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1. Provision of Services.
ROI Designs agrees to
provide services to You in
exchange for your payment
for ROI Designs' services,
your execution and
compliance with this
agreement, and your
compliance with ROI Designs'
Acceptable Use Policy (See
Below) and No-Spam Policy.
Provision of ROI Designs'
services shall commence once
ROI Designs has received
both your payment for ROI
Designs' services and this
Agreement duly executed by
You. You warrant and
represent that You shall use
ROI Designs' services only
for lawful purposes.
2. Agreement Term.
-
For
shared hosting, reseller
hosting, and colocation:
The initial term of this
agreement shall be from
the date of your initial
payment and execution of
this agreement through
the remainder of the
calendar month in which
this agreement was
executed.
-
For
dedicated server
hosting:
The initial term of this
agreement shall be from
the date of your initial
payment and execution of
this agreement through
the remainder of the
minimum contract period,
in accordance with the
dedicated server plan
chosen by you.
3.
Automatic Renewal.
This agreement shall renew
automatically on a monthly
basis, at the end of the
prior agreement term, unless
terminated either by You or
by ROI Designs in writing
(email, mail, or fax) 30
days prior to the end of the
current agreement term.
4. Termination without
Cause.
You may terminate this
agreement at any time, for
any reason, by contacting
ROI Designs, either by phone
or email, and requesting
that your account be
canceled.
ROI Designs shall not refund
amounts already billed for
the service period in which
You terminate the agreement.
If You terminate this
agreement, your Web site
content, databases, and
email messages will be
backed up and provided to
You as an archive file, and
sent to You either by email,
PLACED ON A WEB-ACCESSIBLE
DIRECTORY FOR DOWNLOAD, or
COPIED to a CD AND MAILED TO
YOU.
ROI Designs may terminate
this agreement at any time,
for any reason, by providing
written or electronic mail
notice of termination to
your primary Web site's
e-mail contact address no
less than 14 days prior
to the service termination;
and.
5. Termination for Cause.
YOU AGREE TO KEEP ROI
DESIGNS INFORMED OF ALL
CURRENT CONTACT AND BILLING
INFORMATION FOR YOUR ACCOUNT
(INCLUDING DEBIT/CREDIT CARD
INFORMATION). FAILURE TO
MAINTAIN OR KEEP CURRENT ALL
CONTACT INFORMATION SHALL BE
A VALID GROUND FOR ROI
DESIGNS' TERMINATION OF
SERVICES FOR CAUSE.
IF ROI DESIGNS TERMINATES
YOUR ACCOUNT FOR A VIOLATION
OF THIS AGREEMENT, COMPANY'S
ACCEPTABLE USE POLICY, OR
COMPANY'S NO-SPAM POLICY,
COMPANY SHALL NOT BE
REQUIRED TO REFUND TO YOU
ANY AMOUNTS BILLED TO YOU
FOR THE BILLING PERIOD IN
WHICH COMPANY SERVICES
TERMINATE.
6. Payment Terms.
You agree to be billed for
all recurring and one-time
charges, including late
charges, for any ROI Designs
services ordered by You and
any fees You owe to ROI
Designs.
Charges are payable by
cheque
or Direct Debit in monthly
instalments. ROI Designs
will invoice You for the
first instalment once
everything is set up to your
satisfaction, and at regular
intervals thereafter.
Charges for upgrading your
current hosting package, or
performing add-on requests,
will not be billed until
your next invoice.
ROI Designs will submit all
invoices to You by email.
Payments are due within 14
days of receiving an
invoice. Interest in the
amount of 1.5% will be added
to any outstanding invoices.
7. Taxes.
ROI Designs shall not be
liable for any taxes and
other governmental fees to
be paid which are related to
purchases made from You or
from ROI Designs' server.
You agree that You shall be
fully responsible for all
taxes and fees of any nature
associated with products or
services sold through the
use of or with the aid of
services provided to You by
ROI Designs.
8. Materials and
Products.
Any material and data You
provide to company in
connection with ROI Designs'
services shall be in a
condition that is in a form
requiring no additional
manipulation on the part of
ROI Designs. ROI Designs
shall make no effort to
validate this material or
data for content,
correctness, or usability.
Material or data that is not
in this condition shall be a
breach of this agreement.
ROI Designs may, in its sole
discretion, reject material
or data that You have placed
on ROI Designs' servers or
that You request ROI Designs
put on ROI Designs' servers.
