HostRocket Terms of Service

Last Revision: 8/7/09

Any individual who purchases or utilizes services provided by HostRocket.com, Inc. or any of its affiliates are unconditionally bound to the terms set forth in this document.By purchasing or utilizing services provided by HostRocket.com, Inc. it is understood that you have read and agree wholly with the terms set forth by this agreement.

HostRocket.com, Inc and its affiliates reserve the right to revise this agreement at any time without providing direct notice to those whom it affects.It is understood that any individual purchasing or utilizing services provided by HostRocket.com, Inc will review this document periodically for any changes.

HostRocket.com, Inc will use the terms set forth in this agreement as a guideline to settle disputes between HostRocket.com, Inc and the individuals that purchase or utilize its services.The terms of this agreement set forth the entire agreement between HostRocket.com, Inc and the individuals purchasing or utilizing its services, and supersedes any and all prior agreements of the parties involved.

Any breach of this agreement by an individual purchasing or utilizing services by HostRocket.com, Inc. may result in the services of the individual being suspended or terminated with or without notice.

Any questions clarification, or challenge of the terms set forth in this agreement may be submitted in writing via email to support@hostrocket.com.

1. Definitions

1.1. "Customer", "you", "your", et al. shall refer to any individual seeking to purchase or utilize any service provided by HostRocket.com, Inc.This also includes any agent of the aforementioned party.

1.2. "HostRocket", "we", "us", "our", et al. shall refer to the provider HostRocket.com, Inc.

1.3. "Employee" shall refer to an agent of HostRocket authorized to act on the behalf of HostRocket.

1.4. "Services" shall collectively refer to any service and the billing associated with it that HostRocket agrees to provide the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.

1.5. "Servers" shall collectively refer to any hardware provided by HostRocket that a Customer utilizes.

1.6. "Sites" shall collectively refer to any website maintained by a Customer provided by HostRocket.

1.7. "Account" shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from HostRocket.

1.8. "In writing" and "written consent" shall refer to communication and/or permission established over email between the Customer and support@hostrocket.com.

2. HostRocket Services

2.1. HostRocket agrees to provide any and all services requested by the Customer during signup as put forth by the package selected by the Customer.HostRocket will not be expected to provide any other services unless agreed to in writing between the Customer and an Employee.All Services that HostRocket provides shall be bound by the terms of this agreement.

2.2. Any change to a Service made by HostRocket on behalf of the request of a Customer that is not part of a standard package or Service will be considered to be temporary in nature.These changes are made on a case-by-case basis, and may not be preserved when other changes are made to the Services.HostRocket will not be held responsible for any downtime or issues related with this section.

2.2.1. Any aforementioned change may be removed at any time with or without notice if it is found to have a negative effect on the Services.

3. Accounts and Billing

3.1. Each Customer that contracts service with HostRocket will be setup with an account that consists of accurate contact and billing information as verified by the Customer.Failure to provide truthful information may result in the suspension or termination of the Account.

3.2. Information provided to HostRocket by the Customer may be shared with third party services to determine a fraud risk score, to bill the credit card on file, or to contract service on behalf of a customer, as is the case with "domain registration".HostRocket will never share customer information with any third party under any circumstance outside of this requirement.

3.3. New Accounts are established under the following conditions:

3.3.1. Full payment has been received as per the invoice generated at signup.

3.3.2. The order has been successfully screened for fraud by both a third party and an Employee, and is determined not to be fraud by both a third party and an Employee.

3.3.3. The Employee reviewing the signup accepts the order.

3.4. HostRocket retains the right to reject any order at any time for any reason with or without notice.In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded.The Customer may request the reason for cancellation in writing.

3.5. All Services are billed on a recurring basis according to the package chosen at signup, or as determined by a Customer and Employee in writing after an Account has already been established, as in the case of an "upgrade".Payment is automatically attempted via the credit card on file on the anniversary date of the Service.

3.5.1. Automatic billing cannot be stopped unless the Services are terminated as outlined in Section 3.12.

3.5.2. All Services are billed up-front according to the billing term selected.

3.6. All Accounts with HostRocket must have valid contact information on file that is kept up-to-date at all times as verified by the Customer.This includes, but is not be limited to, name, physical address, phone number, and email address.

3.6.1. The email address on file must not be one provided by HostRocket.

3.6.2. HostRocket cannot be held liable for any reason in the event that we cannot get in contact with the Customer due to inaccurate contact information.

