All R-Design Group customers must abide by the following Terms and Conditions of
service:
WEB HOSTING SERVICE AGREEMENT & ACCEPTABLE USE POLICY
This Web Hosting Agreement (this
"Agreement") sets forth the terms and conditions of your use of R-Design Group ("R-Design
Group") for web hosting services. You certify that you are at least 18 years of age.
To become a R-Design Group account holder, you must read and agree to be bound by
all terms and conditions of this Agreement, the fee schedules on the Online Order
forms and any policies that are or may be published by R-Design Group. This Agreement
will become effective when accepted by R-Design Group. By posting notice 30 days
in advance at a web page available on our web site (http://R-DesignGroup.com), R-Design
Group may modify the terms and conditions of this Agreement or the prices of its
services, as well as discontinue or change the services offered. You will be bound
by the modified Agreement, prices and/or policies if you continue to use the services.
1.
Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions
of R-Design Group's services as offered by R-Design Group and used by you, including
the provision of web hosting services on R-Design Group's servers and connectivity
to the Internet (the "Services"). R-Design Group will provide the Services for the
amount of server storage space selected in exchange for payment of fees and full
compliance with the terms and conditions of this Agreement. In performing the Services,
R-Design Group maintains control and ownership of any and all Internet protocol ("IP")
numbers and addresses that may be assigned to you and reserves the right to change
or remove any and all IP numbers and addresses at its sole discretion.
1.2. As part
of the Services, R-Design Group will also provide your own web-based control panel
(the "Control Panel") containing links to your payment history, summaries of the
Services you have chosen, newsletters and other current information.
1.3. You are
responsible for producing, electronically uploading and maintaining HTML files, execution
scripts, applets and applications (the "Upload Materials") to your website, and you
hereby warrant that all Upload Materials shall be owned or properly licensed by you
and shall not adversely impact the Services or violate any rights of any third parties.
You are responsible for ensuring that all Upload Materials will function properly
and as intended. You are responsible for all activity originating from your website,
unless proven to be a victim of outside hacking or address forgery. You assume responsibility
for all material on your website that may be put on by a third party (such as the
usage of Free For All links pages). Use of the Services requires a certain level
of knowledge in the use of Internet languages, protocols, and software, which can
vary depending on your anticipated use and desired content of your website, and includes,
but is not limited to, the following: web publishing requires knowledge of HTML,
properly locating and linking documents, FTPing web contents, graphics, text, sound,
image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage
tools as well as Telnet and FTP understanding and capability; CGI-scripts requires
knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts,
permissions, etc.; and mail requires knowledge of use of mail clients to receive
and send mail, etc. You acknowledge that you have the necessary knowledge to create,
modify and maintain your website. R-Design Group assumes no responsibility to provide
you with such knowledge.
1.4. In connection with the Services, R-Design Group may
provide for your use certain tools and software, including, but not limited to, certain
specialty scripting software and/or certain programming language software for designing
websites (collectively, the "Tools"). Access to these Tools may be accessed via your
Control Panel. These Tools are copyrighted and proprietary property owned by R-Design
Group. To the extent that such Tools are provided to you, you are granted a nonexclusive,
nontransferable license to use the Tools in object-code form only for your internal
use, solely in connection with the Services provided under this Agreement.
1.5. Every
hosting account with R-Design Group features a 30-day money back guarantee. If you
choose to cancel your account within the first 30 days and notify us by calling the
Customer Service number or using the form located at: http://R-DesignGroup.com/contact/cancel_domain.html,
we will refund all routine account fees, exclusive of any set up or domain names
fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees.
1.6.
For server restoration purposes only, R-Design Group makes full back-ups of websites
weekly, and backups of new/changed data nightly; however, R-Design Group makes no
guarantees of any kind, either expressed or implied, as to the integrity of these
back-ups. You are responsible to maintain local copies of your website. If loss of
data occurs due to an error of R-Design Group, R-Design Group will attempt to recover
the data for no charge. Otherwise, R-Design Group will attempt to recover the data
from the most recent archive for a $50 fee.
