Rotorwash Hosting / RotorwashHosting.com
Terms of Service (TOS) Agreement
RotorwashHosting.com shall be
known throughout this document as Rotorwash Hosting. Rotorwash Hosting agrees to
provide the client web hosting for a yearly fee (or otherwise agreed upon by
both parties). Rotorwash Hosting Inc. will never require clients to advertise
for Rotorwash Hosting Inc. on their website in any way shape or form unless
agreed upon such as a non-profit organization receiving complimentary hosting.
Client is allowed to use site for business/commercial or personal websites.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Rotorwash Hosting Services may be subject
to protection under United States, Canada (or any other country) copyright laws,
or laws protecting trademarks, trade secrets or proprietary information. Except
when expressly permitted by the owner of such rights, you must not use the
Rotorwash Hosting service in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material, which you access
or receive through the Rotorwash Hosting Network. If you use a domain name in
connection with the Rotorwash Hosting service or similar service, you must not
use that domain name in violation of any trademark, service mark, or similar
rights of any third party
Customers may not use the Rotorwash Hosting Network with an attempt to
circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended for the
customer, logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or
network. This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. Rotorwash Hosting
will cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who violate system
or network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
REFUSAL OF SERVICE
Rotorwash Hosting reserves the right at its sole discretion to refuse or
cancel service. Violation of any of Rotorwash Hosting Rules and Regulations
could result in a warning, suspension, or possible account termination. Accounts
terminated due to policy violations will not be refunded. Free domains which
have been granted for customers paying annually are released to the customer at
the end of there hosting period. Domains terminated due to policy violations
will not be released to the customer.
SPAM OR UNSOLICITED E-MAIL
You must not use the Rotorwash Hosting Network, Rotorwash Hosting equipment
or any Rotorwash Hosting email address in connection with the transmission of
spam, flames, mail bombs, or substantially similar, unsolicited email messages.
Your domain may not be referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to the sending of
unsolicited mass mailings from another service that in any way implicates the
use of the Rotorwash Hosting Network, Rotorwash Hosting equipment or any
Rotorwash Hosting email address. A message is considered unsolicited if it is
posted in violation of a newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. For purposes of this provision, merely
making one's email address accessible to the public will not constitute a
request or invitation to receive messages.
If you are found to have spammed, Rotorwash Hosting reserves the right to
disable your domain without warning. In addition, Rotorwash Hosting may impose a
$50 penalty for each spam policy violation. Rotorwash Hosting solely reserves
the right to refuse or cancel service to known spammers. Lastly, Rotorwash
Hosting reserves the right to determine what violates this policy. As such, any
violation may result in cancellation of services without refund.
Any attempts to undermine, slander, libel, threaten, or cause harm to a
Rotorwash Hosting Inc. server, customer, employee, or the company directly is
strictly prohibited and is grounds for immediate termination without refund. In
addition, we will pursue all attempts to the fullest extent of the law.
Customer agrees that it shall defend, indemnify, save and hold Rotorwash
Hosting (or it's employee's/owners) harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable legal fees asserted
against Rotorwash Hosting, 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 Rotorwash Hosting against
liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise
distributed in connection with Rotorwash Hosting server;
(2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and
(3) copyright infringement. Customer agrees to limit the liability of Rotorwash
Hosting to the amount paid for service.
You may cancel your account at any time before your yearly billing date, and
we will issue a pro-rated refund for months not used minus a 15% service fee.
Accounts terminated by Rotorwash Hosting for breach of the Terms of Service will
not be entitled to a refund.
30 Day Money Back Guarantee - Each new registration of a hosting account is
entitled to a 30 day (no hassle) money back guarantee. Any hosting account that
wishes to cancel (for any reason) will be entitled to a full refund of funds
collected for the first month. Any domains registered, for free or remain unpaid
for, by Rotorwash Hosting will become the sole property of Rotorwash Hosting
upon such a cancellation. If the account is terminated within the first 30 days
of service due to a breach of our Terms of Service, no refund will be issued.
Uptime Guarantee- In the unusual circumstance that we don't meet our 99.5% total
uptime, just send us an email. For every hour of downtime past the guarantee you
will be able to receive a refund of 10% of your payment.
Existing domains that are transferred to Rotorwash Hosting, for any reason,
remain the sole property of the client. Rotorwash Hosting will only transfer
domains at the request of the client. Domain modifications (DNS, address
changes, etc; renewals excluded), requested by the client will be completed by a
Rotorwash Hosting staff member at no charge.
Free domain registrations – Rotorwash Hosting may, from time to time, offer free
domains through custom plans or promotions. Any domains offered through such a
promotion or agreement, will become the sole property of the client after the
initial 1 year registration period has expired and the domain has been renewed
by the client through Rotorwash Hosting Inc.
Rotorwash Hosting will not be responsible for any damages your business may
suffer. Rotorwash Hosting makes no warranties of any kind, expressed or implied
for services we provide. Rotorwash Hosting disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by Rotorwash Hosting and its employees. Rotorwash Hosting
is not responsible for downtime due to matters “beyond our control”; this
includes, but is not limited to: earthquake, fire, hacking, or computer viruses.
Rotorwash Hosting keeps backups of key server systems only. Rotorwash Hosting
can accept no responsibility for any loss of data or consequences arising from
this. Rotorwash Hosting always advises clients to back up their site data
regularly for its own protection.
Rotorwash Hosting furthermore expects that its customers who provide hosting
services (resellers) to others will ensure its customers fully comply with all
applicable laws concerning the privacy of online communications and any other
policy of Rotorwash Hosting A customer's failure to comply with those laws will
violate this policy.
If a customer provides hosting services (resellers) to others and decides to
cancel their reseller hosting account with Rotorwash Hosting then Rotorwash
Hosting will not be responsible for maintaining hosting for the resellers
Finally, Rotorwash Hosting wishes to emphasize that in accepting services,
customers indemnify Rotorwash Hosting for the violation of any law or Rotorwash
Hosting policy, which results in loss to Rotorwash Hosting or the bringing of
any claim against Rotorwash Hosting This means that if Rotorwash Hosting is sued
because of activities of the customer that violate any law, or this policy, the
customer will pay any damages awarded against Rotorwash Hosting, plus costs and
reasonable legal fees. Failure to comply with any of the above Terms &
Conditions will result in grounds for immediate account deactivation. Rotorwash
Hosting reserves the right to change, edit, or update the policies contained in
this document at any time.