RM Web Services - Hosting, Web Design, Domain Names

RM Web Services Terms of Service

These Terms of Services are used for RM Web Services and all of it's services, all the terms are listed here, for all the services that we offer.

Ignorance of your actions and consequences does not exempt you from liability

Terms of Service

Agreeing to RM Web Services Acceptable use Policy and Terms of Conditions is mandatory for Hosting signing up or using our services. Please make sure you read everything. If you have any questions Contact Us.

RM Web Services provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of RM Web Services are subject to the following terms of service:

Billing:

We offer three type of payment.
1.) PayPal Payment
2.) PayPal Subscriptions
3.) Check or Money order through Snail Mail.

Late Payments:

All accounts are billed according to the dates they were first activated on. Net amount due within 20 days of receipt of invoice. Any accounts that don't have their invoice paid with in 20 days of your due date will be suspended. If you don't pay the invoice with in 7 days of the due date you are subject to a $5.00 late fee. After 60 days of non-payment your account will be terminated.

Web Design:

When a site is designed by RM Web Services for a client that design is always a copyright of RM Web Services. If the site is taken over by a person/persons who is not a employee of RM Web Services, they must keep a "© RM Web Services" with "RM Web Services" linked back to http://rmwebservices.com on all pages. If the design is changed, it can be removed. If the site is taken over by a non-employee of RM Web Services, that person/persons is free to use the coding for the site, but they are under no circumstances allowed to use the graphics made for your site on any other site. Even if it is for the original client of RM Web Services.

You must also agree to pay RM Web Services what is billed to you. There is no trick billing, RM Web Services will always tell you first hand what you are being billed. If these requirements are not met with RM Web Services reserve the right to remove your site myself, have the hosting services you are using remove your site, or RM Web Services can take you to court. It is merely a respect thing as well. The designer at RM Web Services works very hard on sites and will make you happy with your site.

Websets:

If you use the websets as a linkware or purchase it, you may NOT alter the graphics in anyway. ONLY the graphics that are specified are allowed to be downloaded or saved in anyway. You may NOT directly link to this site, everything that is on websets must be saved to your own server. The sole owner of all graphics is RM Web Services. They may NOT be taken unless they are linked back or purchased. This includes no screen captures. Using linkware graphics, you MUST link back unless you have purchased the graphics. A text link is ok, but it must be on the page where the graphics are used, not just on a credits page or any other page. You may not alter, change, colorize, resize or modify any of our images without our specific written permission. You may not use any graphics to "mix and match" or use anything in other websets.

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts :

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

Background Running Programs:

Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers.

Backup:

RM Web Services backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. RM Web Services makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.

Server Uptime

RM Web Services guarantees a 99.9% server uptime to shared hosting customers. The following credit schedule applies:
99.5 - 99.89 = 70% service credit
99.0 - 99.49 = 80% service credit
98 - 99 = 90% service credit
97.99 - 95.00 = 100% service credit

Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number if you are paying by credit card. All requests after 72 hours of the downtime incident happening will be void.

RM Web Services has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.

Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. RM Web Services reserves the right to refuse a promotion to a customer.

RM Web Services reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.

RM Web Services reserves the right to reduce the advertised time of the promotion running time with or without prior notice.

Customers wishing to take advantage of our "free migration from your old host" users should note that they are free to upload full cPanel backup files to our systems for us to restore.

Refunds & Cancellations

You can only cancel your account by opening a support ticket with our billing department supplying your: account domain, username, password, subscription number or latest order number

If you do not cancel using the procedures set above, your account will not be canceled and will be subject to charges.

Accounts canceled under our 30 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees).

If you have violated our Terms of Service, the 30 day money back guarantee no longer applies to you.

Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 30 day money back guarantee.

If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.

You must allow up to 30 days for credit and refunds to be processed and applied to your account

If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for.

Commercial Advertising - Email:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund.

Server Abuse:

Any attempts to undermine or cause harm to a server is strictly prohibited.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold RM Web Services and it's associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RM Web Services, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RM Web Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RM Web Services servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Accounts Reinstatement:

Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated.

Mailing Lists:

RM Web Services has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the RM Web Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact RM Web Services requesting permission to send the mailing through the RM Web Services servers prior to sending any messages. Sending a large mailing through mailing list software other than RM Web Services pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.

Mailing lists operated on RM Web Services servers must be double opt-in with specific clear instructions in order to opt-out.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:

RM Web Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from RM Web Services servers going off-line or being unavailable for any reason whatsoever. Furthermore, RM Web Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of RM Web Services servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to contact@rmwebservices.com. All complaints will be investigated promptly.

DISCLAIMER:

RM Web Services cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by RM Web Services are resold. Thus, certain equipment, routing, software, and programming used by RM Web Services are not directly owned or written by RM Web Services. Moreover, RM Web Services holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as RM Web Services sees fit. FURTHERMORE, RM Web Services retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Acceptable Use Policy:

All services provided by RM Web Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless RM Web Services and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Pornography is prohibited on all RM Web Services servers. This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. RM Web Services reserves the right to determine what is and what isn't acceptable for our server.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

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