ReadyHost.net - Terms of Service  

Terms Of Service (TOS)
Revised: 09/18/2010

ReadyHost.net ("The Company"), agrees to furnish the following services to the Subscriber ("The Customer"), subject to the following TOS (Terms of Service).

Use of ReadyHost.net's services constitutes acceptance and agreement to this Terms of Service (TOS), as well as ReadyHost.net's Acceptable Use Policy (AUP). All provisions of this contract are subject to the TOS and AUP. At various times, the Company may change either the TOS or AUP upon notification of the Customer. Changes shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the County of Wake and the State of North Carolina, applicable to contracts enforceable in that state. Venue will be Wake County, North Carolina.
 

1. Disclosure of Client Information: We do not share your data with others except as necessary to process payments, provide services, or in response to court-issued subpoenas or search warrants. In order to protect our legal interests, in the event of a subpoena or search warrant, ReadyHost.net may voluntarily provide to all legal authorities any and all information requested, with or without contacting you. The AUP specifically prohibits the use of our services for illegal activities.
   
   
2. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated. Customer is aware that the Company may prospectively change the specified rates and charges from time to time, with prior notification to the customer. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals, including but not limited to, rates charged to company by its suppliers. Any changes by the Company will be communicated to the Customer.
   
   
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. The Company follows an advanced payment schedule. Payments are due on the 1st day of service provided to The Customer for each month or year, as applicable to the terms of your account. All customers (both monthly and annual plans) will be automatically enrolled in recurring billing. Please be sure to keep your billing information updated, this includes furnishing The Company with an up to date billing address. The above applies to all accounts and services provided by ReadyHost.net.
   
   
4. Payments and Fees: Payments for all services must be made to The Company via credit card or by check if pre-approved by The Company. By agreeing to the TOS, the Customer is authorizing all applicable payments and fees. Acceptance to service (including the TOS and AUP) constitutes the electronic signature of the Customer. Electronic signatures are the equivalent of written consent by the Customer to pay all service fees and charges. Credit cards that are declined for any reason are subject to a $1.00 declination fee. The Customer agrees to keep the credit card on file up to date and accurate (including expiration date and card number). Service will be interrupted on accounts that reach 10 days past due. Service interrupted for non-payment is subject to a $50 reconnect charge. Accounts not paid by the due date are subject to a $10 late fee. Accounts that are not collectable by ReadyHost.net may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50 nor more than $150, in addition to any fees the collection agency opts to charge. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
   
   
5. Refunds and Disputes: All set-up fees made payable to ReadyHost.net are non-refundable. Any overcharges or billing disputes must be reported within 60 days of the time the dispute occurred via the on-line support form. If you dispute a charge to your credit card issuer ("charge back") that, in ReadyHost.net's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay ReadyHost.net an "Administrative Fee" of not less than $50 and not more than $150.
   
   
6. Cancellations: All cancellations must be submitted via the on-line support form or by e-mailing sales directly. The Customer must send all applicable account information to cancel. Set-up fees are non-refundable. All cancellations requested for monthly service plans will result in a 50% refund for the current month's charges. All cancellations requested for annual plans after will result in a 50% refund of the remaining dollar amount of service. The monthly cost of the annual plan will be multiplied by the remaining months in the contract and divided by 2 to calculate 50% of the remaining dollar amount of service. Service will be terminated within 48 hours of written consent being received by the Company.
   
   
7. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
   
8. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Customer further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury. Some causes beyond the direct and exclusive control of the Company are, but not limited to; Hardware Failures, Network Outages, Service Provider Issues, etc.
   
   
9. Account Backups: All customers have the ability to backup the content of their web sites or dedicated servers while they still have paid access at any time. If a customer chooses to cancel or let their hosting lapse due to non-payment without a making a proper backup of their site, they will be required to pay a $100 processing fee (plus any applicable postage fees, should a copy on physical media be requested) to be furnished a backup of their account if one is still available to us. Backups are only held for a finite period of time for accounts which no longer exist on our servers.
   
   
10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to The Company, will require a minimum of three (3) days to be set up and entered into our DNS servers once the client has taken all neccesary steps to accomodate the transfer. In some cases, outside of our control, transfers may take up to thirty (30) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. All domain transfers are subject to the Company's registration fees. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
    
    
11. Non-Paying / Non-Responsive Reseller Recourse: Resold servers that are suspended for a period of 48 hours with no contact from the ReadyHost.net Reseller, and should the end-user wish to pay the balance of the invoices, will be turned over to the end-user directly with no ownership of the server after such point being allowed to the ReadyHost.net Reseller.
    
