Terms of Service
The use of services from RangeHosting.us a subsidiary of Queen City Coffee [hereafter referred to as "RangeHosting"] constitutes agreement to these terms.
You may view our Privacy Policy here.
1.)
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) incase 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. Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government issued identification
and possibly a scan of the credit card used for the purchase. If you fail to
meet these requirements, the order may be considered fraudulent in nature and be
denied.
Transfers
Our transfers team will make every effort to help you move your site to us,
however, we can not make guarantees of the transfer process. We provide this as
a courtesy service and can not make guarantees regarding its availability or the
amount of time it may take as each host is configured a little differently. We
will try our best, however, in some cases we may be unable to assist you in a
transfer of data from an old host.
2.)
Content
All services provided by RangeHosting may only be used for lawful purposes. The
laws of the State of Minnesota and the United States of
America apply.
The customer agrees to indemnify and hold harmless RangeHosting 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. If you believe that your copyright or trademark is being infringed upon, please email abuse@rangehosting.us with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples
of unacceptable material on all servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
filedump, or banner-ad services (similar to rapidshare, photobucket, or
commercial banner ad rotation), topsites, commercial audio streaming (more than
one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related
sites, Investment sites (FOREX, egold exchange), sale of any controlled
substance without prior proof of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or
sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts. Forums that distribute or link to warez content is
prohibited.
We reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene or threatening is prohibited and will be removed from our
servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues must be
dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact
us at abuse@RangeHosting.us and we will be happy to assist you.
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.
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 username 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. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
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 opt-in" will be treated as spam.
Any user who sends out spam will have their account terminated with or without
notice.
Please read
this
for our generalized mail policy.
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.
RangeHosting 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.
RangeHosting reserves 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 entirely at the discretion of RangeHosting.
4.)
Payment Information
You agree to supply appropriate payment for the services received from
RangeHosting, in advance of the time period during which such services are
provided. You agree that until and unless you notify RangeHosting of your desire
to cancel any or all services received, those services will be billed on a
recurring basis.
Cancellations must be done in writing via email to
cancellation@rangehosting.us. Once we receive your cancellation request and
have confirmed all necessary information with you via e-mail, we will inform you
that your account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail confirming this
cancellation, please contact us immediately.
As a client of RangeHosting, it is your responsibility to ensure that your
payment information is up to date, and that all invoices are paid on time.
RangeHosting provides a 10 day grace period from the time the invoice is due and
when it must be paid. Any invoice that is overdue for 10 days and not paid will
result in a $10 late fee and/or an account suspension until account balance has
been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions
can only be added as credit towards the account and cannot be refunded via
Paypal. If you require assistance with this provision, please contact
sales@rangehosting.us
RangeHosting reserves 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. RangeHosting 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 RangeHosting servers.
6.)
Cancellations and Refunds
RangeHosting reserves the right to cancel 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.
Customers
may cancel at any time via email to
cancellation@rangehosting.us. RangeHosting's services carry a 30 day
unconditional money back guarantee on them. If you are not completely satisfied
with our services within the first 30 days of your service, you will be given a
full refund of the contract amount. After the initial 30 days we offer our"Any-Time
Money Back Guarantee" on hosting. There are no refunds on any add-ons, domain name
purchases, SSL Certificate purchases, administrative fees, install fees for custom
software, less any term discounts, less any free service term, additional over-usage,
and/or free domain registration(s) - (costs of free domain registrations are
calculated at the regular price of the domain registrations and deducted from refund
amount). After the initial 30 days the client may request a full refund of any
remaining WHOLE un-used month(s) pre-paid fees.
This "Any-Time Money Back Guarantee" can be requested at anytime that you are
not satisfied with or just wish to end your RangeHosting.us service(s). A request
for this guarantee must be submitted via email to
cancellation@rangehosting.us. If requesting a refund, we ask that subscriber
briefly explain the reason(s) for cancellation, as well as, any suggestions on
how RangeHosting.us could improve our services.
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.
Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of the ToS.
7a.)
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("http://yourdomain.com/include.php") use include("include.php")
7b.)
INODES
The use of more than 50,000 inodes on any 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
on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension however
accounts that constantly create and delete large numbers of files on a regular
basis or causing file system damage may cause your account to be flagged for
review.
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.
9a.)
Money back Guarantee
Each of RangeHosting's services carry a 30 day unconditional money
back guarantee on them. If you are not completely satisfied with our services
within the first 30 days of your service, you will be given a full refund of the
contract amount. After the initial 30 days we offer our "Any-Time Money Back
Guarantee" on hosting. There are no refunds on any add-ons, domain name
purchases, SSL Certificate purchases administrative fees, install fees for
custom software, less any term discounts, less any free service term, additional
over-usage, and/or free domain registration(s) - (costs of free domain
registrations are calculated at the regular price of the domain registrations
and deducted from refund amount). After the initial 30 days the client may request
a full refund of any remaining WHOLE un-used month(s) pre-paid fees.
9b.)
Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9%
uptime you may receive one month of credit on your account. Approval of the
credit is at the discretion of RangeHosting dependant upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server is defined as the
reported uptime from the operating system of the server which may differ from
the uptime reported by individual services. To request a credit, please contact
sales@rangehosting.us with justification. All requests must be made in writing
via email.
10.)
Shared Accounts
Shared accounts may not resell web hosting to other people.
11.)
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 RangeHosting.us, and the right to
increase the amount of resources given to plans at any time.
12a.)
Indemnification
Customer agrees that it shall defend, indemnify, save and hold RangeHosting
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against RangeHosting, 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 RangeHosting against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed in
connection with RangeHosting; (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
RangeHosting's server.
12b.)
Arbitration
By using any RangeHosting services, you agree to binding arbitration. If any
disputes or claims arise against RangeHosting or its subsidiaries, such disputes
will be handled by an arbitrator of RangeHosting's choice. All decisions
rendered by that arbitrator will be binding and final. You are also responsible
for any and all costs related to such arbitration.
13.)
Disclaimer
RangeHosting shall not be responsible for any damages your business may suffer.
RangeHosting makes no warranties of any kind, expressed or implied for services
we provide. RangeHosting 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
RangeHosting and its employees.
14.)
Disclosure to law enforcement
RangeHosting 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.
15.) Changes to the TOS
RangeHosting reserves the right to revise its policies at any time without
notice.
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