1.7. R-Design Group reserves the right
to monitor its systems electronically and to access and disclose any information
as permitted or required by any law, regulation or other governmental request to
operate its systems properly, to protect itself or its account holders or for any
other reason it in good faith deems necessary. R-Design Group will fully cooperate
with law enforcement authorities in investigating suspected lawbreakers and reserves
the right to report to law enforcement any suspected illegal activity it becomes
aware of. It is not R-Design Group's intention that its Services or facilities be
used in contravention of the Communications Decency Act of 1996 (the "CDA") or any
other applicable law.
1.8. You agree to comply with the requirements of the CDA and
the Digital Millennium Copyright Act (the "DMCA") and acknowledge that R-Design Group
is a "service provider" under the DMCA and is therefore immune from liability under
the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, R-Design Group will
accommodate standard technical measures used to identify and protect copyrighted
works, and, as further described herein, R-Design Group has a policy of terminating
accountholders who are copyright infringers. For further information on the R-Design
Group DMCA policy and procedures, please see DMCA.
1.9. Websites are unmodified forums
containing the personal opinions and other expressions of the persons who post entries
on a wide range of topics. Neither the content of websites located on R-Design Group's
servers nor the links to other websites are screened, approved, reviewed or endorsed
by R-Design Group. R-Design Group is not a publisher of any of the content of websites,
or of any content that may be available through the links to and from them, and is
acting solely as an Internet web-hosting service provider. The text and other material
on such websites are the opinion of the specific author and are not R-Design Group's
statements of advice, opinion or information.
2. Limited Warranty; Limitation of Liability;
Indemnification
2.1. Disclaimer of Warranties. You acknowledge that the Services are
provided "as is." Neither R-Design Group, nor any of its employees or agents, warrants
that the Services will be uninterrupted, error free or free from viruses or other
harmful components. R-Design Group is not responsible for and hereby disclaims any
warranties, either expressed or implied, regarding the quality, accuracy, or validity
of the data and/or completeness, non infringement, merchantability or fitness for
a particular purpose of information available on its servers or residing on or passing
through its interconnecting networks. Use of information obtained from or through
the Services is at your risk. Under no circumstances will R-Design Group be liable
to you or any other person for any loss or damage caused by your reliance on information
available on its servers or obtained through the Services.
2.2. Limitation of Liability.
IN NO EVENT SHALL R-DESIGN GROUP’S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE
OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES
RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION
TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE R-DESIGN GROUP’S SERVICES (INCLUDING,
BUT NOT LIMITED TO, INOPERABILITY OF R-DESIGN GROUP’S SERVERS), REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN
IF R-DESIGN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS
DESCRIBED HEREIN WILL ALSO APPLY TO ALL DOMAIN NAME DISPUTES, INVOLVING BOTH NEW
DOMAIN REGISTRATIONS AND RENEWALS OR ANY FAILURE TO RENEW. NO EVENT SHALL R-DESIGN
GROUP’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO R-DESIGN GROUP FOR
THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS or the fees associated with domain
name registration. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, R-DESIGN GROUP’S LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify,
defend and hold R-Design Group and its affiliates, directors, officers, employees
and agents harmless from and against any liabilities, losses, damages or costs, including
reasonable attorneys' fees, resulting from any third-party claim, action, dispute
or demand related to your use of the Services, your violation of any of the provisions
of this Agreement or from your placement or transmission of any materials or content
onto R-Design Group's servers. Such liabilities may include, but are not limited
to, those arising from the following: (a) with respect to your business, (i) infringement
or misappropriation of any intellectual property rights; (ii) defamation, libel,
slander, obscenity, pornography, or violation of the rights of privacy or publicity;
or (iii) spamming, or any other offensive, harassing or illegal conduct or violation
of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction
to R-Design Group's equipment or to any other account holder, which damage is caused
by or otherwise results from acts or omissions by you, your representative(s) or
your designees; (c) any personal injury or property damage arising out of your activities
related to the Services, unless such injury or property damage is caused solely by
R-Design Group's gross negligence or willful misconduct; and (d) any other damage
arising from your equipment or your business.
