The following terms and conditions (these "Terms") govern the provision by RWB Hosting of the products and/or services (referred collectively herein as "Products and Services") described on the website order form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions”) and defined in any of the company’s product support listings, to the customer identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Products and Services, are referred to herein, collectively, as this "Agreement”.
1) Backup and Data Loss
Your use of this service is at your sole risk. RWB Hosting 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 backups of files and data stored on RWB Hosting's servers (in addition to any backups stored by RWB Hosting). Backups will not be provided for accounts that have been suspended or terminated for any reason.
2) Uptime Guarantee
Approval of any credit is at the discretion of RWB Hosting dependent 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 support with proper justification, all requests must be made in writing via email.
3) Bulk Email
Bulk Email is ONLY allowed to be sent from our Bulk Email VPS and ONLY to "opt-in" mailing lists. Otherwise it will be treated as a breach of TOS and the appropriate actions will be taken.
4) Zero Tolerance spam Policy
RWB Hosting take a zero tolerance stance against sending of unsolicited email and spam. Any user who sends out spam may have their account suspended and/or 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, phone, postal mail, 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 may be immediately suspended and/or terminated. RWB Hosting reserves the right to require changes or disable as necessary any web site, account, database, server or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. RWB Hosting reserves the right to charge the holder of the account used to send any unsolicited email a fee for any charges incurred for blacklist removal, the cost of the fee is entirely at the discretion of RWB Hosting and will vary depending on the severity of the listings.
5) 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 RWB Hosting 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.
6) Money back Guarantee / Refund Policy
By ordering RWB Hosting's services, you agree to adhere to our Refund Policy. Failure to do so will result in suspension and possibly termination.
7) Reseller: Client Responsibility
Resellers are responsible for supporting their clients, RWB Hosting does not provide support to our Reseller’s Clients, if a reseller’s client contacts us, we reserve the right to place the clients account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. RWB Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
Customer agrees that it shall defend, indemnify, save and hold RWB Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against RWB Hosting, 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 RWB Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RWB Hosting; (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 RWB Hosting's servers.
9) Prohibition of Offensive Behavior
Racist, intolerant, hate, defamatory, stalking, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service suspension and/or termination without prior notice. Subscribers may not make comments on online social networking, blogs, forums or any online media websites, that we deem to be inproper, unfair or discourteous to the effort made my RWB Hosting employees. Your account may be suspended and/or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
RWB Hosting shall not be responsible for any damages your business may suffer. RWB Hosting makes no warranties of any kind, expressed or implied for services we provide. RWB Hosting 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 RWB Hosting and its employees.
By ordering our services, you agree to adhere to our Acceptable Use Policy. Failure to do so may result in suspension and possibly termination.
12) Un-Suspension Fees
If your services at RWB Hosting are suspended for any reason deemed inappropriate by RWB Hosting or if the TOS has been violated, a un-suspension fee of $10 will be charged at our discretion to the effected account in order to unsuspend it.
13) Domain Transfers
RWB Hosting reserves the right to deny any domain transfers that have been placed in the first 90 days of purchase. RWB Hosting will only allow transfers after 90 days of purchase.
14) Changes to the TOS
RWB Hosting reserves the right to revise its policies at any time without notice.