Acceptable User Policy Last Modified – 20/08/2009
All users of RouterHosting` services, and all customers upon signing up for RouterHosting` services, agree to comply with RouterHosting` Terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using RouterHosting` services with due regard to the rights of other Internet users and in conformity with the requirements of RouterHosting` network environment. The TOS are not exhaustive and RouterHosting reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.RouterHosting.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to [email protected] The TOS supersedes any other agreement with RouterHosting, whether written, oral, by conduct, or otherwise.
A. RouterHosting Dedicated Server Customer Restrictions
The following Terms of Service apply only to RouterHosting` Dedicated Server customers, and supplement the terms in sections C and D that apply to all RouterHosting customers:
Customer Security Responsibilities: The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
IRC: RouterHosting allows Dedicated Server customers the use of IRC inside the RouterHosting network as long as the use of IRC on a RouterHosting server does not violate any of the other terms of these TOS. As a policy, RouterHosting will not provide vanity IRC reverse DNS records. To enforce this policy RouterHosting does not turn the reverse address of IPs over to the customer. Authority over this information remains with RouterHosting.
Billing for Network Resources: The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
B. All RouterHosting Customer Terms of Service
The following Terms of Service apply to ALL RouterHosting customers:
RouterHosting` services include, but are not limited to:
1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that RouterHosting provides to customers);
2. any use by customers, or any access provided to customers by RouterHosting, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by RouterHosting to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by RouterHosting to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the RouterHosting` web site, including the web site itself;
6. any other service mentioned in the TOS;
7. any other service provided by RouterHosting to customers, whether used or not;
8. any other RouterHosting services that are used by customers, whether offered or provided by RouterHosting to customers.
Ownership of Web Site: The legal owner of customers’ web sites and accounts with RouterHosting will be the individual or organization whose name is listed in RouterHosting` database as the owner. Customers will fully cooperate with and abide by any and all of RouterHosting` security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with RouterHosting.
Illegal Use: RouterHosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing RouterHosting services, all RouterHosting customers certify that they and/or the organization they represent in procuring services from RouterHosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to RouterHosting` customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a RouterHosting server, and selling or distributing software (on a web site residing on a RouterHosting server) that facilitates spamming. Violators will be assessed a minimum fine of US$500 and will face immediate suspension. RouterHosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse: Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities: Use of RouterHosting` services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use RouterHosting` services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations: The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All RouterHosting customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a RouterHosting customer (per the DMCA) to RouterHosting must follow the below procedures. Copyright infringement notifications submitted to RouterHosting according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at RouterHosting` sole discretion.
Child Pornography: The use of RouterHosting` services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. RouterHosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Customer Responsibility: Customers are required to use the RouterHosting network responsibly. This includes respecting the other customers of RouterHosting. RouterHosting reserves the right to suspend and/or cancel service with any customer who uses the RouterHosting network in such a way that adversely affects other RouterHosting customers. While RouterHosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, RouterHosting does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when RouterHosting becomes aware of any violation of the TOS or other user agreements, RouterHosting may take any action to stop or correct such violation, including, but not limited to, denying access to RouterHosting` services and equipment or to the Internet. In addition, RouterHosting may take action against a customer or a customer of such customer because of the activities of such customer. RouterHosting anticipates that customers who offer Internet services will cooperate with RouterHosting in any corrective or preventive action that RouterHosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of RouterHosting policy and RouterHosting reserves the right to take any such action even though such action may affect other customers of the RouterHosting customer.
Actions Taken by RouterHosting: The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. RouterHosting will be the sole arbiter as to what constitutes a violation of the TOS. RouterHosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When RouterHosting becomes aware of an alleged violation of its TOS, RouterHosting will initiate an investigation. During the investigation, RouterHosting may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, RouterHosting may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, RouterHosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. RouterHosting does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by RouterHosting.
Indemnification: RouterHosting customers agree to protect, defend, hold harmless, and indemnify RouterHosting, any third party entity related to RouterHosting (including, without limitation, third party vendors), and RouterHosting` executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as RouterHosting, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of RouterHosting` services.