3. Payment of Fees
3.1. R-Design Group
will publish a notice of fee increases 30 days before such increases take effect
on the web site. A listing of current monthly and/or annual fees can be found at
the http://R-DesignGroup.com.
3.2. You agree to provide R-Design Group with accurate
and complete billing information, including your legal name, address, telephone number,
e-mail address and applicable payment date and to update this information immediately
if any change occurs. You must secure your account with a valid credit card. Payments
must be submitted in advance of receiving the Services.
3.3. You acknowledge that
R-Design Group will bill your credit card prior to the Payment Interval you have
chosen. You authorize automatic billing by R-Design Group on an on-going basis during
the term of this Agreement. All accounts will be billed at each designated interval
(monthly, quarterly, or annually) automatically and without specific notice. You
are responsible for terminating account(s) and associated billing except as noted
here in cases of violation of R-Design Group policies. You are responsible for any
overdraft or over limit fees that may result if there are insufficient funds in your
account to cover your hosting or domain name or related service fees. Further, you
authorize R-Design Group to charge any overdraft or over limit fees to your account.
3.4. Delinquent accounts are those that remain unpaid at the beginning of the next
Payment Interval. The Services will be suspended if your account is delinquent, and
R-Design Group will insert a message at your website indicating your suspension that
visitors to your website will see. Notwithstanding any other rights R-Design Group
may have in this Agreement, all of your website contents will be destroyed if your
account is delinquent for 60 days. R-Design Group accounts continue to accrue charges
while they are delinquent or if the Services are suspended.
3.5 The term of this agreement is specified by the user via the order form, and renewal
of the term along with associated billing will be done as detailed in section3.3
above.
3.6. You acknowledge responsibility for your account until payment in full
is made.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of
abuse, violation and misuse of the Services, whether described in this Section 4
or otherwise, shall be investigated promptly. If you are not sure if your actions
will be an abuse, violation or misuse, please ask first: abuse@R-DesignGroup.com.
You
are responsible for all use of your website, with or without your knowledge or consent.
You
agree to use the Services only for lawful purposes, in compliance with all applicable
laws. Illegality includes, but is not limited to, drug dealing; attempting without
authorization to access a computer system; pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators);
gambling; schemes to defraud; trafficking in obscene material; sending a message
or having content that is obscene, lewd, lascivious, filthy, or indecent with intent
to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage
to individuals or groups; violating U.S. export restrictions; stalking; or violating
other state or federal law, such as the Electronic Communications Privacy Act, the
Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material
is also prohibited.
When R-Design Group becomes aware of possible violations of this
Agreement, R-Design Group may initiate an investigation that may include gathering
information from you and the complaining party, if any, and examination of material
on R-Design Group's servers. R-Design Group, in its sole discretion, will determine
what action will be taken in response to a violation on a case-by-case basis. Violations
of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS
AGREEMENT, YOU AGREE TO WAIVE AND HOLD R-DESIGN GROUP HARMLESS FROM ANY CLAIMS RELATING
TO ANY ACTION TAKEN BY R-DESIGN GROUP AS PART OF ITS INVESTIGATION OF A SUSPECTED
VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF
THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
WHATSOEVER FROM R-DESIGN GROUP AS A RESULT OF R-DESIGN GROUP’S DECISION TO REMOVE
MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY
OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF
R-DESIGN GROUP’S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO
ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials
in the public domain (e.g., images, text, and programs) may be downloaded or uploaded
using the Services. You may also re-distribute materials in the public domain. You
assume all risks regarding the determination of whether the material is in the public
domain.