ROI Designs agrees to notify
You immediately of its
refusal of the material or
data and provide You with an
opportunity to amend or
modify the material or data
to meet the requirements of
ROI Designs. your failure to
amend or modify the data or
material as directed by ROI
Designs within a reasonable
time shall be a breach of
this agreement.
9. Service Level
Agreement, Remedies, and
Exclusions.
ROI Designs agrees to
provide guaranteed service
to You under the terms of
our Network Service Level
Agreement (see below).
10. Liability; No
Warranty; Limitation of
Damages.
YOU EXPRESSLY AGREE THAT USE
OF ROI DESIGNS' SERVICES IS
AT YOUR SOLE RISK.
ROI Designs, its agents,
affiliates, licensors or the
like, do not represent or
warrant, expressly or
impliedly, that ROI Designs'
services will not be
interrupted or error free;
neither do they make any
warranty as to the results
that may be obtained from
the use of ROI Designs'
services or as to the
accuracy, reliability, or
content of any information
service or merchandise
contained in or provided
through ROI Designs'
services, unless otherwise
expressly stated in this
agreement.
ROI Designs, its officers,
agents, or anyone else
involved in providing ROI
Designs' services shall not
be liable for any direct,
indirect, incidental,
special, or consequential
damages that result from the
use or inability to use ROI
Designs' services; or for
any damages that result from
mistakes, omissions,
interruptions, deletion of
files, errors, defects,
delays in operation, or
transmission, or any failure
of performance, whether or
not limited to acts of God,
communication failure,
theft, destruction, or
unauthorized access to ROI
Designs' records, programs,
or services.
ROI Designs will exercise no
control over the content of
the information passing
through ROI Designs' network
except those controls
expressly provided herein.
ROI Designs makes no
warranties or
representations of any kind,
express or implied, for the
service it is providing. ROI
Designs also disclaims any
warranty of merchantability
or fitness for a particular
purpose and will not be
responsible for any damages
that may be suffered by the
You, including loss of data
resulting from delays,
non-deliveries, or service
interruptions by any cause
or due to your errors or
omissions. Use of any
information obtained by way
of ROI Designs is to be used
at your own risk, and ROI
Designs specifically denies
any responsibility for the
accuracy or quality of
information obtained through
its services. ROI Designs
expressly limits its damages
for any non-accessibility
time or other downtime to
credit applied towards
future invoices. ROI Designs
expressly limits its
responsibility for any
damages arising as a
consequence of such
unavailability.
11. Patents, Copyrights,
Trademarks, and Other
Intellectual and Proprietary
Rights.
Except for rights expressly
granted herein, this
agreement does not transfer
any intellectual or other
property or proprietary
right to You. You agree that
all right, title, and
interest in any product or
service provided to You is
ROI Designs'. These products
and services are only for
your use in connection with
ROI Designs' services
provided to You as outlined
in this agreement.
You expressly warrant to ROI
Designs that You have the
right to use any patented,
copyrighted, or trademarked
material which You use,
post, or otherwise transfer
to ROI Designs servers.
12. Hardware, Equipment,
and Software.
You are responsible for and
must provide all phones,
phone services, computers,
software, hardware, and
other services necessary to
access ROI Designs servers.
ROI Designs makes no
representations, warranties,
or assurances that your
equipment will be compatible
with ROI Designs services.
13. Age.
You expressly represent and
warrant that You and any
person to whom You grant
access to your ROI Designs
account have reached the age
of eighteen.
14. Indemnification.
You agree that You shall
defend, indemnify, save, and
hold ROI Designs harmless
from any and all demands,
liabilities, losses, costs,
and claims, including
reasonable attorneys' fees,
asserted against ROI
Designs, its agents,
servants, officers, and
employees, that may arise or
result from any service
provided or performed or
agreed to be performed or
any product sold by You,
your agents, employees, or
assigns.
You agree to defend,
indemnify, and hold harmless
ROI Designs against
liabilities arising out of:
(i) any injury to person or
property caused by any
products sold or otherwise
distributed in connection
with ROI Designs services
provided to You;
(ii) any material supplied
by You infringing or
allegedly infringing on the
property or proprietary
rights of a third party;
(iii) copyright
infringement; and
(iv) any defective product
which You sold or
distributed by means of ROI
Designs services.
You agree that the liability
limit of ROI Designs shall
in no event be greater than
the aggregate dollar amount
which You paid during the
terms of this agreement,
including any reasonable
attorneys' fees and court
costs.
15. Miscellaneous.
Governing Law;
Jurisdiction; Forum.
