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As a customer you agree to comply with the following Terms Of Service when signing up for service.
Unacceptable Use
Rose Web Services
L.L.C.'s 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 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. Examples of
unacceptable content or links include: pirated software or
media, hacking programs or archives, Warez sites,
copyrighted MP3, any IRC related software, Game Servers,
public Proxy Servers, etc...
Unacceptable Content
Due to the special
system and network requirements of adult-oriented sites,
pornography and sex-related merchandising are prohibited. This includes
sites that may infer sexual content or provide links to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be
damaging to our servers or any other server on the
Internet, or provide links to such sites. Other unacceptable
content includes but is not limited to: sites promoting or discussing
any domestic or international extremist political issues
(terrorist, nazi, neo-nazi, anarchy, etc...), sites
operating mainly as downloading gateways for illegal
software or media, IRC related sites, sites promoting or
offering warez, pirating, hacking or spamming software, media or
other resources, sites containing disturbing, defamatory or
offending pictures or other media, and any other site
and/or content deemed to be unacceptable by Rose Web
Services L.L.C. Any other web sites that link to ones with
unacceptable content will also be treated as
unacceptable.
Security
Violations of system
or network security are prohibited and may result in criminal
and civil liability. Examples include but are not limited to the
following: unauthorized access, use, probing, or scanning
of systems' security or authentication measures, data, or
traffic; interference with service of any user, host, or
network including, without limitation, sniffing, mail
bombing, flooding, deliberate attempts to overload a system,
broadcast attacks; forging of any TCP-IP packet header or any part
of the header information of an email or a newsgroup
posting.
IP Ownership
If we assign a Customer an
Internet Protocol address for Customer's use, the right to
use that Internet Protocol address shall belong only to
us, and Customer shall have no right to use that Internet
Protocol address except as permitted by us at our sole discretion
in connection with the Services, during the term of this
Agreement. We shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be
assigned to Customer by us, and we reserve the right to
change or remove any and all such Internet Protocol numbers
and addresses, in our sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's allocation policies.
Server Resources
Any web site that
uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, I/O bus usage and network
resources) will be given the option to either pay additional fees
(which will depend on the resources required), reduce the
resources used to an acceptable level, or upgrade its
service to a higher Virtual Server plan or a Dedicated
Server plan.
If you are planning
to run high-volume (1000's of emails per day) mailing
lists or similar, you have to let us know in advance and make special
arrangements because the regular shared and virtual server
hosting accounts are not suitable for such activities.
Any web hosting
account deemed to be adversely affecting server performance
or network integrity will be shut down with prior notice.
CGI Scripts
CGI script sharing
with domains not hosted by Rose Web Services L.L.C. is not
permitted. Any CGI-scripts deemed to be adversely affecting
server performance or network integrity will be removed without
notice. Additionally, we urge you to use PHP instead of
Perl wherever possible, to reduce resource utilization.
IRC
Rose Web Services
L.L.C. does not allow IRC servers, IRC bots and/or any IRC
related software to be operated on our servers.
UCE (Unsolicited Commercial Email) - SPAM
Spamming, the sending
of unsolicited mass email from or through a Rose Web Services
L.L.C. owned server or using an email address that is maintained on
a Rose Web Services L.L.C. server is STRICTLY prohibited
and will qualify your account for immediate cancellation
without refund. Customers are also in violation of this
provision if they engage in spamming using the service of
another ISP or IPP, but channel activities through a Rose
Web Services L.L.C. server as a mail drop for responses. Violators
will be assessed a minimum fine of $.50 per email sent and a
$500 per incident and will face immediate account
termination.
Service Interruptions
Rose Web Services
L.L.C. shall not be liable for failure or delay in performing
its obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including,
without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or
other labor disturbance, interruption of or delay in
transportation, unavailability of, interruption or delay in
telecommunications or third party services, failure of
third party software or inability to obtain supplies, or
power used in or equipment needed for provision of the
services. The customer understands and agrees that occasional
temporary interruptions of any Internet Services may occur as normal
events in the provision of the Internet Services. Rose
Web Services L.L.C. agrees to exercise reasonable care to
prevent such occurrences; however, under no circumstances
will Rose Web Services L.L.C. be held liable for any
financial or other damages due to such interruptions. In
no event shall Rose Web Services L.L.C. be liable to the customer
or any other person for any special, incidental, consequential
or punitive damages of any kind, including, without
limitation, refunds of fees, loss of profits, loss of
income or cost of replacement services.
Rose Web Services
L.L.C. provides hardware and network support as well as
full technical support for our fully-managed customers, 24 hours
per day, seven days per week. The support for
self-managed customers is also available 24 hours per day,
seven days per week, but is limited to: OS reinstalls,
control panel reinstalls, reboots, adding/deleting IPs,
firewall configuration and maintenance, kernel upgrades,
modifying hostname/domainname for your server, and DNS configuration
and maintenance if you use our DNS servers.