You are prohibited from storing, distributing or transmitting any unlawful
material through the Services. Examples of unlawful material include, but are not
limited to, threats of physical harm, child pornography, and copyrighted, trademarked
and other proprietary material used without proper authorization. Pornography and
sex-related merchandising, or links to such material, even if legal, are not acceptable
uses of R-Design Group's servers. You may not post, upload or otherwise distribute
copyrighted material on R-Design Group's servers without the consent of the copyright
holder.
Unacceptable uses of website content also include the presence of the following
programs or the activities associated with them, regardless of whether or not any
actual intrusion results in the corruption or loss of data: server broadcast messages
or any message sent on an intrusive basis to any directly or indirectly attached
network; attempts to circumvent any user authentication or security of host, network,
or account; accessing data not intended for user; probing the security of any network;
spawning dozens of processes; port scans, ping floods, packet spoofing, and forging
router information; denial of service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots,
such as eggdrop or BitchX.
R-Design Group supports free speech on the Internet and
will not suspend or cancel your account simply because it disagrees with your views
expressed at your website. However, examples of unacceptable activities include posting
private information about a person without his or her consent, defaming a person
or business, and knowingly making available code that will have a deleterious effect
on third-party computers. Where there are allegations that your on-line activity
has violated the legal rights of a third party, R-Design Group will not substitute
itself for a court of law in deciding tort claims raised by the third party.
4.3.
Email Use. Unacceptable affronts to netiquette and unacceptable activities include,
but are not limited to, the following: spamming (sending unsolicited advertising
to those with which you have no existing business relationship and posting off-topic
advertising in newsgroups); spoofing (using a return email address that is not the
valid reply address of the sender or sending an email message that does not contain
enough information to enable the recipient to identify you); passive spamming (promoting
a website hosted by R-Design Group by spamming from some other source); trolling
(posting controversial messages in newsgroups to generate responses); mailbombing
(inundating a user with email without any serious intent to correspond or sending
large or multiple files to a user); generating a higher volume of outgoing mail than
a normal user (over 10% of available system resources); propagating chain letters;
and subscribing someone else to an electronic mailing list without that person's
permission. A message is considered unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not requested the message. Making
an email address available to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also prohibited. All recipients
on a mailing list must have personally subscribed. Mailing lists may not be used
to distribute unsolicited email. If you are repeatedly mailbombed or attract such
behavior, the Services will be terminated.
You should not send email to any user who
does not wish to receive it, either at R-Design Group or elsewhere. R-Design Group
recognizes that email is an informal medium; however, you must refrain from sending
further email to a user after receiving a request to stop.
R-Design Group reserves
the right to zip (compress) any customer email box that exceeds 50 megs in size.
Customers with zipped boxes will be notified and instructed on how to access or download
their zipped email files. If zipped boxes remain unaccessed for 30 days R-Design
Group reserves the right to delete the email box.
You may not alter the headers of
email messages to disguise their identity or to prevent users from responding to
the messages. R-Design Group may disclose the usernames of accounts responsible for
forged email messages to system administrators or users requesting the information.
Violations
of the R-Design Group policies outlined herein can sometimes result in massive numbers
of email responses. If you receive so much email that R-Design Group resources are
affected, R-Design Group staff may shut down your mailbox.
R-Design Group reserves the right to subscribe to multiple RBLs (real-time blocking
lists) and other server-wide spam and virus fighting measures we deem necessary to
automatically block known open SMTP relays and known spamming relays. As per Section
2, R-Design Group will not be liable for any costs or damages associated with any
failure to receive legitimate email due to our spam fighting procedures. Clients
do have the option to request relocation of their service to a non-RBL configured
server by contacting R-Design Group support.
4.4. System Security. You are prohibited from utilizing the Services to compromise
the security of system resources or accounts on servers at R-Design Group or at any
other site. Use or distribution of tools designed for compromising security or containing
viruses or trojans are prohibited. Examples of these tools include, but are not limited
to, password guessing programs, cracking tools or network probing tools.
