The use of services from us (our company and any other parties assosiated with us) [hereafter referred to as "Service provider"] constitutes agreement to these terms. by signing up with us or using our services you are agreed with to the following terms of service
Service provider reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without prior notice.
Any abuse of our staff in any medium or format will result in
the suspension or termination of your services.
Customers may cancel at any time via a cancellation form which
can be found in the client billing interface.
The following methods of payments are non-refundable, and
refunds will be posted as credit to your Service provider account:
Bank Transfers
Checks
Money Orders
There are no refunds on Dedicated Servers, Virtual Private Servers (VPS), Dedicated IP(s) , Administrative fees, install fees for custom software, or premium support fees.
Customer’s sole remedy for Service provider's nonperformance will be a credit issued in the Service provider account.
Orders for servers that need more than 5 IP addresses (IPs) may
require IP justification as per ARIN/RIPE guidelines, there is no guarantee that approval
will be granted. If the IPs are not approved or cannot be
obtained, there will be no refund for the servers ordered and
only a credit on the account, not a cash refund, will be
provided for the unavailable IPs.
Violations of the Terms of Service will waive the refund policy.
Examples of Prohibited material/activity on all services provided by us includes but limited to:
Service provider services, including all related equipment, IPs, networks and network devices are provided only for authorized customer use. service provider systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized and lawful purposes.
Use of service provider system(s) constitutes consent to monitoring
for these purposes.
Any account found connecting to a third party network or system
without authorization from the third party is subject to
suspension. Access to networks or systems outside of your direct
control must be with express written consent from the third
party. service provider may, at its discretion, request and require
documentation to prove access to a third party network or system
is authorized.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email.
We reserve the right to refuse service to anyone. Any prohibited activity that is mentioned in this agreement or any other activity that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (and the service might be discontinued as result of terms violation with no refund provided), with or without prior notice.
By signing up for any of our services you confirm that you’ve read and are agreeing to these terms and conditions. If in doubt regarding the acceptability of your site or service,
please contact us at [email protected] and we will be happy to
assist you.
Potential harm to minors is strictly forbidden, including but
not limited to child pornography or content perceived to be
child pornography (Lolita):
Any client found to host child pornography or linking to child
pornography will be terminated immediately with or without notice.
Resellers: we will suspend the site in question and will notify
you so you may terminate the account. We will further monitor
your activity; more than one infraction of this type may result
in the immediate termination of your account.
Direct customers: Your services will be terminated with or
without prior notice.
Violations might be reported to the appropriate law enforcement
agency.
Important
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
5.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and purchased
lists will be treated as spam. Any user who sends out spam will
have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers and might not use any of our services. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted or used for spamming will be immediately suspended and/or terminated with no refund provided.
Service provider reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Service provider reserves the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee or any
charges incurred for blacklist removal. This cost of the clean
up fee is entirely at the discretion of Service provider.
Mailing Lists Rules
1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.
IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.
2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.
3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
5. Any mailling list MUST comply with all guidelines set forth by the law enforcements.
6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
Resellers are responsible for supporting their clients. Service provider does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Service provider will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. all terms of services applies to the resellers as well.
Customer agrees that it shall defend, indemnify, save and hold the Service Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Service Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Service Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Service Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Service Provider's server. Terms of Service are subject to change with 10 days prior notification. These Terms of Service are a legally binding contract between the CUSTOMER and SERVICE PROVIDER. By opening an account, or by the use of any service provider service, the customer agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by service provider. administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. Any violation of these Terms of Service shall result in termination of the account with no refund. Service provider maintains the right to terminate accounts without prior notification. In the case that a customer is terminated for violating one or more of the service provider Terms of Service, service provider reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Service provider may at its own discretion allow access to a terminated account. If service provider agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of 50.00 or more to cover the cost of hard drives, cloning, processing and shipping.
EXCEPT AS DESCRIBED IN THE THIS SLA, SERVICE PROVIDER SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. SERVICE PROVIDER. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF SERVICE PROVIDER AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON FULL MONTH OF SERVICE. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, SERVICE PROVIDER PROVIDES ALL PRODUCTS AND SERVICES "AS IS", WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND SERVICE PROVIDER HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
As a rule, Service Provider will notify any subscriber whose information may be requested by law enforcement agencies but Service Provider reserves the right, in an appropriate circumstance as determined in the sole discretion of Service Provider, to provide any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Service provider reserves the right to revise its policies at any time without notice, provided that existing customers shall be given 10 days’ notice of any change in policy.
