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Terms of Service / Acceptable Use Policy

Terms of Service (“Terms”)

I. Introduction
II. Compliance with the Law
III. Restricted Access
IV. Prohibited Uses of Services
V. Accounts
VI. Personal Information Submitted Through the Sites
VII. Site Transactions
VIII. Links To Other Web Sites
XI. Governing Law
X. Changes
XI. Violations
XII. Indemnification of Provider/Relationship of Parties
XIII. DISCLAIMER
XIV. Errors, Inaccuracies, and Omissions
XV. Exchange Rates
XVI. Cancellations and Refund Policy
XVII. Suspensions and Terminations
XVIII. Address

I. Introduction

This document (the “Agreement”, “Terms of Service”) sets forth the principles, guidelines and requirements of the Terms of Service of RGServers – RGSS, Inc, a California Corporation (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). Please read these Terms of Service carefully before using the https://www.rgservers.com website (the “Service”) operated by RGServers (“us”, “we”, “company”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

II. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

III. Restricted access

Access to certain areas of this website is restricted. RGServers reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. RGServers may change or modify this policy without notice.

If RGServers provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

RGServers may disable your user ID and password at RGServers’s sole discretion without notice or explanation

IV. Prohibited Uses of Services

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. Services provided by RGServers are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Customer’s Account.

V. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

It is the customer’s responsibility to maintain an active email address and notify the company of any changes to the account administrative contact. Customers needing to update their information must do so through their secure online account Control Panel. Failure to maintain accurate contact information and a working email address will prevent the Customer from receiving important account notices and information and, therefore, is a serious matter.

VI. Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

VII. Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized resellers or distributors.

The purchase price of all services remains the same for the life of the account. This applies to promotional pricing, increase in pricing and decreases in service fees. Additional fees such as the “Online Processing Charge” do not apply. Addon services and other non-service fees do not apply.

The Company keeps and stores all account details, services, domain registrations, addons and all other purchased services in the Company’s billing and client area system. If the account is closed, cancelled, terminated or is fraudulent, no details are removed. The Company stores and saves all details for in-house records, records keeping, tracking and for future reference related to billing questions, gateway questions, and PCI compliance.

VIII. Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by RGServers.

RGServers has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that RGServers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

IX. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

X. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect, however, it is the Customer’s responsibility to read this agreement frequently. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

XI. Violations

Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

XII. Indemnification of Provider/Relationship of Parties

You, the Customer agree to indemnify and us harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter, arising from or relating to Customer’s Website and/or Service provided hereunder.

Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, and/or service except as necessary to maintain the Website on the web server and/or Service on the dedicated machine.

XIII. Disclaimer

USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

THE COMPANY IS NOT RESPONSIBLE FOR CUSTOMER DATA. THIS INCLUDES, BUT NOT LIMITED TO… EMAIL, SQL DATABASES, HOSTING SPACE, SITE FILES, SITE CONTENT, AND ANY OTHER DATA STORED WITHIN THE COMPANY’S SERVERS AND SERVICES. IT IS ALWAYS THE CUSTOMERS RESPONSIBILITY TO MAINTAIN AN ACTIVE LOCAL BACKUP OF ALL DATA AT ALL TIMES.

We also are concerned with the privacy of online communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure. We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system. We are not responsible for the loss of customer content or data. We do backup our database systems daily and customer hosting spaces weekly, but cannot guarantee the content is up-to-date or can be recovered in the event of system or hardware failure. It is always the customer’s own responsibility to have a full backup of their data at all times. There are no backups performed on dedicated, virtual or email systems. We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing up for services and, therefore, agreeing to the Terms of Service, customers indemnify us for any violation of the customer of the Terms of Service, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Terms of Service, the customer will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including our customers and us, as responsible members of the Internet.

We reserve the right to revise or change these Terms of Service at any time.

This Agreement shall be governed in all respects under the laws of the State of California applicable to contracts made, accepted and performed wholly in California, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of California.

XIV. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

XV. Exchange Rates

Clients who don’t use the US Dollar (USD $) currency will have their currency exchange rate updated and recurring prices changed to match the current exchange rate at the time of the due date. Currency exchange rates are updated and re-calculated at the time the invoice becomes due. You can view the 3rd party exchange rate authority at XE Live Exchange Rates, these rates  are sometimes estimated with the ratio of USD to “foreign currency”. Exchange rates are updated and prices are re-calculated once, every day at 8:00AM US Eastern Time.

XVI. Cancellations and Refund Policy

The term “Fourteenth Day Guarantee Period” shall be defined as the period extending from the date a Customer signs up his or her account with the Company through the fourteenth (14) day following the initial sign up of the Customer’s account. Any payment disputes must be resolved through the Company, you will not receive a refund otherwise.

Customer must notify the Company of a cancellation request a minimum of seven (7) calendar days prior to the billing renewal date. If the Customer notifies the Company less than seven (7) calendar days before the billing renewal date, a refund will not be issued unless the Customer’s cancellation request is submitted during the Fourteenth Day Guarantee Period. Cancellation requests must be completed through the RGServers Billing System using the Customer’s Portal by submitting a “Cancellation Request”. Requests received through chat, ticket, email, or telephone and any other means other than by the “Cancellation Request” form will not be honored unless noted by an RGServers Representative.