If you are
involved in violations of system security, R-Design Group reserves the right to release
all usernames of users involved in such violations to system administrators at other
sites in order to assist them in resolving security incidents. R-Design Group will
also fully cooperate with law enforcement authorities in investigating suspected
lawbreakers.
4.5. System Resources. System abuse includes any use of R-Design Group
resources that disrupts the normal use of its servers or services for others. Examples
of system abuse include running excessive numbers of processes or consuming excessive
amounts of CPU time, memory or disk space.
Any usage of 10% or more of R-Design Group's
system resources is an undue burden on R-Design Group's system and is unacceptable.
If your usage ever exceeds 10% of system resources, your account may be terminated
immediately and without prior notice.
Further, running programs in the background
on a R-Design Group server without R-Design Group's prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day
and the like are not acceptable uses of R-Design Group's servers.
Due to their use
of flat files instead of databases, R-Design Group does not allow the use of UBB
or YABB bulletin boards. Use of these boards for large or very active forums may
result in system performance degradation, and cannot be allowed in our shared server
environment. R-Design Group suggests using VBulletin or phpBB as more efficient,
database-driven alternatives to these bulletin boards.
5. R-Design Group's Right
to Terminate Agreement
(a) R-Design Group reserves the right to suspend or terminate
the Services to you and remove or prevent access to any material from your website
at any time, without prior notice or liability, for any conduct that R-Design Group,
in its sole discretion, believes violates this Agreement or is otherwise harmful
to R-Design Group's interests or the interests of other accountholders. (b) R-Design
Group also reserves the right to comply with the take-down provisions of the DMCA
and to seek injunctive, declaratory, interpleader or other judicial or equitable
relief (and, pending such action, to suspend all access to your website) if any third-party
claim is made that your website content or use violates any of the acceptable uses
or your obligations or representations described in this Agreement.
6. Cancellation
of Accounts
6.1. You must cancel your R-Design Group account by using the form located
at: http://R-DesignGroup.com/cancel_domain.html
Accounts closed after 30 days of initiation or annual renewal do not qualify for
refund of any pre-paid fees, including annual accounts.
6.2. All R-Design Group accounts
must be paid in full before the cancellation will be considered complete.
6.3. If
your account is suspended or terminated for any reason permitted by this Agreement,
R-Design Group may, at its sole discretion, permanently delete your website contents
from R-Design Group servers, and R-Design Group will not be able to reopen or restore
such content.
7. Arbitration; Governing Law
7.1. Except for R-Design Group's compliance
with take-down provisions of the DMCA or injunctive or other equitable actions initiated
by R-Design Group pursuant to Section 5(b), if any controversy or dispute arises
in connection with this Agreement, the Services or your use of R-Design Group's servers,
such controversy or dispute shall first be presented for resolution by R-Design Group
and you. If no resolution is reached within 7 days thereafter, then such controversy
or dispute shall be resolved by binding arbitration in San Diego, California, under
the then-current rules of commercial arbitration of the American Arbitration Association.
Each party shall select an arbitrator with expertise in computer law and the Internet,
and these two arbitrators shall select the third arbitrator with such expertise.
The validity, terms, performance and enforcement of this Agreement shall be governed
and construed by its provisions and in accordance with the laws of the State of California
(without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally
consent to submit to the exclusive jurisdiction of the state and federal courts located
in Columbus, Ohio, for any action, suit or proceeding arising out of or relating
to Section 5(b) of this Agreement and the arbitration contemplated by this Section
7.