This agreement shall be
governed by and construed in
accordance with Scottish Law
without regard to its
conflicts of laws or
principles.
Severability. In case
any one or more of the
provisions contained herein
shall, for any reason, be
held to be invalid, illegal,
or unenforceable in any
respect, such invalidity,
illegality, or
unenforceability shall not
affect any other provisions
of this agreement, and this
agreement shall be construed
as if such provision(s) had
never been contained herein,
provided that such
provision(s) shall be
curtailed, limited, or
eliminated only to the
extent necessary to remove
the invalidity, illegality,
or unenforceability.
Waiver. No waiver by
ROI Designs of any breach by
You of any of the provisions
of this agreement shall be
deemed a waiver of any
preceding or succeeding
breach of this agreement. No
such waiver shall be
effective unless it is in
writing and then only to the
extent expressly set forth
in such writing.
Entire agreement.
This agreement, including
ROI Designs Acceptable Use
Policy, and ROI Designs
No-Spam Policy, shall
constitute the entire
agreement between You and
ROI Designs.
Web Hosting Acceptable Use
Policy
1. Introduction
Provider's Acceptable Use
Policy is intended to help
enhance the use of the
Internet by preventing
unacceptable use. All users
of Provider's Internet
services (the "Services") -
those who access some of our
Services but do not have
accounts ("Visitors") as
well as those who pay a
monthly service fee to
subscribe to the Services
("Clients") - must comply
with this Acceptable Use
Policy. We support the free
flow of information and
ideas over the Internet and
do not actively monitor use
of the Services under normal
circumstances. Similarly, we
do not exercise editorial
control over the content of
any Web site, electronic
mail transmission, news
group, or other material
created or accessible over
or through the Services,
except for certain
proprietary websites.
However, in accordance with
our Terms of Service
Agreement, we may remove any
materials that, in our sole
discretion, may be illegal,
may subject us to liability,
or which may violate this
Acceptable Use Policy.
Provider may cooperate with
legal authorities and/or
third parties in the
investigation of any
suspected or alleged crime
or civil wrong. Your
violation of this Acceptable
Use Policy may result in the
suspension or termination of
either your access to the
Services and/or your
Provider account or other
actions as detailed in
Section 3. This Acceptable
Use Policy should be read in
conjunction with, and is
part and parcel of, our
Terms of Service Agreement
and other policies. By using
our web hosting services,
you agree to comply with our
Acceptable Use Policy.
2. Violations of
Provider's Acceptable Use
Policy
The following constitute
violations of this
Acceptable Use Policy:
-
Illegal
use.
Using the Services to
transmit any material
(by email, uploading,
posting, or otherwise)
that, intentionally or
unintentionally,
violates any applicable
local, national or
international law, or
any rules or regulations
promulgated thereunder.
-
Harm to
minors.
Using the Services to
harm, or attempt to
harm, minors in any way.
-
Threats.
Using the Services to
transmit any material
(by email, uploading,
posting, or otherwise)
that threatens or
encourages bodily harm
or destruction of
property.
-
Harassment.
Using the Services to
transmit any material
(by email, uploading,
posting, or otherwise)
that harasses another.
-
Fraudulent activity.
Using the Services to
making fraudulent offers
to sell or buy products,
items, or services or to
advance any type of
financial scam such as
"pyramid schemes," "ponzi
schemes," and "chain
letters."
-
Forgery
or impersonation.
Adding, removing or
modifying identifying
network header
information in an effort
to deceive or mislead is
prohibited. Attempting
to impersonate any
person by using forged
headers or other
identifying information
is prohibited. The use
of anonymous remailers
or nicknames does not
constitute
impersonation. Using
deliberately misleading
headers ("munging"
headers) in news
postings in order to
avoid spam e-mail
address collectors is
allowed.
-
Unsolicited commercial
email/ Unsolicited bulk
email.
Using the Services to
transmit any unsolicited
commercial email or
unsolicited bulk email.
Activities that have the
effect of facilitating
unsolicited commercial
email or unsolicited
bulk email whether or
not that email is
commercial in nature,
are prohibited.
Bulk e-mail sent through
a mail service external
to our system can not
contain an e-mail
address or a domain name
that is hosted by
Provider. This generally
results in complaints
being forwarded to our
administrative staff and
will be cause for
immediate account
termination or
suspension without prior
notification.
-
Unauthorised access.
Using the Services to
access, or to attempt to
access, the accounts of
others, or to penetrate,
or attempt to penetrate,
security measures of
Provider's or another
entity's computer
software or hardware,
electronic
communications system,
or telecommunications
system, whether or not
the intrusion results in
the corruption or loss
of data.