3.7. A valid credit card must always be on the Account established with HostRocket as verified by the Customer.Other forms of payment are not normally accepted unless agreed to in writing with an Employee.In the event that there is no valid payment option established with an Account, the Account may be suspended until a valid payment agreement is established.

3.7.1. Customers who establish a form of payment that is not normally accepted by HostRocket are responsible for tracking the renewal date of the Service and submitting payment before the renewal date is reached.HostRocket is not liable if an Account is suspended due to lapse in payment.

3.7.2. HostRocket is not required to send an invoice before payment is due.

3.8. All communication regarding the Account initiated by HostRocket with a Customer shall take place via email.HostRocket assumes the email address provided on the Account is accurate and up-to-date, and will make no additional effort to contact you.

3.8.1. Customers reserve the right to be notified of any action taken on their account in accordance with this clause unless otherwise noted in these terms.

3.9. In the event a Customer owes money to HostRocket for any reason, any Services the Customer has with HostRocket may be suspended to attempt to collect payment, with or without notice.

3.10. Billing for all Services a Customer maintains with HostRocket remains active while an Account or Service is suspended.Any payment that comes due during the time an Account or Service is expected in full, and must be paid prior to Service being reinstated.

3.11. Bank disputes (i.e. "chargebacks") are grounds for immediate termination of an Account without notice from HostRocket.In the event that a bank dispute is received from a Customer, the Account will be suspended and/or terminated.If a Customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.

3.12. If a Customer wishes to terminate Services or an Account provided by HostRocket, it must be requested in writing via email to support@hostrocket.com, or by logging into the billing system and requesting cancellation.

3.12.1. The Customer will be entitled to at least 50% of the remaining balance on the account as of the day cancelled in the case of pre-paid Services, unless otherwise determined by an Employee.

3.12.2. Setup fees, domain name registration/transfer fees, add-on Service fees, and one-time service charges are not eligible for refunds.

3.13. In the event that an Account or Service is terminated at the discretion of an Employee for any reason, no refund will be due, nor will a backup of any data stored on the Servers be provided unless otherwise determined by an Employee.

3.14. Unless otherwise noted, any and all promotions are reserved for first-time account holders, and will not be honored for existing Accounts unless approved by a HostRocket manager.

4. Sites, Services and Content

4.1. Services provided by HostRocket are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws.Failure to comply with this section will result in immediate termination and/or suspension of the Account.

4.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.

4.3. The Customer is wholly responsible for any action taken on their Account in any way.The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.

4.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert HostRocket in writing to this fact as soon as possible.The Customer may be held liable for any service charges accumulated by any action taken by the third party.

4.4. HostRocket considers certain material to be unacceptable.If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee.Examples of unacceptable material include, but are not limited to:

4.4.1. Pornographic or adult material

4.4.2. Fraudulent activities of any kind

4.4.3. IRC and IRC related tools

4.4.4. Copyrighted material without explicit consent to use and/or distribute

4.4.5. Network/computer scanning or attack software

4.4.6. Exploits

4.4.7. Software licenses, license generation software, software "cracks"

4.4.8. Site mirroring

4.4.9. Upload services of any kind

4.4.10. Spiders of any kind

4.4.11. Computer viruses/malicious software of any kind

4.4.12. Proxy scripts or services

4.4.13. Ponzi or pyramid schemes

4.4.14. Pharmacy or pharmacy-like services

4.4.15. Racist, hateful, or harassing content

4.4.16. Hacking related information or services

4.4.17. SPAM of any kind

4.5. Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service.Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file.Any backups discovered that are in violation of this section will be removed by an Employee without notice.

4.6. Any unattended process or command is prohibited from being run on the Services at any time.Any process or command that listens on a network port or opens a file socket is prohibited from being run on the Services at any time.Any daemon is prohibited from being run on the Services at any time.Processes or commands found to be violating this section will be terminated immediately without notice.Further action is at the discretion of an Employee.

4.6.1. Scheduled jobs (i.e. "cronjob", "crontab") may be run no more frequently than once every 10 minutes.Scheduled jobs may not take longer than five minutes to complete their task.Any scheduled jobs violating this section will be terminated, and disabled.

4.7. No action taken on the Services should result in a connection to a network outside of the Services unless express written consent has been obtained both from HostRocket and the network the Customer wishes to connect to.Accounts in violation of this section may be suspended.

4.8. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.

4.8.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service.Examples include, but are not limited to the hosting of music or videos whether for personal or public use.Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.

