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TERMS OF SERVICE
 
 
     
Terms of Service Agreement

1.) Account Setup

For Starter Web Hosting Packages your account will be set up immediately after we have received payment. If you pay for web hosting via PayPal or Credit Card your account will be set up immediately by our software on completion of payment. If you choose to mail in payment your web hosting account will be set up when we receive and process payment. You will be notified by email when your account has been set up. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. For Business and Corporate Accounts please allow 24 hours for account setup. You will be notified by email when account is set up. If you are registering a new domain name, you will be given a temporary way to upload files until your new domain name has propagated which usually takes 24-48 hours.

2.) Content

All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unaccepContenttable material:

IRC Bots

Warez Sites

Pirated Software

Hate sites

Hack programs and archives

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of RockNspace.com Hosting. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify RockNspace.com Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

PayPal - We accept PayPal for one-time and subscription payments. We also accept VISA, MasterCard, Discover, Amex and Bill Me Later through the services of PayPal. You do not have to set up a PayPal account to pay. If you want to set up a new Domain Name (Registration, Renewal, Transfer) or a Web Hosting account automatically and immediately you must pay for services using PayPal or VISA, MC, Discover, Amex through PayPal.

2CheckOut - We use 2CheckOut in addition to PayPal for one-time and subscription payments. You can choose 2CheckOut for PayPal payments as well. 2CheckOut accepts VISA, MasterCard, Discover, Amex and PayPal. You do not have to set up a PayPal account to pay. If you want to set up a new Domain Name (Registration, Renewal, Transfer) or a Web Hosting account automatically and immediately you must pay for services using one of our accepted forms of immediate payment, either 2CheckOut or PayPal..

Mail in Payment - When paying by check for New Domain (Registration, Renewal, Transfer) or Web Hosting services they will not be set up until the your check clears our bank which is usually 5-7 Business Days. To speed up the order process please send a Money Order or Certified Check. Your order will be processed the day we receive a Money Order or Certified Check.

Account Suspension/Late Payments - Payments for recurring fees such as monthly hosting fees or yearly Domain Renewals etc., are expected to arrive in our office before the 1st of each month. After the 5th of each month a $5.00 Late Fee will be charged to your account.

if payment is not received by the 12th of each month service will be suspended until payment is received. If your service is suspended you can log into your Client Area and pay using PayPal or VISA,MC,Amex or E-Check through PayPal and services will be restored immediately and automatically.

We reserve the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. We are not responsible for files and 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 our servers.

6.) Cancellation and Refunds

We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give  you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7.) Resource Usage

Users may not initiate the following:

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 any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

8.) 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.

9.) Money back Guarantee

On dedicated servers, and colocation no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

10.) Price Change

We reserve the right to change prices listed on our site, and the right to increase/decrease the amount of resources given to plans at any time. RockNspace.com reserves the right to alter prices for hosting plans with a 60 day notice to our clients.

11.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 RockNspace.com Hosting's server.

12.) Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We 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 us and our employees.

13.) Changes to this TOS Agreement

We reserve the right to revise its policies at any time without notice.

14.) Applicable Laws

This agreement is bound by the laws of the state of Kentucky and the United States.

15.) CopyRight Infringement Notification

As per the Digital Millennium Copyright Act, RockNspace.com's Designation of Agent to Receive Notification of Copyright Claims of Infringement should be directed to April Willis. For further information please visit the US Copyright Office web site.

 

 

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