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Terms
Of Service
Rapid Servers is dedicated to providing
an excellent service to all customers. The terms and conditions
which follow are necessary to ensure that we may continue
to provide the best possible service to all of our customers
whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for
immediate account deactivation without notice. Rapid Servers
will be the sole arbiter as to what constitutes a violation
of any of these provisions.
Activity which results in the suspension
or deactivation of an account will result in a forfeiture
of all fees paid. Complaints made regarding abuses of an account
will be investigated and if found guilty will be grounds for
immediate suspension.
To report suspected violations
of these policies, please contact "abuse-AT-rapidservers-DOT-net".
Illegal
Usage
Our servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data or material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted material,
trademark, trade secret or other intellectual property right
used without proper authorisation, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Examples of non-acceptable content or links:
Pirated software, Hackers programs or archives, Warez sites,
MP3, and IRC bots. The subscriber to Rapid Servers service
agrees to indemnify and hold harmless Rapid Servers from any
claims resulting from the use of the service that damages
the subscriber or any other party. Rapid Servers will be the
sole arbiter as to what constitutes a violation of this provision.
Adult
Content
We do not allow any adult orientated
content to be hosted on our servers.
Security
Violations of system or network
security are prohibited, and may result in criminal and civil
liability. Examples include, but are not limited to the following:
Unauthorised access, use, probe, or scan of a systems security
or authentication measures, data or traffic. Interference
with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks. Forging of any TCP-IP
packet header or any part of the header information in an
email or a newsgroup posting.
Server
Resource
Any website that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network
resources) will be given an option of either paying extra
(which depends on the resource needed) or reducing the resource
used to an acceptable level. Rapid Servers shall be the sole
arbiter of what is considered to be a high server usage level.
Any hosting account deemed to be adversely affecting the server
performance or the network integrity will be suspended without
prior notice.
Chat
Rooms
Rapid Servers 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. Rapid Servers does
allow Java chatrooms which should meet most users' needs and
should run without hindering the performance of our servers.
Background
Running Programs
Rapid Servers does not allow background Daemons such as IRC
bots; eggdrop; BitchX; XiRCON; or any other program.
Client
Responsibility
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking
or address forgery. The client is responsible for securing
their username/password. The client assumes responsibility
for all material on their site that may be put on by a third
party (such as the usage of Free For All links pages). Use
of Rapid Servers service requires a certain level of knowledge
in the use of Internet languages, protocols, and software.
This level of knowledge varies depending on the anticipated
use and desired content of the web space by the client. The
following examples are offered: Web Publishing: requires knowledge
of HTML, properly locating and linking documents, FTPing Web
contents, Graphics, text, sound, image mapping, etc. FrontPage
web publishing: knowledge of the FrontPage tools as well as
Telnet and FTP understanding and capability. CGI-Scripts:
requires a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, CShell scripts, permissions, etc. Mail: a
use of mail clients to receive and send mail, etc. The client
agrees that he or she has the necessary knowledge to create
and maintain their web space. Client agrees that it is not
the responsibility of Rapid Servers to provide this knowledge
or support outside matter specific to the servers.
UCE
(Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or
through a Rapid Servers server or using an email address that
is maintained on a Rapid Servers machine is STRICTLY prohibited.
Rapid Servers will be the sole arbiter as to what constitutes
a violation of this provision. If you engage in any of the
foregoing activities using the service of another ISP or IPP,
but channeling activities through a Rapid Servers server as
a maildrop for responses, you are in violation. Violators
will be assessed a minimum of $200.00 fine and will face an
immediate suspension.
Server
Abuse
Any attempts to undermine or cause harm to a Rapid Servers
server or customer of Rapid Servers is strictly prohibited.
Any sub-networks of Rapid Servers and dedicated servers must
adhere to the above policies. The failure to meet or follow
any of the above guidelines are grounds for account deactivation.
We reserve the right to remove any account without prior notice.
Multimedia
Files
Multimedia files are defined as any graphics, audio, and video
files. Rapid Servers hosting accounts are not to be used for
the purposes of distributing and storing an unusual amount
of multimedia files. Any Web site whose disk space usage for
storing the multimedia files exceed 70% of its total usage,
either in terms of total size or number of files, will be
deemed to be using unusual amount of multimedia files.
Actions
Taken by Rapid Servers
The failure by a customer to meet or follow any of the above
policies/terms is grounds for account deactivation. Rapid
Servers will be the sole arbiter as to what constitutes a
violation of the AUP. Rapid Servers reserves the right to
remove any account without prior notice.
When Rapid Servers becomes aware
of an alleged violation of its TOS, Rapid Servers will initiate
an investigation. During the investigation, Rapid Servers
may restrict a customer's access in order to prevent further
potentially unauthorised activity. Depending on the severity
of the violation, Rapid Servers may, at its sole discretion,
restrict, suspend, or terminate a customer's web hosting account
and/or pursue other civil remedies. If such violation is a
criminal offense, Rapid Servers will notify the appropriate
law enforcement authorities of such violation.
TOS
Violations
Rapid Servers customers agree to indemnify and hold harmless
Rapid Servers from any claims resulting from the use of our
services that damages them or any other party. The Rapid Servers
service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness
for a particular purpose or non-infringement. Rapid Servers
expressly disclaims any representation or warranty that the
Rapid Servers service will be error-free, secure or uninterrupted.
No oral advice or written information given by Rapid Servers,
its employees, licensers or the like, will create a warranty;
nor may you rely on any such information or advice. Rapid
Servers and its partners and suppliers will not be liable
for any cost or damage arising either directly or indirectly
from any transaction or use of the service. Rapid Servers
does not issue credits for outages incurred through service
disablement.
Modification
Rapid Servers reserves the right to add, delete, or modify
any provision of this Policy at any time without notice.
Refusal
Of Service
We reserve the right to refuse, cancel, or suspend service
at our sole discretion.
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