4.9. Services are not to be used for the sole purpose of load balancing.Services may not be used to provide storage for data that is not used directly on the Site.This includes, but is not limited to, utilizing the Services solely for the purpose of hosting images, videos, music, large downloads, SQL databases, or streams. Any Account violating this section will be suspended and may be terminated at the discretion of an Employee.

4.10. Multimedia streaming is not permitted on the Services without first receiving written consent from an Employee.

4.11. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.

4.12. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced.Violating this section is considered exploitation as per Section 4.2 and will result in suspension, and possibly termination, of the Account.

5. E-mail Services

5.1. HostRocket has the explicit right to determine what email may leave or enter our network.Email may be filtered or deleted without notice as determined by an Employee.If an Account is found to be sending email that an Employee deems unfit to leave our network, the Account will be suspended.

5.2.Customers are prohibited from using the Services to send SPAM.The recipients of any email sent from the HostRocket network must first consent to receiving email from the sending Account.Any violation of this section will result in immediate suspension and/or termination of the Account.

5.2.1. Any email sent to a purchased list, or a list consisting of email address not gathered with consent to send email directly to any of the email addresses on the list is considered in violation of this section.

5.2.2. HostRocket has the final say in determining if an email message is SPAM.

5.3. A Customer shall not use the Services solely for email hosting.Any Account found to be used solely for email hosting . will be warned in writing, and granted a 10-day grace period to seek new accommodations.If the Account is not relocated after the grace period has expired, the Account will be suspended.

5.4. Any email stored in the "Trash" folder is considered to be deleted and may be removed from the server at any time without notice.

5.5. "Postmaster" mailboxes shall not be used to store email.Any email within a "postmaster" mailbox may be removed from the server at any time without notice.

5.6. Customers are prohibited from sending more than 500 emails in any 60-minute period.Violation of this section will result in the Account being suspended.

6. Soft Limits

6.1. The limits in this section will be known as soft limits.These limits are not actively enforced, however, if an Account is found to be unequally sharing Server resources, harming the well being of a Server, or adversely affecting Server performance, these limits may be imposed on the Account.

6.2. Customers who elect to use a shared Service are expected to use the Service in a manner that is fair to other Accounts that are sharing the Service.Accounts found to be monopolizing the resources of a Service in any way that is detrimental to other Accounts on the Service may be asked to move to a dedicated Service.

6.2.1. HostRocket has the final say of what Accounts are in violation of Section 6.

6.2.2. In non-emergency situations, a grace period of three days to discuss options with HostRocket will be provided to Customers.In situations where a Service cannot continue to run while an Account is active, the Account may be suspended without a grace period.

6.3. Files over 2,097,152 kilobytes in size are not permitted on the Service.If files are discovered over the aforementioned size, a warning will be issued to the Customer, and a grace period of three days will be observed.If the files have not been removed within the grace period, an Employee will remove them without warning.

6.3.1. This section does not apply to backups waiting to be copied to a new medium as outlined in Section 4.5.

6.4. Accounts on the Services are not permitted to utilize more than 100,000 inodes at any given time.One inode is allocated for each file, directory, or symlink on the Service.Accounts in violation of this section will be warned, and a grace period of three days will be observed.If the issue is not rectified after the grace period expires, the Account will be suspended.

6.5. Bandwidth is monitored, regardless of the promise of unlimited bandwidth included with certain Services.Accounts using large amounts of bandwidth will be audited to ensure the bandwidth is being used according to the terms of this agreement.

6.5.1. Accounts using more than 15% of the total bandwidth of a Server will be considered in violation of Section 6.2.

6.6. Any Account determined to be using more than 10% of the total CPU time and/or RAM of a Server will be considered in violation of Section 6.2.

6.7. Any Account determined to be using more than 15% of the total disk space of a Server may be considered to be in violation of Section 6.2, regardless of if the Customer is within the bounds of their quota.

6.8. Accounts responsible for utilizing more than 10% of the total number of active connections on any Server may be considered to be in violation of Section 6.2.

6.9. Email that is over 256 kilobytes in size may not be stored on the server.Email that is over said size must be downloaded and removed within a reasonable amount of time after having been delivered.An Employee may remove the email after a reasonable amount of time has passed.

6.10. Email stored in the "Sent" folder may not contain attachments.Any email in violation of this section will be removed without notice.

6.11. Connections to our POP and SMTP servers are limited to five active connections per IP at any given time.You are not permitted to connect to the POP service more frequently than once every five minutes.Any violation of the aforementioned may be in breach of Section 6.2.