-
Distributing viruses
to or from Provider
systems.
-
Adult
Content.
Due to special system
and network requirements
of adult oriented sites,
pornography and
sex-related
merchandising are
prohibited. This
includes sites that may
infer sexual content, or
links to adult content
elsewhere.
-
Collection of personal
data.
Using the Services to
collect, or attempt to
collect, personal
information about third
parties without their
knowledge or consent.
-
Reselling
the services.
Reselling the Services
without Provider's
authorisation.
-
CGI
Scripts.
CGI script sharing with
domains not hosted by
Provider is prohibited.
Any cgi-scripts deemed
to be adversely
affecting the server
performance or the
network integrity will
be shut down without
prior notice and the
owner will be contacted
to alleviate the
situation.
-
Chat
Rooms.
Provider does not allow
clients to install their
own chat rooms. Chat
rooms tend to be large
system hogs and we
cannot permit it as an
account option.
-
Software
and Multimedia
Distribution.
These types of files
consume huge amounts of
disk space and
bandwidth. If you wish
to distribute software
and/or multimedia files
(graphics, audio, and
video), please contact
us for a special
arrangement.
-
Network
disruptions and
unfriendly activity.
Using the Services for
any activity which
adversely affects the
ability of other people
or systems to use
Provider Services or the
Internet. This includes
"denial of service" (DoS)
attacks against another
network host or
individual user.
Interference with or
disruption of other
network users, network
services or network
equipment is prohibited.
It is the Client's
responsibility to ensure
that their network is
configured in a secure
manner. A Client may
not, through action or
inaction, allow others
to use their network for
illegal or inappropriate
actions. A Client may
not permit their
network, through action
or inaction, to be
configured in such a way
that gives a third party
the capability to use
their network in an
illegal or inappropriate
manner.
3. Reporting Violations
of Provider's Acceptable Use
Policy
Provider requests that
anyone who believes that
there is a violation of this
Acceptable Use Policy direct
the information to our
System Abuse Department by
contacting us.
If available, please provide
the following information:
-
The IP
address used to commit
the alleged violation
-
The date
and time of the alleged
violation, including the
time zone or offset from
GMT
-
Evidence
of the alleged violation
-
E-mail
with full header
information provides all
of the above, as do
syslog files. Other
situations will require
different methods of
providing the above
information.
Provider may take any one or
more of the following
actions in response to
complaints:
-
Issue
warnings: written or
verbal
-
Suspend
the Client's newsgroup
posting privileges
-
Suspend
the Client's account
-
Terminate
the Client's account
-
Bill the
Client for
administrative costs
and/or reactivation
charges
-
Bring
legal action to enjoin
violations and/or to
collect damages, if any,
caused by violations.
4. Revisions to This
Acceptable Use Policy
Provider reserves the right
to revise, amend, or modify
this Acceptable Use Policy,
our Terms of Service
Agreement our Privacy Policy
and our other policies and
agreements at any time and
in any manner. Notice of any
revision, amendment, or
modification will be posted
in accordance with the Terms
of Service Agreement.
Network Service Level
Agreement
ROI Designs guarantees 99.9%
accessibility (uptime) for
all web sites, web servers,
routing devices, and
Internet connections within
its network.
Network Service Level
Agreement Exclusions
Certain scenarios are beyond
the control of ROI Designs,
and therefore are not
considered within the scope
of this SLA. These scenarios
include:
-
Routine
maintenance
- ROI Designs may on
occasion need to perform
maintenance on network
hardware, including
servers and routing
devices. This might
include rebooting a
server or routing
device, temporarily
suspending or restarting
a service within a
server.
-
Prescheduled maintenance
- ROI Designs may on
occasion need to perform
lengthier maintenance on
its network hardware.
This might involve
installing software
patches on a server,
replacing memory and
hard drives on a server,
or replacing an entire
server or network
device. In the event
this type of maintenance
is required, ROI Designs
will pre-notify all
customers to be affected
by the outage, and if at
all possible schedule
the maintenance to be
performed at the
quietest time of the
week (an evening and/or
weekend).
-
Malicious
attacks
- if a third party
unaffiliated with ROI
Designs initiates a DDoS
(dedicated denial of
service) or other form
of disabling attack
against major portions
of our network ROI
Designs will do
everything possible to
stop the attack, but
cannot offer a
guaranteed resolution
time.
