RSHosting : Terms and Conditions of Service

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1 [email protected] RSHosting : Terms and Conditions of Service RSHosting.com reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. RSHosting.com strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other RSHosting.com customers and us against such harm. Payment Policies, Fees, Refunds and Terms of Agreement Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (monthly, quarterly or annually) following the date the account was established. Billing will continue until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended. If cancellation is done by RSHosting.com due to restrictions violation, there will be no refund. RSHosting.com will only allow for the discount if cancellation is not the fault of the client, as determined by RSHosting.com. Additional features can be added at any time. Monthly feature prices are not prorated. RSHosting.com reserves the right to change prices at any time. RSHosting.com offers 30 days money back guarantee. The 30 day money back guarantee is available only for shared and reseller web hosting packages. There will be no refund or any money back guarantee for domain registrations, domain transfers, vps packages, dedicated server packages or SSL certificates. Account Cancellation : You may cancel at anytime. To cancel your account, please contact Customer Service at [email protected]. Notification of cancellation must be received at least seven business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the clients responsibility to secure confirmation from RSHosting.com that your account has been cancelled. If the client has not yet received confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

2 Indemnification Policy You agree to use all RSHosting.com services and facilities at your own risk. RSHosting.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall RSHosting.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold RSHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney s fees asserted against RSHosting.com, 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, it s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RSHosting.com against liabilities arising out of: 1. any injury to person or property caused by any products sold or otherwise distributed in connection with a RSHosting.com server; 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 customer from a RSHosting.com server. RSHosting.com shall be the sole arbitrator of what violates this Policy. SPAM Policy : RSHosting.com is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial , from being sent either: Over the RSHosting.com network, by customers or any other users of the RSHosting.com network (including customers customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the RSHosting.com server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an RSHosting.com address or web site URL is prohibited. The use of RSHosting.com servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $500 per incident. If you have any complaints or comments regarding Spam on our network, please direct them via to [email protected] Dedicated Server Clients and the Terms of Service applicable to them : RSHosting reserves the right to reset the password on a dedicated server if the password on the file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid address and current root password on file to prevent forced downtime or forced password resets for their dedicated servers. RSHosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.

3 Dedicated servers are not backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase additional hard drive and perform backups to that additional drive, as a simple solution. Money back guarantee of refund policy for dedicated servers : There is no money back or any refund policy for any dedicated servers or virtual private servers ordered from RSHosting. The 30 day money back guarantee published and promoted on the website applied only for shared hosting and reseller hosting customers. There is no refund policy or money back guarantee for any dedicated servers purchased from RSHosting. Content Policy All services provided by RSHosting.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless RSHosting.com from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all RSHosting.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere. RSHosting.com will be the sole arbiter in determining violations of this provision. Sites that promote any illegal activity or present content that may be damaging to RSHosting.com servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites Illegal MP3 s IRC Child Pornography RSHosting.com is in the business of providing primary web hosting services both to resellers and for virtual accounts. We do not allow the use of our services to promote the use of other primary web hosting companies who are our direct competitors. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. You may be required to pay a re-activation fee of $25. RSHosting.com will be the sole arbiter as to what constitutes a violation of this provision.

4 Policy RSHosting.com may not be the source, intermediary, or destination address involved in the transmission of any unsolicited , bombs, hate , or any mass . Your account may not be referenced as originator, intermediary, or reply-to address of such . We consider mass any message sent to more than 100 addresses or more than 10 news groups. CGI Scripts Policy Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other RSHosting.com customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed. Due to continued spamming of Matts formmail script, this is banned from all RSHosting.com servers. 3rd Party scripts and software policy RSHosting.com does not support any 3rd party scripts or softwares including their installations and working. Any user who wants to use any 3rd party script can use them at their own risk and responsibility. RSHosting.com will not be responsible in anyway for the support issues related to the 3rd party script configurations and working. Chat Policy RSHosting.com does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: and Resource Usage User may not: a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include( ) use include( include.php ) INODES The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, , etc) on your account uses up 1 inode.

5 Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cpanel and choose Mail, then Default Address, Set Default Address, and then type in: :fail: No such user here Traffic Policy RSHosting.com allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. RSHosting.com customers are discouraged from storing any files that cause excessive traffic on RSHosting.com servers. Please contact RSHosting.com Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to RSHosting.com or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.50 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel. Backups Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their web content any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of RSHosting.com, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, RSHosting.com will attempt to recover the data from the most recent archive for a $50.00 fee. SIGNED FOR AND BEHALF OF THE CUSTOMER Signed for and behalf of the customer: Customer Company Name Customer Name Position Date (Authorised Signatory)