This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service ("TOS") of Reliable Server, LLC (the "Company") doing business as reliable-server.com, governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within.
Customer agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by the Company, that you are agreeing to be bound by the terms herein outlined. No modifications of said contract by customer is allowed. Questions or comments regarding this document should be forwarded to the Company at the following address legal@reliable-server.com.
The following are guidelines for the establishment and enforcement of the Terms of Service:
-Ensure reliable service to our customers
-Ensure security and privacy of our systems and network, as well as the networks and systems of others
-Comply with existing laws
-Maintain our reputation as a responsible service provider
-Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
-Preserve the value of Internet resources as a conduit for free expression and exchange of information
-Preserve the privacy and security of individual users
If Customer violates these Terms of Service, the Company reserves the right to terminate Customer's service without notice. The Company may advise Customer of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
1. Prohibited Uses of Services and Products
Customer may only use Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
1.1 General
1.1.1. Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. The Company reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
1.1.2. Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
1.1.3. Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
1.2. System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
1.2.1. Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).
1.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
1.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.
1.2.4. Circumventing user authentication or security of any host, network or account.
1.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
1.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
1.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
1.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
1.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
1.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
1.3. Prohibited Scripts and Programs:
The following scripts are banned because they are either resource hogs or harmful:
IRC, Game or Chat software
UltimateBBS (all versions)
Ikonboard (all CGI versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
Any soap mailers
Auto email capturing script
SafeLists
formmail.pl - Please use provided formmail script!
Shell Scripts and Shell Alternatives
2. SPAM and Unsolicited Commercial Email (UCE) Policy:
The Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use our the company's network to transact in UCE. reseller of the Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, the Company may restrict customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, the Company may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. the Company will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $50 and Customer's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of Customer's account. PLEASE, DO NOT SPAM from your account.
3. Customer Responsibility:
3.1. Customer is solely responsible for the content stored on and served by the Company's server.
3.2. Customer must provide the Company with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
3.2. Customer is responsible for any misuse of Customer's account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's account.
3.3. Customer may not use Customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.
4. Payments and Fees:
Establishment of this service is contingent upon receipt of payment from Customer to the Company. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $20.00 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by the Company will be turned over to an outside agency for collection. If Customer's account is turned over for collection, Customer agrees to pay the Company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)
T he Company may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
5. Suspension of Service or Cancellation:
The Company reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrators the Customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer's machines were suspended.
The Company reserves the right to amend its policies at any time. All users and reseller s of the Company must adhere to the above policies. Failure to follow any term or condition will be grounded for immediate Cancellation. Customer will be held responsible for the actions of Customer's clients in the matter described on these TOS. Therefore, it is in your best interest to implement a similar or stricter Terms od Service or otherwise called Acceptable Terms of Use Policy.
6. Money Back Guarantee
Every shared hosting account ordered from the Company comes with a
30 Day Money Back Guarantee. In the event that Customer wish to cancel Services or Products within
30 days of placing the order, the Company will refund all fees paid to Customer.
To take advantage of this guarantee, send an email to services@reliable-server.com within 45 days of order date. Although not required, the Company would appreciate knowing the reasons why Customer has decided to cancel Services or Products. The email MUST BE SENT BY THE EMAIL ID AND NAME LISTED AS THE ACCOUNT ADMINISTRATOR (email ID and Name used to set up the account)!
Please note that cancellations at any other time will receive a pro-rated refund for pre-paid but unused time. Domain name registration fees, over-usage fees for disk space and bandwidth and dedicated server rental fees are nonrefundable.
7. Indemnification:
The Company wishes to emphasize that in agreeing to the Terms of Service, Customer indemnifies the Company for any violation of the Terms of Service that results in loss to the Company or the bringing of any claim against the Company by any third-party. This means that if the Company is sued because of a Customer's or a customer of a Customer's activity, Customer will pay any damages awarded against the Company, plus all costs and attorney's fees.
8. Miscellaneous Provisions:
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Customer shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign Agreement at anytime without consent from or notice to Customer. The Company reserves right to cancel Customer rights under this contract at anytime without further obligation.
The Company takes no responsibility for any material input by others and not posted to the Company Network by the Company. The Company is not responsible for the content of any other websites linked to the Company; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of its services. The Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company.
9. Revisions to the TERMS OF SERVICE
The Company reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time and in any manner and any such modification shall be automatically effective as to all customers when adopted by the Company and published here.
10.