Customer will not receive a refund for account suspension or termination for violation of policies.

By submitting a credit card or payment information on the order form, Customer agrees to authorize all one time and recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound by the terms of this Agreement.

Customer agrees that package or hosting plan resources can change or be changed at any time.

The Company keeps and stores all account details, services, domain registrations, add-ons and all other purchased services in the Company’s billing and client area system. If the account is closed, cancelled, terminated or is fraudulent, no details are removed. The Company stores and saves all details for in-house records, records keeping, tracking and for future reference related to billing questions, gateway questions, and PCI compliance.

Refunds are not issued for the full amount, instead, a partial refund will be given at a pro-rated amount. If subscribed through Paypal, the Customer will need to cancel their subscription through Paypal otherwise, we will still receive payments and we are not responsible for these actions and we will not provide a full or partial refund for these payments.

XVII. Suspensions and Terminations

Services that are ordered successfully and remain unpaid are suspended temporarily until payment is received.

Services that remain unpaid after 14 days (from the due date of the “past-due invoice”) will be terminated unless otherwise noted by the Company or if the customer has made other arrangements.

We may terminate or suspend access to your Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

XVIII. Address

RGServers.com
PO Box 1775
West Covina, CA 91793

The Terms of Service, together with RGSS, Inc.’s Privacy Policy constitute the entire agreement between you and RGServers in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

RGServers.com is registered in the State of California, USA as a DBA under Entity number C3815994. Its headquarters is located in West Covina, CA.

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Last updated: November 18th, 2016

 

ACCEPTABLE USE POLICY

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with RGServers. If you engage in any of the activities prohibited by this AUP document RGServers may suspend or terminate your account.

RGServers’s Acceptable Use Policy (the “Policy”) for RGServers Services is designed to help protect RGServers, RGServers’ customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by RGServers. RGServers reserves the right to modify the Policy at any time.

RGServers may, from time to time at its sole discretion, impose rules, regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and IP Addresses of RGServers. 

This AUP is not exhaustive.

Submit alleged violations to: abuse@rgservers.com
All reports are verified and must have the following:

  • Name, contact information, IP address and description of the alleged violation(s).

Disclosure to Law Enforcement:

Occasionally, we may be required by law to submit customer information to law enforcement agencies when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. RGServers handles all customer information with great care to ensure that its safe, private and will only release information described in the subpoena. If allowed, we will notify the customer of information being released.

Violations:

The following violations are considered a breach of our Terms of Service and AUP and will result in suspension or cancellation of services and any fees paid in advance of such suspension or cancellation are non-refundable:

Prohibited Uses of RGServers Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

2. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through RGServers’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on RGServers’s servers, is prohibited. RGServers accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

4. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

5. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).

6. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

7. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any RGServers customers or end-users by any means or device.

8. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the RGServers network or on another provider’s network.

9. Using RGServers’ Services to interfere with the use of the RGServers network by other customers or authorized users.

10. Using our services to effect the intentional distribution of software or computer code, files or programs that causes, or attempts to cause, damage, harassment or annoyance to persons, entities, data and/or computer systems. Furthermore, users cannot transmit or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret any or other intellectual property right(s) of any person or entity.

US Copyright Office
101 Independence Ave. S.E.
Washington, D.C. 20559-6000

Copyright Act, Title 17 of the United States Federal Law Code
Sections 101-1332

11. Using our services to transmit or store on a server any material that abuses, threatens or encourages bodily harm, destruction of property or any other type of harm or any material in violation of any duty under any law (including court order), contract or any fiduciary relationship.

12. Using our services in furtherance of or involving any fraudulent activity or fraudulent purpose, or to make any fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam including, but not limited to, pyramid schemes, chain letters or any other financial scam; using RGServers’s services to effect a misrepresentation or misleading statement, writing or activity.

13(a). Using our services to harm minors in any way or transmitting or storing on a server any child pornography as defined by the United States of America. It is Client’s obligation to maintain and enforce these provisions against all of Client’s Sub-users, to maintain its own abuse/postmaster email addresses for reporting abuses and to promptly and appropriately respond to all emails sent to these addresses. RGServers will comply with all orders and obligations of any court or government agency.

If found, we are REQUIRED by the United States Federal (in accordance with California’s CANRA law) and/or International Law to report the individual(s).

US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
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18 U.S.C. § 1466
18 U.S.C. § 2251
18 U.S.C. § 2252
18 U.S.C. § 2256
18 U.S.C. § 2258

Customer Responsibility for Customer’s Users

Each RGServers customer is responsible for the activities of its users and, by accepting service from RGServers, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an RGServers customer will be forwarded to the RGServers customer’s postmaster for action. If violations of the RGServers Acceptable Use Policy occur, RGServers reserves the right to terminate services with or take action to stop the offending customer from violating RGServers’s AUP as RGServers deems appropriate, without notice.

Last Updated: October 1st, 2016

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