Rapid City Hosting, Terms of Service

In consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

- Customer agrees to pay for hosting services rendered in advance of each monthly service term.
- Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
- Customer understands that all domain purchases are not included with web hosting plans, unless separately ordered, and are non-refundable after ordering.
- Customer agrees to forfeit payment to Rapid City Hosting if any of the terms below are broken.
- Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be cured within 5 days of notice. Customers failing to secure payment within 7 days of notice will incur service interruption.
- Violations of this contract may, at Rapid City Hosting's discretion, result in immediate disablement without refund.
- Customer ultimately agrees to everything in this agreement and forfeits the right to pursue legal or dispute rights.
- Customer agrees to withdraw the right to sue/rebuttal/dispute an item due to a "loop hole" or "error" on this page.

Compliance with Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Rapid City Hosting (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Rapid City Hosting investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the Customer's server.
4. Circumventing user authentication or security of any host, network or account, including “cracking.”
5. Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
6. Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
7. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
8. Failing to comply with the Rapid City Hosting procedure relating to the activities of Customers on the Rapid City Hosting premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $150.00 USD per hour required, and can not be paid by account credit. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

Email Policy

Mass Mailings. Rapid City Hosting has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Rapid City Hosting whether or not the message actually originated from our network.

Mailing Lists: Rapid City Hosting mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Mailing Lists exception: If you are under contract with a mailing list, list serv, or mailing service, you have the ability to contact sales/support and request that you may do so. In coherence, we will require a one time fee, as well as a monthly charge to allow you to do so.

If your actions have caused Rapid City Hosting mail servers or Rapid City Hosting IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $150 non-refundable charge to your account and $50 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

- A warning from via email or phone.
- Removal of DNS for the advertised / originating site.
- Immediate disconnection of service with no re-activation.
- $150 fee assessed to your account for violation.

Copyright Infringement

Rapid City Hosting hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Rapid City Hosting will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

Server Resources

Should your website utilize an excessive and unreasonable amount of server resources beyond the amount allocated to you (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Rapid City Hosting reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. Rapid City Hosting will be the sole arbiter of what is considered to be an excessive amount of server resources. Rapid City Hosting reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. Rapid City Hosting reserves the right to charge you for excessive resources at a pride we deem fit.

Suspension and Cancellation

Rapid City Hosting reserves the right to suspend service to any Customer for violation of the TOS. Rapid City Hosting will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Rapid City Hosting reserves the right to terminate service without notice for continued and repeated violations of the TOS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $150 and contract acceleration for all amounts outstanding under the contract term.

The following steps must be completed, and is the only acceptable way to cancel a web hosting account.
- Login to your billing control panel and submit a cancellation request. If you pay with a Credit Card, your account will not be charged. If you pay using PayPal, your subscription may or may not be cancelled on behalf of Rapid City Hosting. Please verify your subscription has been cancelled. You may be subject to additional fee's if your account is deemed in violation of this agreement. Your account will be reviewed under cancellation.
- After completing above step, cancel the server in PayPal by finding the active subscription, then clicking on its "Details" and choosing "Cancel" at the bottom of the resulting page. If you're having difficulty doing this, you can find an alternate cancellation method here: https://www.paypal.com/us/cgi-bin/webscr?cmd=_help&leafid=2381&answer_id=289655. If you do not perform this step, PayPal may charge you for another month of web hosting, which cannot be refunded.
- Your cancelled service will be terminated when the billing cycle ends, if you fully complete the steps of cancellation as outlined above. If no Billing ticket was opened in your control panel indicating if you want your service to remain online or not, service will be terminated at a minimum of 2 days of your subscription cancellation as described previously unless you otherwise requests so. We would also recommend a feedback on why you choose to cancel your servers so we can further improve our service in the unlikely event that you are unhappy with us.

Service Level Agreement

Rapid City Hosting endeavors to have network connectivity available for http access by third parties 99% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, Rapid City Hosting will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Rapid City Hosting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, work of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Rapid City Hosting is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Rapid City Hosting attempts to keep regular backups of data stored on our systems, Rapid City Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Rapid City Hosting does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information. Please note that due to server resources and nature of game and voice servers, only data from web servers will be backed up regularly as stated above and you will be responsible for keeping a copy of your game server/voice server files in a local directory unless you purchased a backup plan from us. Game servers may or may not be backed up voluntarily by us.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Rapid City Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Rapid City Hosting, its agents, its customers, servants 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 Rapid City Hosting against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Rapid City Hosting's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Rapid City Hosting's service.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

Any lawsuits on behalf of the client, or the company will be handled in the state of Illinois, under the Whiteside County Courts located in Sterling, IL.

 

Guaranteed / Burstable Usages 

Guaranteed resources are those guaranteed to any/all accounts with the advertised resource. This "feature" includes, but is not limited to Web Space (Hard Drive Space), Bandwidth, CPU.

Burstable usages are not guaranteed and are only permitted if the server allows it. This feature can NOT be disputed as it is a optional "privilege" and not a right. All accounts may experience fluctuation of burstable resources as time passes.

 

Violations

Any accounts found violating this account will be subject to additional fee's and/or termination or suspension without notice.

All violations listed also include similar or implied marks.

Rapid City Hosting does not allow the following, Hosting files for another website for use of mirroring, backup.
Rapid City Hosting reserves the right to allow file hosting on the servers within reason, however the said account can have its burstable resources forfeited without reason or notice.
Rapid City Hosting does not allow hacking, "warez", or any other illegal content on its servers at any time. All violators will have their information forwarded to the correct authorities regardless of country of residency.
Rapid City Hosting will actively pursue any websites containing the following, Crimes against Society, Murder, Random acts of inhumanity, Fighting, hurting, underage pornography, or other acts that would deem illegal.

Audit

All accounts under the Rapid City Hosting name are subject to an audit. All audits might require the web host to provide legal documentation providing proof of ownership, or proof of age on all/some of its members, or persons located in pictures. Cancellation of your account is hereby forfeited until the audit process is completed. If you attempt to cancel your account under an audit, or choose not to cooperate, it assumes you have something to hide, and could possibly be reported to the necessary government agency.

Promotions

All promotions are subject to availability and do hold requirements over them which are listed below,
All promotions can be terminated by removing the information on the main(index.html) page. By accepting any promotion, you agree to withdraw the option to collect on the "Money Back Guarantee".
All Promotions will be handled in a way that might seem uncommon to you, such as, shipping, forms, etc.
All gift prize promotions will be given on pre paid accounts such as, but not limited to, 6 months, 1 year, 2 years.
Not ALL packages will be eligible for these. If information is not listed, please contact support or a live customer service representative to find out if the package you inquire about is listed.

 

 

All content of this page is hereby copyrighted to Rapid City Hosting, of 2007+.
Modification of this page can be changed at any time without notification.