In the
DETAILS
Reliable-Server.com 's Terms of Service("TOS")
is provided to give our clients a clear
understanding of what Reliable-Server.com expects of
them while using the service. All users of
Reliable-Server.com 's Internet services: those who
access some of our Services but do not have
accounts, as well as those who pay a service fee
to subscribe to the Services, must comply with
this TOS and our TOS (Terms of Service). Use
of Reliable-Server.com Service constitutes
acceptance and agreement to Reliable-Server.com 's
TOS as well as Reliable-Server.com 's TOS (Terms of
Service)
IMPORTANT NOTICE: *All Payments To
Reliable-Server.com, LLC Are Non-Refundable*
after 30 days
We support the uncensored flow of information
and ideas over the Internet and do not actively
monitor subscriber activity under normal
circumstances. Similarly, we do not exercise
editorial control over the content of any web
site, e-mail transmission, newsgroups, or other
material created or accessible over or through
the services, except for certain proprietary Web
sites. However, in accordance with our TOS
(Terms of Service), we may remove any materials
that, in our sole discretion, may be illegal,
may subject us to liability, or which may
violate this TOS. Reliable-Server.com may cooperate
with legal authorities and/or third parties in
the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of
this TOS may result in the suspension or
immediate termination of either your Reliable-Server.com account or other actions as
detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic
understand of Reliable-Server.com 's Terms of Service. The following are guidelines for the
establishment and enforcement of
Reliable-Server.com 's TOS:
-
Ensure reliable service to our customers
-
Ensure security and privacy of our
systems and network, as well as the networks
and systems of others throughout the expanse
of the global Internet
-
Comply with existing domestic and
international law
-
Maintain our reputation as a responsible
service provider
-
Encourage responsible use of the
Internet and discourage activities which
reduce the usability and value of Internet
services
-
# Preserve the value of Internet
resources as a conduit for free expression
and exchange of information
-
Preserve the privacy and security of
individual users
Reliable-Server.com intends to provide its
customers access to everything the Internet has
to offer. While the Reliable-Server.com is firmly
committed to the principles of free speech,
certain activities that may be damaging to the
resources of both the Reliable-Server.com and the
Internet and cannot be permitted under the guise
of free speech. The resources of the
Reliable-Server.com and the Internet are limited,
and abuse of these resources by one user has a
negative impact on the entire community.
We do not routinely monitor the activity of
accounts except for measurements of system
utilization and the preparation of billing
records. However, in our efforts to promote good
citizenship within the Internet community, we
will respond appropriately if we become aware of
inappropriate use of our service.
You may not use your dedicated server or
co-location server which Reliable-Server.com
determines, at its sole discretion, to be
unlawful, indecent or objectionable. For
purposes of this policy, "material" refers to
all forms of communications including narrative
descriptions, graphics (including photographs,
illustrations, images, drawings, logos),
executable programs, video recordings, and audio
recordings.
If a Reliable-Server.com account is used to
violate the Terms of Serviceor our TOS, we
reserve the right to terminate your service
without notice. We prefer to advise customers of
inappropriate behavior and any necessary
corrective action, however, flagrant violations
of the Terms of Servicewill result in
immediate termination of service. Our failure to
enforce this policy, for whatever reason, shall
not be construed as a waiver of our right to do
so at any time.
As a member of our network community, you
must use your Internet access responsibly. If
you have any questions regarding this policy,
please contact us at
abuse@Reliable-Server.com
VIOLATIONS OF Reliable-Server.com Terms of Service
The following constitute violations of this TOS:
Illegal use: Reliable-Server.com 's
services may not be used for illegal purposes,
or in support of illegal activities.
Reliable-Server.com reserves the right to cooperate
with legal authorities and/or injured third
parties in the investigation of any suspected
crime or civil wrongdoing.
Harm to minors: Use of the
Reliable-Server.com service to harm, or attempt to
harm, minors in any way, including, but not
limited to child pornography.
Threats: Use of the Reliable-Server.com
service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of
property.
Harassment: Use of the Reliable-Server.com
service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses
another.
Fraudulent activity: Use of
Reliable-Server.com service to make 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.
Unsolicited commercial e-mail /
Unsolicited bulk e-mail (SPAM): Use of the
Reliable-Server.com service to transmit any
unsolicited commercial or unsolicited bulk
e-mail is expressly prohibited. Violations of
this type will result in the immediate
termination of the offending Reliable-Server.com
account.
E-mail/News Bombing: Malicious intent
to impede another person's use of electronic
mail services or news will result in the
immediate termination of the offending
Reliable-Server.com account.
E-mail/Message Forging: Forging any
message header, in part or whole, of any
electronic transmission, originating or passing
through the Reliable-Server.com service is in
violation of this TOS.
