-mail to guarantee@Ayalogic.com. Ayalogic must receive all claims within 45 days of the close of the billing period in question.

B. Should a credit be applicable, Ayalogic determines the sum of the outages (rounded up to the nearest whole hour) related to server interruption. This figure is divided by 720 (Ayalogic's total hours per billing cycle), to derive the percent of the billing cycle that the service was impaired. The percentage is then applied to the total monthly service charge to calculate the account credit amount. The total credit is then applied to the customer's account for the next billing period.

C. Ayalogic's liability to Customer hereunder is limited to the amount paid to and received by Ayalogic. Ayalogic will use its best efforts to maintain performance, but Ayalogic MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Ayalogic CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER Ayalogic NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on Ayalogic's part, even if Ayalogic has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.

D. Customer will take all necessary measures to preclude Ayalogic from being made a party to any lawsuit or claim regarding Ayalogic services provided to Customer. Customer hereby agrees to indemnify and hold harmless Ayalogic from any and all such lawsuits or claims.

E. Refunds will only be applied to customers that have adhered to all of the term and conditions outlined in Ayalogic's terms and conditions and acceptable use policies outlined in the subscriber agreement.

F.Sending and receiving e-mail relies on servers, networks, SPAM mitigation techniques, and SPAM filters. Ayalogic does not warranty and does not represent that the Customer will be successful sending or receiving e-mail from a particular account. The Customer should not rely on our e-mail system for delivery of important communications; we recommend that the user confirming the communication with their counterpart. For any and all reasons, Ayalogic retains no liability for these events.

G. Ayalogic does not warranty the loss of e-mail on our system. System crashes may cause the loss of e-mail during transit or in storage. System crashes or reconfiguration may also cause the reset of mail classification which affects folder classification or state of mail downloads. The Customer should not rely on our e-mail system of the storage of important communications; we recommend that the user download the messages to their local system using a supported protocol such at POP3. For any and all reasons, Ayalogic retains no liability for these events.

H. Ayalogic reserves the right to modify, amend or cancel this guarantee at any time and may deny refund for cause at its sole and absolute discretion.

USE OF SERVICE & RESTRICTIONS: This service may only be used in accordance with Ayalogic's Acceptable Use Policy. You may not resell any account or service provided to you by Ayalogic Inc. »TOP

PRICING: Ayalogic Inc reserves the right to change its pricing at any time. If the customer is on a prepaid account, the customer has the right to accept or deny the new rates. Should the customer deny the new rates, Ayalogic Inc shall provide the customer a prorated refund at current rates of any unused time. »TOP

PAYMENT POLICIES: Automated credit card or check debit processing will be automatically renewed on your Account expiration date, unless account is cancelled 72 hours in advance of the expiration date. If cancellation request has not been confirmed prior to 72 hours, Ayalogic Inc is not responsible for auto processing charges, and customer agrees to accept responsibility with bank or Credit Card Company. It is your responsibility to request corrections to any processing fees that occur after receiving your credit card/bank statement. No charges will be reviewed after 60 days from the day of challenge. Delinquent accounts will be placed on "hold" and may not be used until the account is brought up to date. Once account is placed on "hold" Ayalogic Inc cannot guarantee a user's mail file will be unaffected. There is a $10.00 service charge for each returned check.

ANNUAL DIALUP: Should you cancel your dialup Internet access account prior to the anniversary of your service start date, your refund will be prorated at the standard monthly rate. Prepayment of an annual amount for ANNUAL DIAL-UP is not an obligation of you to use service for a full year or for us to provide service for a full year. Either party may terminate service at any time for any reason. In such case, the usage time will be rounded-up to complete the current month of service, and a pro-rated amount will be refunded. In the case of termination by the customer, the pro-rated amount will be calculated by applying the standard monthly rate for service for the period when you were a customer such that any pre-payment discount will be lost to the customer. The amount will be further offset by any monies owed to Ayalogic by the customer.

ANNUAL WEB HOSTING: Should you cancel your web hosting account prior to the anniversary of your service start date, your refund will be prorated at the standard monthly rate. In addition, if you took advantage of a free domain registration, the cost of the domain will be subtracted from any refund you are entitled. If no refund is due, you will be charged for the domain. Prepayment of an annual amount for ANNUAL WEB HOSTING is not an obligation of you to use service for a full year or for us to provide service for a full year. Either party may terminate service at any time for any reason. In such case, the usage time will be rounded-up to complete the current month of service, and a pro-rated amount will be refunded. In the case of termination by the customer, the pro-rated amount will be calculated by applying the standard monthly rate for service for the period when you were a customer such that any pre-payment discount will be lost to the customer. If a free domain name was given to the customer, the then standard rate for a domain name will also be deducted from the customer refund. The amount will be further offset by any monies owed to Ayalogic by the customer.

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NON RENEWALS: Non renewed accounts that are unpaid after 14 days will be deleted. Deleted/terminated accounts may be reinstated upon payment of any outstanding charges. There will be a $10 reactivation fee to reinstate a terminated account. Interruption of accounts does not relieve you from past due charges. After termination of account Ayalogic Inc does not guarantee reservation of previous login. Ayalogic Inc is not responsible for loss of data in regards to web pages. All cancellation requests must be sent to Ayalogic by certified mail, or you must receive written confirmation from Ayalogic confirming cancellation to be effective.»TOP

HAZARDS OF THE INTERNET: You understand that the Internet provides access to adult and sexually explicit material, which may not be suitable for minors and may be offensive to some users. In some cases, computer viruses and other unwanted effects may result from accessing the Internet. Assume that communications on the Internet are not private. Ayalogic does not manage the activities of its users. You are responsible to monitor and censor the activity on your account. »TOP