Disclaimer: The RouterHosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. RouterHosting expressly disclaims any representation or warranty that the RouterHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by RouterHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. RouterHosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency: If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, RouterHosting may immediately terminate provision of RouterHosting` services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against RouterHosting in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ROUTERHOSTING (INCLUDING, WITHOUT LIMITATION, ROUTERHOSTING` EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS ROUTERHOSTING, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ROUTERHOSTING` SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ROUTERHOSTING SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ROUTERHOSTING SERVICES EVEN IF ROUTERHOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROUTERHOSTING` TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR ROUTERHOSTING` SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ROUTERHOSTING OR ROUTERHOSTING` REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications: RouterHosting may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with RouterHosting` services. Certain changes to RouterHosting` services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and RouterHosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by RouterHosting.
Backup of Data: Except where RouterHosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and RouterHosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with RouterHosting services.
Third Party Licenses: RouterHosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, RouterHosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, RouterHosting specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold RouterHosting liable in any way for the revocation of any license, which has been licensed to RouterHosting. The use of the Technologies obtained from or through RouterHosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-RouterHosting Products: Any mention of non-RouterHosting products by RouterHosting, its employees, or any third party entity related to RouterHosting is for information purposes only and does not constitute an endorsement or recommendation by RouterHosting. RouterHosting disclaims any and all liabilities for any representation or warranty made by the vendors of such non-RouterHosting products or services.
RouterHosting` Intellectual Property: Customers will not, without RouterHosting` express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on RouterHosting` web site, and customers will not use any of RouterHosting` trademarks, service marks, copyrighted materials, or other intellectual property without RouterHosting` express written consent. Customers will not, in any way, misrepresent their relationship with RouterHosting, attempt to pass themselves off as RouterHosting, or claim that customers are RouterHosting.
Assignment: Customers may not assign or delegate their rights or obligations under the TOS or other agreement for RouterHosting` services, either in whole or in part, without the prior written consent of RouterHosting.
Minimum Age Requirement: RouterHosting customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a RouterHosting customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for RouterHosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains RouterHosting` express written consent to the contrary. Any acceptance of the TOS or any other agreement for RouterHosting` services will be deemed null and void to the extent that RouterHosting will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of RouterHosting` services.
Governing Law and Severability: The TOS, and any other agreement for RouterHosting services, will be governed by and construed in accordance with the laws of the State of Oregon , USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and RouterHosting will take place in Oregon , and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other RouterHosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Delay in Performance: RouterHosting will not be liable for delays in its performance of the TOS or RouterHosting services caused by circumstances beyond RouterHosting` reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). RouterHosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment any waiver, modification, or amendment of any provision of the TOS or other agreement for RouterHosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of RouterHosting.
Independent Contractors: Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between RouterHosting and its customers. Each of RouterHosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
C. All RouterHosting Customer Billing Policy
The following Terms of Service constitute RouterHosting` Billing Policy and apply to ALL RouterHosting customers:
Payments: All charges are shown in US Dollars. Payments are to be made in US dollars. RouterHosting accept Paypal.
Accounts that are three (1) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
RouterHosting offers four Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months), Semi (6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
Account Renewals: In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Statements: RouterHosting does not mail paper invoices or statements. Statements can be viewed and printed through RouterHosting` Member Area. Customers may elect to receive their monthly account billing statement via email. This option may be selected in Member’s Area.
There is One OS reloading per server per month for FREE. Any more reloading requests will be charge $25 per reload.
Cancellations: In order to cancel service, you must use the “Cancel Account” form at your account in http://support.routerhosting.com. Please be aware that there are no refunds after the 4 Days before the end of your Billing Cycle.
Cancellation requests must be received by RouterHosting a minimum of five (7) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of five (7) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by RouterHosting. RouterHosting is unable to cancel your account effective for a future date. RouterHosting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact RouterHosting as soon as possible.
RouterHosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to RouterHosting` services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. RouterHosting Networks reserves the right to cancel any account, at any time, without notice, for any reason RouterHosting Networks considers appropriate.
Refund Policy: There is no refund policy regarding to our Dedicated Servers and Services.
Billing/Price Changes: RouterHosting` policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.