6.12. Connections to our IMAP server are limited to one active connection per monitored mailbox per user at any given time.Any violation of the aforementioned may be in break of Section 6.2.

6.13. "Catch-all" mailbox accounts that account for more than 15% of the total mail delivery for a particular Account may be disabled without notice."Catch-all" mailbox accounts that account for more than 10% of the total mail storage utilized by an Account may be disabled without notice.

7. Uptime Guarantee

7.1. HostRocket promises a 99.5% uptime guarantee based on the availability of the Services your Account directly utilizes over a period of 3 months.

7.2. Uptime will be judged solely by monitoring services that HostRocket directly contracts or utilizes.

7.2.1. Statistics from third-party monitoring services will not be honored for this guarantee.

7.3. Credits are not automatically applied.If a Customer wishes to challenge the guarantee, a written request must be submitted, and an Employee will investigate the claim.

7.3.1. Should a Customer successfully challenge this guarantee, a credit equal to one month of service for the affected Account(s) will be applied.A Customer is allowed one credit per quarter per Service.

7.4. Customers must pro-actively seek a solution, in writing, to any downtime they experience to be eligible for a service credit when challenging this guarantee.

7.4.1. If it is found that the Customer had not contacted us prior to challenging the guarantee, no service credit will be due.

7.5. Customers must challenge the guarantee within one month of a suspected violation.Customers who attempt to challenge the guarantee outside of this time will be due no service credit.

8. Service Credits

8.1. Service credits may only be approved by a HostRocket manager, and must be requested and granted in writing.A manager may revoke any credit received outside of these requirements without notice.

8.2. Service credits will be granted as a credit to the balance of an Account held with HostRocket or as an extension of the renewal date of a Service.Service credits can never be exchanged for a direct refund.

8.3. In the event an Account is terminated or cancelled for any reason, all service credits not yet utilized on the Account are considered null and void, and cannot be refunded.

8.4. Any request for a service credit must be submitted, in writing, within one month of the incident cited as the reason for credit due.

8.5. This document will be used when determining eligibility for a credit.HostRocket is never obligated to provide a service credit, unless otherwise noted in these terms.

9. Public Nature of the Internet and Data Integrity

9.1. The Internet, and HostRocket network, are considered publically accessible and should be treated as such.HostRocket will not be held liable for any unauthorized access to your data.Any data that is deemed confidential, classified, personal, private, et al. shall not be hosted on the Services.

9.2. HostRocket is not responsible for maintaining backups of any data stored on the Services.

9.3. HostRocket is not liable or monetarily responsible for any data loss or corruption under any circumstances.

9.3.1. This includes, but is not limited to, Sites that are compromised, modified, or changed by a Customer or third party, with or without the consent of the Customer, in any way.

9.4. HostRocket is not liable or monetarily responsible for any damages incurred due to any service outages under any circumstances.

10. Abuse and Law Enforcement

10.1. By utilizing our Services, the Customer consents to having their Account monitored for activity that may breach this agreement.Information gathered during monitoring will not be used in any way other than ensuring the terms set forth in this agreement are upheld.

10.2. It is the responsibility of HostRocket to comply with any requests set forth by law enforcement officials and courts within the bounds of United States federal and local laws.Any actions on your Account mandated by the order of . a law enforcement official or court will be taken without notice to the Customer, unless otherwise instructed by the aforementioned parties.

10.3. It is the responsibility of HostRocket to comply with properly formatted DMCA complaints as set forth by The Digital Millennium Copyright Act of 1998.In the event we receive a DMCA complaint for an Account, the Account will be suspended or partially suspended while we work with the Customer to resolve the complaint.More information about The Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf

11. Indemnification

11.1. The Customer agrees that it shall defend, indemnify, save and hold HostRocket harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostRocket, its agents, its customers, 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.

11.2. Customer agrees to defend, indemnify and hold harmless HostRocket against liabilities arising out of:

11.2.1. Any injury to person or property caused by any products sold or otherwise distributed in connection with HostRocket

11.2.2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party

11.2.3. Copyright infringement

11.2.4. Any defective products sold to customers from the Services.

12. Arbitration

12.1. By using any Services, you agree to submit to binding arbitration. If any disputes or claims arise against HostRocket or its agents or Employees, an arbitrator of HostRocket's choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.

13. Disclaimer

13.1. HostRocket is not liable for any damages or losses a Customer or the business of a Customer may suffer. HostRocket makes no expressed or implied warranties of any kind.HostRocket disclaims any warranty or merchantability for any particular purpose or service.This includes the terms of set forth by this document.

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