Terms of Service (TOS)
The use of web hosting or other services from
Robertson Data Services, [hereafter referred to as "RDS"] signifies your
agreement to the following Terms Of Service (TOS).
1.
Account Creation / Your email address
We will create your account after we have been paid and after your payment has
been screened for fraud. You must provide us with an email address which is not
hosted at the domain(s) you are hosting with us. If we ever need to contact you
regarding a TOS issue, this email address will be the one that we use. That’s
because if we have to suspend your service for a violation of the TOS we still
need to be able to communicated with you. You could consider a free email
address at Yahoo or Gmail for this purpose but you must make sure to check it
regularly. You agree to make sure the email address we have for you is kept up
to date at all times. Providing a false or unattended email address may result
in the suspension or termination of your account. For certain types of orders
and orders from outside the USA it may be necessary for you to provide valid
identification and a fax copy of your credit card.
2.
Set Up
Unless you have ordered our SiteMove service, you are responsible for moving
your web site to our servers and updating your DNS information with your Domain
Registrar. As soon as you sign up, we will begin setting up your account and
email you the information needed to move or set up your web site. This typically
occurs within 15 minutes however there can be reasons beyond our control for a
delay. If your information has not been received within 30 minutes you must
contact our support department.
3.
Content
All services provided by RDS may only be used for lawful purposes and as spelled
out in our TOS. The laws of the State of Oklahoma will apply.
You agree to indemnify and hold harmless RDS from any claims resulting from the
use of our services. Any use of our services to infringe upon any copyright or
trademark is prohibited including but not limited to unauthorized copies of
music or any other copyrighted work. The offering of any counterfeit merchandise
will result in the immediate termination of your account. If you believe that
your copyright or trademark is being unlawfully used by one of our customers,
email
abuse@robertsondataservices.com with the all of information required for us to
investigate or take action.
Other
types of unacceptable material include: IRC Bots, Proxy Scripts / Anonymizers,
Pirated Software / Warez, ".img" / image hosting only sites that do not host an
actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites,
Investment sites (FOREX, egold exchange), 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. If you send spam or other unsolicited email to promote a site hosted
with us your account will be terminated. We reserve the right to refuse service
to anyone at any time for any or no reason. Any content that we consider to be
obscene or threatening, or that we feel others may consider to be obscene or
threatening, will be removed from our servers with or without notice and your
account may be suspended or terminated. All abuse issues must be dealt with via
trouble ticket/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@robertsondataservices.com 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. Any site found
to host child pornography or linking to child pornography will be suspended
immediately without notice. Violations will be reported to the appropriate law
enforcement agency.
It is your responsibility to ensure that scripts/programs installed on your
account are secure and permissions of directories are set properly. When at all
possible, set permissions on most directories to 755 or as restrictive as
possible. You are fully responsible for all actions taken under your account. It
is required that you use a secure and sufficiently complex password. If a weak
password is used, your account may be suspended until you agree to use a more
complex password.
4. 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. Our email policies are incorporated by reference, and are located here: http://www.robertsondataservices.com/mailpolicy.html
Sites advertised via SPAM may not be hosted on our servers. This provision
includes, but is not limited to SPAM sent via email, instant messaging, or
forums or 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.
RDS reserves the right to require changes or disable any web site, account,
database, or other component that does not comply with our TOS or to make any
such modifications in an emergency at our sole discretion. RDS 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
RDS.
5. Payments
You agree to supply appropriate payment for the services received from RDS, in
advance of the time period during which such services are provided. You agree
that until and unless you notify RDS of your desire to cancel any or all
services received, those services will be billed on a recurring basis.
Cancellations must be done via the our support ticket system only. 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. RDS
reserves the right to change the monthly payment amount and any other charges at
anytime unless otherwise stated in a term plan.
6. Backups and Data
Your use of the service is at your sole risk. RDS is not responsible for files
and/or data residing on your account. You agree to make backup copies of files
and data stored on RDS servers.
7. Cancellations and Refunds
RDS reserves the right to cancel the account at any time with or without notice.
If your account is cancelled for a violation of our TOS no refund will be given.
You may cancel your account with us at any time unless you are subscribed to a
term agreement. In no case will refunds or partial refunds will be issued for
unused services you have paid for.
8.
Resource Usage
User may not:
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.
Run any type of interactive real-time chat applications that require server
resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
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")
9. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account exceed 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, or charge you for the excess bandwidth used. Unused bandwidth from one
month cannot be carried over to the next
month.
10. Uptime Guarantee
If our server has a physical service outage that is not within the stated 99.9%
uptime you may receive one month of credit on your account. Approval of the
credit is at the discretion of RDS. 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 monitoring services or experienced by a particular
individual web site. Outage data reported by 3rd party monitoring systems or
services will not be considered. If your web site is not functioning but the
server is functioning this does not constitute a service outage. To request a
service outage credit, you must contact support@robertsondataservices.com with
justification for your request.
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 robertsondataservices.com, and the
right to increase the amount of resources given to plans at any time.
12. Indemnification
Customer agrees to defend, indemnify, save and hold RDS harmless from any and
all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against RDS, 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 RDS against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with RDS; (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
RDS's server.
13. Disputes
By using any RDS services, you agree to binding arbitration. If any disputes or
claims arise against RDS such disputes will be handled by an arbitrator of RDS'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. You
agree that you will not cause any dispute or charge back via your credit card
company or through PayPal. If you do so in violation of this agreement, you
agree to pay us our full costs of collecting any amounts that are charged back
to us, and you agree that the minimum amount of our costs will be $500.
14. No Liability
RDS shall have no liability and will not be responsible for any damages of any
kind for any reason. RDS makes no warranties of any kind, expressed or implied
for services we provide. The services are provided as-is-where-is. RDS
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data, delays, and any and all service interruptions caused
in any way including those caused by RDS or its employees or contractors
regardless of whether or not you notify us of a problem or potential damages.
15. Disclosure to law enforcement
RDS 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
RDS reserves the right to revise its terms of service at any time without notice
by posting the change to our web site.
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