Contact & Billing Information
You must provide us with, and keep
current, good contact information for you. E-mail and
telephone contacts are required, fax and cell phone
contact information is encouraged.
Billing and Fees
The initial payment is prorated.
Subsequent payments are due on the 1st day of every month.
Service will be temporarily interrupted on accounts that
are 10 days past due. Service interrupted for nonpayment
is subject to a $100.00 reconnect charge for dedicated clients and
$10 reconnect charge for shared and virtual server clients.
Service will be permanently terminated on accounts that
are 20 days past due. Any account in violation of any of
our terms or conditions will be automatically deactivated
with prior notice.
Backup
Rose Web Services
L.L.C. utilizes servers of highest quality. All servers
are equipped with RAID 1 or RAID 5 redundant disk systems to ensure
that files are never lost due to a hard drive failure. We are
backing up all servers for our own disaster recovery
purposes about once weekly. You need to make sure that you
do not accidentally delete any critical files you need.
An additional backup service might be available upon
request for an additional low fee. Also, you are advised to always
backup all of your important files to your local drive. The
customer agrees that Rose Web Services L.L.C. will NOT be
responsible for lost data, time, income or any other
resource due to missing data.
Copyright Violations
The Digital
Millennium Copyright Act ("DMCA") sets the requirements
for valid copyright infringement notification. If you would like to
notify Rose Web Services L.L.C. of an infringement of your
copyright, the DMCA requires that you:
- Send your notification to Rose Web
Services L.L.C.'s designated agent. You may choose any
of the following three paths for this notification:
a. Email to abuse@rosehosting.com
b. Fax to Rose Web Services L.L.C., Attention: Abuse at (888) 767-3467 ext. 5
c. Mail or courier to Rose Web Services L.L.C., Attention: Abuse, 2977 Hwy K STE 252, O'Fallon, MO 63368
- In your notification please include the following information
a. A physical
signature of the copyright owner or a person
authorized to act on the copyright owner's behalf (the "Claimant")
b. Identification of the copyrighted work(s) claimed to have been infringed
c. Identification of
the material claimed to infringe the copyright(s), and
enough information for Rose Web Services L.L.C. to
locate it
d. The Claimant's name, address, and telephone number(s)
e. A statement that
the Claimant has a good faith belief that use of the
disputed material is not authorized by the copyright
owner or his agent
f. A statement, under
penalty of perjury, that the information in the
notification of copyright infringement is accurate and
that the Claimant is authorized to act on behalf of the copyright
owner.
Any account cancellation
by the client must be requested by fax or email to
billing@rosehosting.com at least 14 days before the end of
the current month. Please include the last four digits of the credit
card number we have on file for your account with your
cancellation request, for verification and authentication
purposes. All accounts are renewed automatically on the
first day of each month for a one month term unless the
client requests that their account be terminated.
Refusal of Service
We reserve the right
to refuse, cancel, or suspend service at our sole
discretion. All accounts terminated due to a violation of our Terms
Of Service are subject to a processing fee equal to one (1)
month's hosting fee for that account. Rose Web Services
L.L.C. does not issue credits for outages incurred through
service disablement resulting from Terms Of Service
violations.
Rose Web Services
L.L.C. will be the sole arbiter as to what constitutes a
violation of the Terms Of Service. Rose Web Services L.L.C. reserves
the right to remove any account with prior notice. Rose Web
Services L.L.C. also reserves the right to refuse to
service any person or organization for any reason.
When Rose Web Services L.L.C.
becomes aware of an alleged violation of its Terms Of
Service, Rose Web Services L.L.C. will initiate an
investigation. During the investigation, Rose Web Services L.L.C.
may restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the
severity of the violation, Rose Web Services L.L.C. 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, Rose Web
Services L.L.C. will notify the appropriate law enforcement
authorities.
LIMITATION OF LIABILITY
In no event shall
Rose Web Services L.L.C. be liable for any loss of data,
loss of profits, cost of cover, or any other special, incidental,
consequential, indirect or punitive damages, however caused and
regardless of theory of liability. This limitation will
apply even if Rose Web Services L.L.C. has been advised
of, or is aware of, the possibility of such damages. Rose
Web Services L.L.C. expressly disclaims any representation
or warranty that the Rose Web Services L.L.C. service
will be error-free, secure or uninterrupted. No oral advice or written
information given by Rose Web Services L.L.C., its
employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice. Rose
Web Services L.L.C. 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.
DISCLAIMER OF WARRANTIES
Rose Web Services
L.L.C. specifically disclaims all implied warranties,
including but not limited to, the implied warranties of merchantability
and fitness for a particular purpose. Except as otherwise
provided in this document, any written materials by Rose
Web Services L.L.C., or information on Rose Web Services
L.L.C.’s web site, shall be for informational purposes
only, and shall not create any express or implied
warranties, guaranty of performance, or contractual obligations.
MODIFICATION
Rose Web Services
L.L.C. reserves the right to add, delete, or modify any
provision of its Terms Of Service at any time without notice.
Last revision: October 19, 2006
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