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Terms and Conditions
We request all prospect customers to go through Terms and Conditions and Fair Usage Policy carefully. Violation of policy can lead to suspension of account with an advance notice to act with in a span of 24 hours.
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud.
It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
Content
All services provided by RayServe may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless RayServe from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled.
Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
· Topsites
· IRC Scripts/Bots
· Proxy Scripts/Anonymizers
· Pirated Software/Warez/Torrent
· Image Hosting Scripts (similar to Photobucket or Tinypic)
· AutoSurf/PTC/PTS/PPC sites
· IP Scanners
· Bruteforce Programs/Scripts/Applications
· Mail Bombers/Spam Scripts
· Any Email scripts
· Banner-Ad services (commercial banner ad rotation)
· File Dump/Mirror Scripts (similar to rapidshare)
· Commercial Audio/video Streaming (more than one or two streams)
· Escrow/Bank Debentures
· High-Yield Interest Programs (HYIP) or Related Sites
· Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
· Sale of any controlled substance without prior proof of appropriate permit(s)
· Prime Banks Programs
· Lottery Sites
· Adult or child Pornography
· MUDs/RPGs/PBBGs
· Hateful/Racist/Harassment oriented sites
· Hacker focused sites/archives/programs
· Sites promoting illegal activities
· Forums and/or websites that distribute or link to warez/torrent/pirated/illegal content.
· Bank Debentures/Bank Debenture Trading Programs
· Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
· Mailer Pro
Podcast/Youtube/Video streaming or any type sites that exceed normal shared hosting diskspace and bandwidth
RayServe services, including all related equipment, networks and network devices are provided only for authorized customer use.
RayServe 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 purposes.
Use of RayServe 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 expressed written consent from the third party. RayServe may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice and NO full or partial refund will be issued at anytime.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 24 hours.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Host your personal, small and medium size websites.
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 notice.
Violations will be reported to the appropriate law enforcement agency.
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.
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. 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 will be immediately suspended and/or terminated.
RayServe 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.
RayServe 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 RayServe.
Payment Information
You agree to supply appropriate payment for the services received from RayServe, in advance of the time period during which such services are provided. You agree that until and unless you notify RayServe of your desire to cancel any or all services received, those services will be billed on a recurring basis.
RayServe reserves the right to change the payment amount and any other charges at anytime.
Backups and Data Loss
Your use of this service is at your sole risk. RayServe is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Webregisters servers. RayServe is the reseller.
Cancellations
RayServe reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
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. You may link to legal torrents off-site, but may not host or store them on our shared servers.
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.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
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.
Backup Limit
Any shared account using more than 5 gig of disk space will be removed from our site during weekly backup.
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month. Please contact us with information regarding excessive bandwidth plans.
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. RayServe 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’. RayServe will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
Support
We have reduced the expenses done on support to provide you quality web hosting at low prices. We provide support through emails. We don't support for making websites. From the emails we receive, we ignore amateur questions and only legitimate problems, account related problems and network issues are corrected within 24 - 48 hours. Depending upon the question it might take a bit longer, but we try hard not to keep you waiting longer. Beginners can search answers related to web hosting on google or forums. (like webhostingtalk.com, webhostingthreads.com, devshed.com, webhostingforum.com)
Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on RayServe, and the right to increase the amount of resources given to plans at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold RayServe harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against RayServe, 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 RayServe against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RayServe; (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 WebRegisters’s server. RayServe is the reseller.
Disclaimer
RayServe shall not be responsible for any damages your business may suffer. RayServe makes no contract or commitment of any kind about the service. RayServe makes no warranties of any kind, expressed or implied for services we provide. RayServe disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by RayServe and its employees.
Disclosure to law enforcement
RayServe may disclose 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.
Changes to the TOS
RayServe reserves the right to revise its policies and services at any time without notice.
AGREEMENT
TERMS AND CONDITIONS OF SERVICE BETWEEN You AND By having Your website hosted by RayServe, You agree to the above Terms and Conditions of Service. RECITALS This is a legal agreement between You and Us. Before placing Your website on Servers operated by , You must read the Agreement and accept its terms and conditions. If You do not wish to be bound by the terms and conditions of the Agreement,
You MUST NOT place a website, or any part of a website, on Servers operated by . Definitions “account” means all aspects of the Service provided to you under this Agreement. “Agreement” means these Terms and Conditions of Service. “Claim” means any action, claim, demand, cost, loss, damage, (whether special, indirect, consequential, general or any other damage), expense or other liability (including for death and injury, and the costs of defending or settling any Claim) whether arising in contract, negligence or any other tortuous action. Lifetime means as long as the company lives. “Client” means any person to whom provides the Service. “domain parking” means one or more domain names pointing to Your website, or any part of it.
“Force Majeure” means circumstances beyond the control of a party which includes (but is not limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, materials, breakdown of equipment and labor disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bans, strikes and lockouts and whether between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer), acts of war (declared or undeclared) or terrorism. “”, “we”, “our” and “us” means Five Star Web Hosting Services. “person” includes an individual, a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described. “Servers” means all Servers owned or operated by , and which You may access or use, pursuant to the Agreement or otherwise, as a result of providing the Service. “Service” means the hosting of Your website and related services on Servers operated by , including access to Your website by You or any other person. “website” includes all aspects of the Service (website, mail facilities, FTP access etc). “You” and “Your” means the person who agrees with to have a website hosted on Servers operated by.
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