8. Miscellaneous
You may not assign your rights and obligations under this Agreement
without the prior written consent of R-Design Group, which may be withheld at R-Design
Group's discretion. Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties. The
failure of R-Design Group to require your performance of any provision hereof shall
not affect the right to require such performance thereafter; nor shall the waiver
by R-Design Group of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. Any action for any claim arising under, or in connection
with, this Agreement must be commenced by you within one year after the alleged cause
of action has accrued or after the date of termination of this Agreement, whichever
is earlier. In the event that any provision of this Agreement is deemed unenforceable
or invalid, such unenforceability or invalidity shall not affect the remainder of
this Agreement. Such provision may be amended or replaced with one that is valid
and enforceable and which achieves, to the extent possible, the original objectives
and intent of the parties as reflected in the original provision. No provision of
this Agreement may be amended or modified by you except by means of a written document
signed or expressly assented to by R-Design Group. All terms and conditions of this
Agreement that should by their nature survive termination of this Agreement shall
so survive. This Agreement and the Online Order form, together with all amendments
or modifications to any of them, constitute the complete and exclusive agreement
between you and R-Design Group and supersede and govern all prior proposals, agreements,
or other communications.
9. Dedicated Servers and root access
Client may install or permit others to install, any operating, or Internet connectivity
software, or interfaces, enhancements or upgrades thereto or to the Software, on
the Server. Failure to permit upgrades to the installed customized versions of certain
third party software or Client alterations made to certain third party software including
Apache, PHP (including building support into Apache Linux Kernel upgrades), system
libraries, or MySQL upgrades may adversely affect server performance. Any and all
costs for work required to remedy corruption to data, damage to Hardware or Software,
or other harm resulting from installation, modification or deletion of any software
or other files by Client shall be Client’s sole responsibility, and Client shall
indemnify R-Design Group in full for same. Without limiting the generality of the
foregoing, Client agrees that installation, modification or deletion of files that
results in or contributes in any way to any outage or damage to any Hardware, Software
or Services shall result in liability to Client for technical support costs at a
rate of $150 per hour until the issue caused by the activity is resolved to R-Design
Group’s sole satisfaction. Under no circumstances shall R-Design Group be required
to provide any support with respect to any software or other files installed, modified
or deleted by Client with or without R-Design Group’s consent.
Client shall comply, and shall cause all Client Customers or other third parties
gaining access to the Hardware or Software through Client to comply, with R-Design
Group's then-current acceptable use and privacy policies (collectively, "User Policy"),
as they may reasonably be amended by R-Design Group from time to time and which are
available through R-Design Group's Web site at http://www.R-DesignGroup.com/support/policy.html.
In the event of any conflict between such Acceptable Use Policies and any terms and
conditions of this Agreement, this Agreement shall govern. R-Design Group reserves
the right to lock out, suspend or shut down any domains or Web sites that violate
any Acceptable Use Policy.
Please note that backup practices differ with dedicated servers depending on the
type of service purchased. See the Dedicated Server web page for more details.
R-Design Group has a responsibility to ensure that each of our clients is provided
with the best services we have available. While we back up files continuously, we
are in no way responsible for the archiving of a site. It is the sole responsibility
of the site creator to copy, back-up or archive all files that constitute a web site.
9. Consent to contract electronically
By clicking any R-Design Group order form "Submit
Order" button, you agree to be bound by and to comply with this Agreement just as
if you had signed it, and clicking the "Submit Order" button is the legal equivalent
of your signature on a written contract.
The following guidelines also apply:
Content
All
services provided by R-Design Group may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data, or material in violation of any
United States Federal, State, or City law is prohibited. This includes, but is not
limited to copyrighted material, material we judge to be threatening or obscene or
material protected by trade secret and other statute. The subscriber agrees to indemnify
and hold harmless R-Design Group from any claims resulting from the use of the service,
which damages the subscriber or any other party.
Pornography and sex-related merchandising
is prohibited on all R-Design Group servers. This includes sites that may infer sexual
content or links to adult content elsewhere. R-Design Group will be the sole arbiter
in determining violations of this provision.
Also prohibited are sites that promote
any illegal activity or present content that may be damaging to R-Design Group servers
or any other server on the Internet. Links to such materials are also prohibited.
Examples
of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
R-Design Group will be the sole arbiter as to what constitutes a violation
of this provision.
Free Domain Name For Life offer/New Domain Names
The One World Free
Domain Name for Life offer is valid for as long as you are a R-Design Group customer.