Usenet SPAMing: Reliable-Server.com has a
zero tolerance policy for the use of its network
for the posting of messages or commercial
advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or
mailing list or that are solicited by the
recipients are permitted.
Unauthorized access: Use of the
Reliable-Server.com service to access, or to attempt
to access, the accounts of others, or to
penetrate, or attempt to penetrate, security
measures of Reliable-Server.com '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, is expressly prohibited and the offending
Reliable-Server.com account is subject to immediate
termination.
IRC/Shell Servers: Use of the
Reliable-Server.com service for IRC/Shell is
unacceptable.
Copyright or trademark infringement:
Use of the Reliable-Server.com service to transmit
any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright,
trademark, patent, trade secret or other
proprietary rights of any third party,
including, but not limited to, the unauthorized
copying of copyrighted material, the
digitization and distribution of photographs
from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of
copyrighted software.
Collection of personal data: Use of
the Reliable-Server.com service to collect, or
attempt to collect, personal information about
third parties without their knowledge or
consent.
Network disruptions and unfriendly
activity: Use of the Reliable-Server.com service
for any activity which affects the ability of
other people or systems to use Reliable-Server.com
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,
services or equipment is prohibited. It is the
Member's responsibility to ensure that their
network is configured in a secure manner. A
Subscriber may not, through action or inaction,
allow others to use their network for illegal or
inappropriate actions. A Subscriber 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.
Unauthorized entry and/or use of another company
and/or individual's computer system will result
in immediate account termination.
Reliable-Server.com will not tolerate any subscriber
attempting to access the accounts of others, or
penetrate security measures of other systems,
whether or not the intrusion results in
corruption or loss of data.
Fraud: Involves a knowing
misrepresentation or misleading statement,
writing or activity made with the intent that
the person receiving it will act upon it.
Infringement of Copyright, Patent,
Trademark, Trade Secret, or Intellectual
Property Right: Distribution and/or posting
of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses: Intentional
distributions of software that attempts to
and/or causes damage, harassment, or annoyance
to persons, data, and/or computer systems are
prohibited. Such an offense will result in the
immediate termination of the offending account.
Inappropriate Use of Software: Use of
software or any device that would facilitate a
continued connection, i.e. pinging, while using
Reliable-Server.com services could result in
suspension service.
Third Party Accountability: Reliable-Server.com subscribers will be held
responsible and accountable for any activity by
third parties, using their account, that
violates guidelines created within the
Terms of Service.
Security: You are responsible for any
misuse of your account, even if the
inappropriate activity was committed by a
friend, family member, guest or employee.
Therefore, you must take steps to ensure that
others do not gain unauthorized access to your
account. In addition, you may not use your
account to breach security of another account or
attempt to gain unauthorized access to another
network or server.
Your password provides access to your
account. It is your responsibility to keep your
password secure.
Sharing your password and account access with
unauthorized users is prohibited. You should
take care to prevent others from using your
account since you will be held responsible for
such use.
Attempting to obtain another user's account
password is strictly prohibited, and may result
in termination of service.
You must adopt adequate security measures to
prevent or minimize unauthorized use of your
account.
You may not 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 you, logging
into or making use of a server or account you
are not expressly authorized to access, or
probing the security of other networks. Use or
distribution of tools designed for compromising
security is prohibited. Examples of these tools
include, but are not limited to, password
guessing programs, cracking tools or network
probing tools.
You may not attempt to interfere with service
to any user, host or network ("denial of service
attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a
host.
Users who violate systems or network security
may incur criminal or civil liability.
Reliable-Server.com 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.
Network Performance:
Reliable-Server.com
accounts operate on shared resources. Excessive
use or abuse of these shared network resources
by one customer may have a negative impact on
all other customers. Misuse of network resources
in a manner which impairs network performance is
prohibited by this policy and may result in
termination of your account.
REPORTING VIOLATIONS OF Reliable-Server.com
TOS
Reliable-Server.com requests that anyone who
believes that there is a violation of this TOS
direct the information to the Abuse Department
at abuse@Reliable-Server.com .
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 system log
files
Other situations will require different
methods of providing the above information.
Reliable-Server.com may take any one or more of the
following actions in response to complaints:
-
Issue written or verbal warnings
-
Suspend the Member's account
-
Terminate the Member's account
-
Bill the Member for administrative costs
and/or reactivation charges
-
Bring legal action to enjoin violations
and/or to collect damages, if any, cause by
violations
REVISIONS TO THIS Terms of Service
Reliable-Server.com reserves the right to revise,
amend, or modify this TOS, our TOS (Terms of
Service) 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 our TOS (Terms of
Service). |