-
Malfunction of
colocation property
- if network equipment
belonging to a
colocation client
malfunctions or fails,
and ROI Designs was not
responsible for the
malfunction or failure,
ROI Designs will
coordinate with the
client to assist in the
repair or replacement of
the equipment, but
cannot offer a
guaranteed resolution
time.
Network Service Level
Agreement Remedy
In the event ROI Designs
does not meet the terms
described in this Service
Level Agreement, clients are
eligible to apply for a
credit equal to 1/30th of a
month for each hour of time
their service is
unreachable, rounded to the
nearest hour.
The following
example considers a two-hour
outage:
-
A network
outage lasts for 2
hours, 20 minutes
-
2 hrs, 20
mins rounded to the
nearest hour = 2 hrs
-
2 hrs *
1/30 = 2/30th of a month
credit
In the above
two-hour outage example, a
client is eligible to
receive credit equal to
2/30th of a month free
service.
All remedied credits will be
issued during the following
billing cycle.
All eligible requests for
compensation must be
received within 5 business
days of the incident in
question. All requests for
credit must be made in
writing (by submitting a
ticket through our
Support System).
ROI Designs No-Spam Policy
ROI Designs strictly
prohibits Spamming. One of
the most serious abuses is
using your web hosting
account to send unsolicited
commercial e-mail, otherwise
known as Spam. The following
are examples of Spam and are
blatantly contrary to our
Terms of Service and
Acceptable Use Policy, and
will result in termination
of web hosting services.
Inappropriate E-mail
Activities
-
Commercial e-mail:
Defined as sending
unsolicited commercial
e-mails. This is
prohibited. You are not
permitted to use your
ROI Designs account or
the e-mail alias/account
of your Virtual Server
to send unsolicited
commercial e-mail. Using
an e-mail address hosted
anywhere on ROI Designs
servers to collect
responses from
unsolicited commercial
e-mail is prohibited.
This includes using a
throwaway, free e-mail
account to promote your
ROI Designs account and
redirects for the same
account.
-
Mail
Bombing:
Defined as sending large
volumes of unsolicited
e-mail to individuals
from your ROI Designs
account. This is
strictly prohibited.
-
Harassment:
Defined as sending
threatening or harassing
e-mail after being
requested to stop, is
prohibited. Extremely
threatening or harassing
e-mail never is allowed.
Inappropriate use of
Mailing Lists
-
Purchased
Mailing Lists:
Mass mailing to
purchased mailing lists
is not allowed. We allow
only opt-in mailing
lists. To comply with
our no-Spam policy, the
recipients on your
mailing list must have
specifically requested
(subscribed) to receive
mail from you on this
topic. Purchased or
inherited lists are, by
definition, NOT opt-in.
Similarly; you could not
start a list about
horses and then post to
it about boats. Opt-in
list mailings must
include instructions to
unsubscribe (opt-out) in
every message.
Inappropriate Newsgroup
Activities:
-
Newsgroup
Spamming:
This Spam is defined as
excessive cross-posting,
or posting the same
article to several
newsgroups. This is
prohibited. Generally
accepted standards allow
no more than 15
newsgroups, or
cross-postings, for a
single article or
substantially similar
articles. Such articles
may be cancelled. You
are not allowed to use
your Sunrise Web Hosting
based mail facilities to
Spam the newsgroups.
-
Off topic
or inappropriate
postings:
There is no restriction
on content, except as
defined by each
newsgroup. Continued
posting of off-topic
articles is prohibited.
Please note that
commercial
advertisements are
off-topic and considered
Spam in the vast
majority of newsgroups.
We take a very dim view of
Spam. It is one of the most
annoying things encountered
on the Internet. Any ROI
Designs client found to be
Spamming will have his/her
web hosting account
terminated immediately - no
questions asked (we will
investigate the report
thoroughly before
terminating any account).
There is no warning or
second chance. If we find
that you have violated our
Acceptable Usage Policy, we
will report you and the
incident to the proper
local, state and federal
authorities and will
prosecute you to the full
extent of the law.
We are not attempting to
censor, nor are we
attempting to curtail the
business of our customers.
But as a whole, Spamming
hurts our members and us
more than it helps the one
who does the Spam. Do
yourself, and us, a favor:
PLEASE DON'T DO IT.
If you know of any ROI
Designs client that is or
might be violating this
policy, please send a
message or, if possible,
forward the Spam in full
(including headers) to us by
contacting us.
By paying for
hosting service, you agree
to the terms outlined in
this document. |