If the account is canceled at any time during the first year the fee for the domain
name will be charged. Domain names are your property upon registration, and cannot
be returned for refund.
Owners of domain names obtained through R-Design Group will
be contacted prior to the expiration of the domain name, and offered the opportunity
to renew the regsitration for a one year period. Contact will be made to the email
address(es) as entered by the owner at original account signup. Responsibility for
renewing any domain name lies exclusively with the owner.
Changing primary account domain name, $10.00
There is a one-time fee of $10 for replacing
an existing account domain name with another domain name, whether from spelling error(s)
or other purposes.
Changing account type, $10.00
There is a one-time fee of $10 for changing an existing
account type: as in changing a Resold account to a Stand-Alone (also called Master
or Main) account, or vice-versa. This includes changing any account to a Master or
Main account from any other type.
Chargeback fee, $25.00
There is a fee of $25 for credit card chargebacks, returned
or refused checks, or any other form of refused, returned, or denied payment.
Unsuspension fee, $10.00
There is a fee of $10 automatically applied to all suspended
accounts which must be paid in order to have accounts unsuspended.
Traffic/ Hits / Bandwidth Policy
R-Design Group accounts are provided with the following
traffic allowances:
* Standard - 10000 megabytes (10 GIGS)
* Professional - 12500 megabytes
(12.5 GIGS)
* Developer - 15000 megabytes (15 GIGS)
* Commerce - 20000 megabytes (20
GIGS)
Bandwidth usage is a simple equation - number of visits times information sent
in each visit. Since the average web page is about 50K in size, 10G equals roughly
100,000 page downloads a month! Larger files will increase traffic usage, but 10G
bandwidth provide enough capacity for 99% of all web sites on the Internet, and if
your site is becoming the next Yahoo, simply go to your control panel and click the
Upgrade button and either buy more bandwidth at $10 a gig/month or upgrade to a larger
account that comes with more. To maintain the integrity of our service, the following
will be considered violation of our Acceptable Use Policy, subject to immediate suspension:
- Sites offering download files. (This is any site where 20% or more of their monthly
traffic is from file downloads)
- Sites using more than 20% of system resources.
R-Design Group will be the sole arbiter as to what constitutes a violation of this
provision
Commercial Advertising - Email
Spamming, or the sending of unsolicited email,
from an R-Design Group server or using an email address or domain that is maintained
on an R-Design Group machine as reference is STRICTLY prohibited. R-Design Group
will be the sole arbiter as to what constitutes a violation of this provision.
Chat
Rooms
We do not allow clients to install their own chat rooms. These tend to be a
large drain on system resources and we cannot allow it as an account option
Background
Running Programs
We may allow programs to run continually in the background. These
are considered on a case-by-case basis and an extra charge will be incurred based
on system resources used and operational maintenance needed.
IRC
We currently do not
allow IRC or IRC bots to be operated on our servers.
Domain Pointing
Domain pointers
are to be used for the purpose of having more than one way to find the same site,
not for the purposes of sharing an account among multiple sites. A domain pointer
may not be set up to reference a subdirectory within an existing Web hosting account
served by R-Design Group or any other provider.
Server Abuse
Any attempt to undermine
or cause harm to a server, or customer, of R-Design Group is strictly prohibited,
and will result in immediate termination or prosecution.
Refusal of Service
We reserve
the right to refuse, cancel, or suspend service at our sole discretion.
Billing Problems
and Termination
Accounts paid by credit cards which are rejected by our online card
processor are grounds for termination. If you need to replace your credit card info
you can call our 858.551.2709 number (please have your username and password handy)
or use the following link to securely update your info:
Because of the risk of credit card fraud, any account which offers two bad credit
cards within any 6 month period will be subject to immediate termination.
All Sub-Networks,
distributive hosting sites and dedicated servers of R-Design Group must adhere to
the above policies.
Failure to follow any term or condition will be grounds for immediate
account deactivation without refund.
