Terms Of Service
Terms Of Service
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2.) Content
All services provided by RekanHosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless RekanHosting from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse at rekanhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared Servers include: 1. IRC Bots 2. Proxy Scripts / Anonymizers 3. Pirated Software / Warez, image 4. Filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation) 5. Topsites 6. Commercial audio streaming (more than one or two streams) 7. Escrow 8. High-Yield Interest Programs(HYIP) or related sites 9. Investment sites (FOREX, egold exchange) 10. Sale of any controlled substance without prior proof of appropriate permit(s) 11. AutoSurf sites 12. Bank Debentures 13. Bank Debenture Trading Programs 14. Prime Banks Programs 15. Lottery sites 16. Muds / rpg's, hate sites 17. Hacker focused sites/archives/programs, or sites promoting illegal activities 18. IP Scanners 19. Brute Force Programs 20. Mail Bombers and Spam Scripts 21. Forums that distribute or link to warez content is prohibited.
Proxy hosting is only allowed on our proxy plans.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
RekanHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
RekanHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of RekanHosting.
4.) Payment Information
You agree to supply appropriate payment for the services received from RekanHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify RekanHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
If invoices are not paid after 10 days the account may be terminated and all files may be deleted.
RekanHosting reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Cancellation
Subscribers must notify RekanHosting in writing via requesting cancellation from email form when they wish to cancel their account. Cancellation must be initiated at least 5 days before the cancellation date and this must be at least 5 days prior to the next invoice date or the client will be billed for the next month.
RekanHosting reserves the right to cancel / suspend any account for any reason at any time.
6.) Refunds
RekanHosting gives you an unconditional 30 day money back guarantee for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 45 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7.) Backups & Data Loss
Your use of the service is at your sole risk. RekanHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on RekanHosting servers. RekanHosting makes daily backups, but you should still keep a backup of your content on your local machine.
8.) Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
9.) Public feedback
We have a zero tolerance policy for posting negative feedback on any public location about our company and/or our employees before submitting a ticket to our sales / technical support department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our sales department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please do not sign up with us.
10a.) Resource Usage
User may not:
1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
10b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
11.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
12a.) Money back Guarantee
On dedicated servers and virtual private servers no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of RekanHosting`s managed shared and reseller plans carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
12b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.5% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of RekanHosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales at rekanhosting.com with justification. All requests must be made in writing via email / support tickets. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
13.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold RekanHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against RekanHosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RekanHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RekanHosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from RekanHosting`s server.
14b.) Arbitration
By using any RekanHosting services, you agree to binding arbitration. If any disputes or claims arise against RekanHosting or its subsidiaries, such disputes will be handled by an arbitrator of RekanHosting`s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
RekanHosting shall not be responsible for any damages your business may suffer. RekanHosting makes no warranties of any kind, expressed or implied for services we provide. RekanHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by RekanHosting and its employees.
16.) Disclosure to law enforcement
RekanHosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
17.) Changes to the Terms
RekanHosting reserves the right to revise its policies at any time without notice. |