    
12. Spam Policy:
     
    1. SPAM and Unsolicited Commercial Email (UCE): ReadyHost.net maintains a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of ReadyHost.net may not use or permit others to use our network to transact in UCE. Customers of ReadyHost.net 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.
       
       
    2. Violation of ReadyHost.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ReadyHost.net will initiate an immediate investigation (within 48 hours of notification). During the investigation, ReadyHost.net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ReadyHost.net may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ReadyHost.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ReadyHost.net will notify law enforcement officials if the violation is believed to be a criminal offense.
       
       
    3. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $125 per hour that ReadyHost.net personnel must spend to investigate the matter.
       
       
    4. As our reseller Customers are ultimately responsible for the actions of their clients over the ReadyHost.net network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
       
       
    
    IMPORTANT NOTICE:
    Reseller or shared accounts which host web sites or services on their accounts that support spammers or cause any of our IP space to be listed in any of the various Spam Databases, will have their server immediately removed from our network. The account will not be reinstated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our server without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    



13. Network
     
    1. IP Address Ownership: If ReadyHost.net assigns the Customer with an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to ReadyHost.net, and the Customer shall have no right to use that Internet Protocol address except as permitted by ReadyHost.net in its sole discretion in connection with the Services, during the term of this Agreement. ReadyHost.net shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by ReadyHost.net, and ReadyHost.net reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Therefore, you must use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we reserve the right to revoke authorization to use those IP addresses that could be used with name-based hosting.
       
       
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer (the "Agreed Usage"), without additional charges being incurred. ReadyHost.net will monitor the Customer's bandwidth and disk usage. ReadyHost.net does offer additional bandwidth and disk usage for an advertised fee. ReadyHost.net shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ReadyHost.net's sole and absolute discretion. If ReadyHost.net takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ReadyHost.net will charge the customer's credit card on file or issue an invoice for payment as per the current advertised prices.
       
       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the ReadyHost.net Network. Violations of system or network security may result in civil or criminal liability. ReadyHost.net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
        
       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
          
          
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
          
          
       3. Attempting to interfere with service to any user, host, server, or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
          
          
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
          
          
       5. Taking any action in order to obtain services to which such User is not entitled.
          
          
       
       
    4. Notification of Violation:
        
       1. ReadyHost.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our TOS or AUP to monitor or police Internet-related activities.
          
          
       2. First violation: Any User, which ReadyHost.net determines to have violated any element of the Terms of Service or Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ReadyHost.nets discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
          
          
       3. Second Violation: Users that ReadyHost.net determines to have committed a second violation of any element of the Terms of Service or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and without refund.
          
          
       
       
    5. Suspension of Service or Cancellation: ReadyHost.net reserves the right to suspend network access to any customer if in the judgment of the ReadyHost.net network administrators the customer's account/server is the source or target of the violation of any of the other terms of the TOS or AUP or for any other reason which ReadyHost.net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account(s) was/were suspended.
       
       
    6. ReadyHost.net reserves the right to amend its policies at any time. All shared hosting, resellers and managed servers of ReadyHost.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. Resellers will be held responsible for the actions of your clients in the matter described on these terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
       
       
    7. Indemnification: ReadyHost.net wishes to emphasize that in agreeing to the ReadyHost.net Terms of Service (TOS) and Acceptable Use Policy (AUP), customer indemnifies ReadyHost.net for any violation of the Terms of Service (TOS) and Acceptable Use Policy (AUP) that results in loss to ReadyHost.net or the bringing of any claim against ReadyHost.net by any third-party. This means that if ReadyHost.net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ReadyHost.net, plus all costs and attorney's fees.
       
       
    8. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Please keep all contact information up to date.
       
       
       1. A waiver by the Company of any breach of any provision of this Agreement by Customer 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.
          
          
       2. Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
          
          
       3. ReadyHost.net takes no responsibility for any material input by others and not posted to the ReadyHost.net Network by ReadyHost.net. ReadyHost.net is not responsible for the content of any other websites linked to the ReadyHost.net Network; links are provided as Internet navigation tools only. ReadyHost.net 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.
          
          
       4. It is absolutely forbidden to run IRC servers or proxies or utilize IRC clients on any Server Account. Server Accounts found hosting or utilizing this material will be subject to immediate cancellation without refund, as well as possible fines.
          
          
    9. Responsibility for Content: You, as ReadyHost.net's customer, are solely responsible for the content stored on and served by your ReadyHost.net account.

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